Congress of the United States ‘Waskington, DE 20515 March, 2085 8, Todd Jones, Director ‘Bureau of Alohol, Tobacco, Firearms and Explosives 99 New York Avenue, NE Washington, 0¢ 20226 Dear Director Jones: \We ave writing W express uur serious concern with the “ATF Framework for Determining Whether Certain Projects are ‘Primarily Intended for Sporting Purposes’ Within the Mearing of 18 US. 924{a17HC)," issued on February 13,2015, ‘The proposed “Framework” purports to establish an “objective” test for determining whether certain projectiles otherwise considered "armor piercing” under federal aw qualify for an exemption allowing them tobe lawfully manufactured, Imported, and sold on the clan market inthe United States. The "Framework" however, establishes an unduly restrictive standard, doesnot comport with the letter or spirit of the law, and will interfere with Second Amendment rights by disrupting the market for ‘ammunition that law abiding Americans use for sporting and other legitimate purposes ‘As you know, the ban on “armor piercing” ammunition was created by the Law Enforcement Officers Protection Act (LEOPA) of 1986, The Act was conceived to protect police officers from the hazards presented by so-called “armor piercing” projectiles-rignally designed for aw enforcement and military ‘use—that ean be fred from handguns and penetrate the sor of soft body armor typically worn by police officers To do this, LEOPA bans various sorts of non-lead projectiles or projectile “cores” that “may be” used in handguns. As LEOPA's authors alized, however, bllts fied from most common rifle cartridges can penetrate soft body atmor, and some ile bullets canbe loaded into ammunition for handguns. Congress therefore incorporated an exemption into LEDPA for projectiles “which the Attorney General finds (are) primarily intended tobe used for sporting purposes’ to protect ordinary rifle ammunition {rom being swept up in the ba. ‘The “Framework” i intended to answer the question of how the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) will make “sporting purposes” determinations. t creates a two-prong test. Fist, [ATE will exempt "2 caliver projectile. the projectile weighs 40 grains or less AND is loaded into 2 rimfire cartridge" Second, ATF will exempt other projectiles if they are “loaded into a cartridge for whieh the only handgun that I really available in the ordinary channels of commercial rade i single shot handgun." Even then, ATE -under tis supposedly “objective” test— "retains the discretion to deny any application fora sporting purposes’ exemption if substantial evidence exists thatthe ammunition i not primarily Intended for such purposes”‘The effects ofthese restrictive interpretations are untenable. For example, since 1986 ATF has considered the MESS 5.56 x aSmm cartridge to be “exempt” under the sporting purposes tes (although its core contains a substantial amount of lea, raising questions about Its clasication as “armor Piercing in the first place). ATF has now rescinded that exemption because repeating handguns that fre the MESS round are commercially available, Yet this round is amongst the most commonly used inthe ‘most popular rifle design in America, the ARIS, Millons upon millons of MESS rounds have been sold and used in the US, yet ATFhas not even alleged ~ much less offered evidence ~ that even one such Found nas ever been fed from a handgun a a police office. The idea that Congress intended LEOPA to ban one of the preeminent ile cartridges in use by Americans for legitimate purposes s preposterous. While the banning of these popular cartridges isthe mos visible and immeciate effect of ATFs siting policy, the "Framework" has other serous implications. It wil, for example, inhibit the development and Use of rifle ammunition containing nan-lead materials, even as efforts are afoot both atthe federal and state levels to impose bans or estrietions on lead ammunition, The eventual collision ofthese trends could resultn drastically reduced options for lawful ammunition users. "Neither LEOPA nor any other provision of federal law i intended to restric the development of ‘ammunition or handguns that were designed and intended to be used by private citizens for legitimate ‘purposes, Instead, LEOPA shouldbe construed in accordance with the American tradition of lawful firearms ownership, as protected by the Second Amendment. The term “primary intended tobe used for sporting purposes” should be broadly understood to incorporate the many legitimate uses Americans make oftheir firearms including target practice, hunting, organized and casual competition, training and skis development, and instructional activites. ‘The “Framework” does not comport with LEOPA's mearing and intent and should be abandoned. ATF should refocus is efforts on serious treats to lw enforcement officers from specially designed armor piercing projectiles that are intended for use inthe sort of handguns commonly caried and concesled by criminals. Under no circumstances should ATF adopt a standard that will ban ammunition that is ‘overwhelmingly used by law-abiding Americans for legitimate purposes. ‘Of adsitional concerns the manner in which ATF ised the proposed "Framework The Administrative Procedures Act (APA) (5 U.S.C 833) requires that "general notice of proposed rulemaking shall be published inthe Federal Register.” To date the "Framework" has not been published inthe Federal Register. In order for Congress to mare fully understand the rationale behind the “Framework” please respond to the folowing questions by March 13, 2015: 1) How does ATF determine what constitutes the “core” ofa projectile that has more than one discrete component or section beneath an outer jacket and upon what provision of law or other Principle is that determination based? 2) Why did the ATF not publih the proposed “Framework” inthe Federal Register as required by the APA? 3) Under the “Framework,” what other rounds i the ATE considering regulating as armor piercing ammunition?Thank you for your prompt attention to this request. Ifyou have any questions, please contact Jason CCervenak, Senior Counel, of the House Judiciary Committee at 202-225-3951, Sincerely, Qk Bob Goodlatte,Chaieman ‘Committee on the Judiciary US. House of Representatives Sensenbrenner, Chairman ssubemmittee on crime, Terrorism, Homeland Security and investigations ‘Committee on the Judiciary US. 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