Posted on 08/04/2005 8:53:33 AM PDT by JOAT
ALERT FROM JEWS FOR THE PRESERVATION OF FIREARMS OWNERSHIP America's Aggressive Civil Rights Organization
August 4, 2005
JPFO ALERT: IS S. 397 A TROJAN HORSE?
You may have heard a lot of praise for S. 397, which last week passed the U.S. Senate. This bill is supposedly intended to protect firearms manufacturers against nuisance lawsuits.
There's been minor grumbling about the "safety lock" provisions in the proposed legislation, but otherwise S. 397 has had overwhelming support.
Just about the time we were wondering why even some usually gun-unfriendly senators like Herb Kohl (D-WI) were in favor of this bill, an alert Congresswatcher contacted us with a warning.
"The only thing I see that's good about the bill," this sharp-eyed observer wrote, "is that it hasn't become law."
After taking a closer look, we agree.
As our correspondent pointed out, the real problem lies in Sec. 6 "Armor Piercing Ammunition."
THIS SECTION COULD ALLOW ALL CENTERFIRE RIFLE AMMO TO BE BANNED
Here's how.
Part One of Sec. 6 makes it illegal to make, import, sell or deliver any "armor-piercing" ammunition EXCEPT:
1) For the use of state and federal government departments or agencies.
2) For export
3) For Attorney General-approved testing.
Part Two "enhances" criminal sentences for anyone who possesses "armor-piercing" ammunition during the commission of a crime.
Part Three is where the trap is really sprung. Because this part instructs the U.S. Attorney General to "conduct a study to determine whether a uniform standard for the testing of projectiles against Body Armor is feasible."
NOTE WELL: The tests to determine whether or not ammo is "armor piercing" are NOT to be conducted against armor plate, such as that used on military combat vehicles. The tests are to be conducted against body armor. And as anyone knowledgeable about firearms knows, VIRTUALLY ALL RIFLE AMMO WILL PENETRATE BODY ARMOR. So will some pistol ammo.
We asked firearms maker Len Savage if the warning we received was well-taken or whether this was simply a misinterpretation of the proposed law. Here's Len's reply:
"Yes. This gives the A.G. the power to say what is and is not "armor piercing." There is no language for what type of test is to be conducted (other than ballistic vests). If the test were on 1 inch "rolled homogeneous armor plate" then there would be no problem. If the test is a level I "vest" material, then EVERYTHING including .22 longs, are going to be illegal ammo.
"The bill would effectively give the power to decide to ONE person. NO vote, NO appeal, NO rights. (Just like the current mess with [the sloppy, no-standards testing practices of the Bureau of Alcohol, Tobacco, and Firearms].)
"I figured it was a matter of time before they got around to figuring out: Control the ammo and you control the guns. Of course there would be born a "black market" for ammo, very close to the black market for marijuana, in size, scope, and risks. Next will be the sentencing recommendations for possession, and distributing (dealing). Components will be viewed as constructive intent of illegal manufacturing of "terrorist material."
"This is a dangerous path for America. I am forced to ask myself: Why the continued attack and obvious methodical disarming of American Citizens? There is only one answer: control and power."
Just as "Saturday-Night specials," "military-style assault weapons," "cop-killer bullets," and "sporting purposes" have all been used as deceptive, emotionally loaded key words to justify regulations and outright bans, it now appears that the designation "armor-piercing ammunition" is likely to be mis-applied in an attempt to deprive Americans of their rights.
We should all be asking some serious questions about the real impact S. 397 will have on our freedoms if it becomes law. One important question is: Why are our "leaders" so desperate that they would attempt to slip such a potentially draconian provision into a supposedly pro-gun bill?
The Liberty Crew
LINKS:
S. 397, Sec. 6 http://tinyurl.com/9u8mt (click on [S.397.ES])
A reality check on the U.S. government's sloppy firearms testing procedures: http://www.jpfo.org/alert20050701a.htm
============================================================
JPFO mirror site: http://www.jpfo.net
============================================================
LET JPFO KEEP YOU INFORMED -- Sign up today for JPFO Alerts! Just send a blank e-mail to jpfoalerts-subscribe@jpfo.org
=============================================================
Regain your freedom - download the song "Justice Day" today! http://www.rebelfirerock.com/downloadjd.html
=============================================================
Original Material in JPFO ALERTS is Copyright 2005 JPFO, Inc. Permission is granted to reproduce this alert in full, so long as the following JPFO contact information is included:
Jews for the Preservation of Firearms Ownership PO Box 270143 Hartford, Wisconsin 53027
Phone: 1-262-673-9745 Order line: 1-800-869-1884 (toll-free!) Fax: 1-262-673-9746 Web: http://www.jpfo.org/
============================================================= JPFO ALERTS is provided as a free service to the Internet Community. If you wish to help support this service, consider joining JPFO! $20/year (no, you don't have to be Jewish!) Join for 2 years and receive a free JPFO lapel pin! Life Membership: $500 or $41.67/month for 12 months.
Isn't that amendment Larry Craig's ?? WTF why did he tack that on there? He was the chief sponsor of the bill.
Ping! Looks like S397 is not what it is supposed to be!
Semper Fi
"JPFO ALERT: IS S. 397 A TROJAN HORSE?"
I don't see it listed as a Trojan Horse.
http://securityresponse.symantec.com/avcenter/venc/auto/index/indexS.html
Yes.
Call your Congressmen and Senators NOW!
Well, let's beat them. Send letters out to senators and congressmen urging revision.
Whoaaaaaa nellie!
Just when you thought it was safe to back a bill...!!!
Thanks to Mr. Z and his alert folk!
Contacting legiscritters now!
Top sends
Yeah, I saw it.
Degenerate pondscum, the lot of them.
The time to begin turning in our bullets gets closer every day.
The good news is that the gungrabbing laMecha AG Speedy Gonzalez will have the authority to regulate,
Whoa......I thought this provision was on the Kennedy amendment to the bill (which thankfully didn't pass), not on the bill itself.
Here in CA, ammo will have to be tough to retain serial numbers after firing.
*Smiling*
Exactly why it is posted here my friend....
Son of a peach grabbing bunch of backstabbing no good polidiots....ya have to watch em closer than a sugared up 4 year old kid......doom on em all. Worthless bunch of beanconuntin arrrhhhhhggggghhh !
Dang !
That was my understanding as well - perhaps someone can confirm this latest?
Ping...
I have been wondering. Now, I do not.
The House version must either not contain these provisions (nor allow them to be added) or must redefine specifically what ammo could be considered, eliinating rifle ammo from the mix. Otherwise, the bill will need to be killed.
2nd on that.
Great to get this alert, time to call the Congresscritters.
He is right even some rimfire ammo will penetrate certain types of body armor
well sh*t.
OKAY, I got it. Read further down where they are to develop testing standards...
SA 1645. Mr. CRAIG proposed an amendment to the bill S. 397, to prohibit civil liability actions from being brought or continued against manufacturers, distributors, dealers, or importers of firearms or ammunition for damages, injunctive or other relief resulting from the misuse of their products by others; as follows:
On page 13, after line 4, insert the following:
SEC. 5. ARMOR PIERCING AMMUNITION.
(a) Unlawful Acts.--Section 922(a) of title 18, United States Code, is amended by striking paragraphs (7) and (8) and inserting the following:
``(7) for any person to manufacture or import armor piercing ammunition, unless--
``(A) the manufacture of such ammunition is for the use of the United States, any department or agency of the United States, any State, or any department, agency, or political subdivision of a State;
``(B) the manufacture of such ammunition is for the purpose of exportation; or
``(C) the manufacture or importation of such ammunition is for the purpose of testing or experimentation and has been authorized by the Attorney General;
``(8) for any manufacturer or importer to sell or deliver armor piercing ammunition, unless such sale or delivery--
``(A) is for the use of the United States, any department or agency of the United States, any State, or any department, agency, or political subdivision of a State;
``(B) is for the purpose of exportation; or
``(C) is for the purpose of testing or experimentation and has been authorized by the Attorney General;''.
(b) Penalties.--Section 924(c) of title 18, United States Code, is amended by adding at the end the following:
``(5) Except to the extent that a greater minimum sentence is otherwise provided under this subsection, or by any other provision of law, any person who, during and in relation to any crime of violence or drug trafficking crime (including a crime of violence or drug trafficking crime that provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) for which the person may be prosecuted in a court of the United States, uses or carries armor piercing ammunition, or who, in furtherance of any such crime, possesses armor piercing ammunition, shall, in addition to the punishment provided for such crime of violence or drug trafficking crime or conviction under this section--
``(A) be sentenced to a term of imprisonment of not less than 15 years; and
``(B) if death results from the use of such ammunition--
``(i) if the killing is murder (as defined in section 1111), be punished by death or sentenced to a term of imprisonment for any term of years or for life; and
``(ii) if the killing is manslaughter (as defined in section 1112), be punished as provided in section 1112.''.
(c) Study and Report.--
(1) STUDY.--The Attorney General shall conduct a study to determine whether a uniform standard for the testing of projectiles against Body Armor is feasible.
(2) ISSUES TO BE STUDIED.--The study conducted under paragraph (1) shall include--
(A) variations in performance that are related to the length of the barrel of the handgun or center-fire rifle from which the projectile is fired; and
(B) the amount of powder used to propel the projectile.
(3) REPORT.--Not later than 2 years after the date of enactment of this Act, the Attorney General shall submit a report containing the results of the study conducted under this subsection to--
(A) the chairman and ranking member of the Committee on the Judiciary of the Senate; and
(B) the chairman and ranking member of the Committee on the Judiciary of the House of Representatives.
Gun grabbing scum warning bump!
TERM LIMITS
At least.
Somehow, that thought offers me no comfort.
probably more paranoia, but worth taking a look at.
Ditto
Indeed. They have done a fine job finding this, and deserve praise from the firearms community.
I wonder how this got by both the NRA and the GOA, but I am daggone glad that the JPFO caught it:
(1) STUDY- The Attorney General shall conduct a
study to determine whether a uniform standard for the
testing of projectiles against Body Armor is feasible.
(2) ISSUES TO BE STUDIED- The study conducted
under paragraph (1) shall include--
(A) variations in performance that are
related to the length of the barrel of the handgun or
center-fire rifle from which the projectile is fired; and
(B) the amount of powder used to propel
the projectile.
The language is clear in section 6, "ARMOR PIERCING AMMUNITION" if you follow the links in the original post.
Remember: Once the thing is 'LAW' it is a tool to be exploited by a sHrillary administration in 3 years.
That salient point does not matter in the least to the politicians that are pushing the ammo serial number bills. All they care about is that you will be entered into a database for future use when it comes time to search your home for your (formerly) lawful firearms. Your purchase and subsequent registration of the ammo will be the probable cause to get the warrant.
Make no mistake, this isn't about ammo,
Even your .22.
"The time to begin turning in our bullets gets closer every day."
Yep
One round at a time
Gun control is like trying to reduce drunk driving by making it tougher for sober people to own cars. (THR)
And yes, it's all about people control.
It was my understanding that the dim-wit ammendment (Ted "Backstroke" Kenady's I think) would have outlawed all ammo that would penatrate body armor; ie: all rifle ammo and more powerful pistol ammo.
What was substituted was a Repub ammendment that simply studies the "armor piercing" matter for two years.
It was suposed to be a milk bone thrown to the anti-gun dim-wits.
What I would like to know is why were they given anything when the repubs have a majority?
Too many RINOs in the Senate, is the answer to that last.
The timing is interesting too. From section 6:
REPORT.--Not later than 2 years after the date of enactment of this Act, the Attorney General shall submit a report containing the results of the study...
So the report is delivered just before the 2008 election run-up. Recommendations can work their way through committees while everyone is distracted with national electioneering. Once the HildaBeast takes office, all the foreplay is over and she can ban evil centerfire 'armor-piercing' ammo, 'for the children.'
No doubt another Columbine-like event will immediately precede this.
Start stockpiling now gentlemen.
This doesn't give the AG the power to ban AP ammo. The magic word "DEFINE" is not in there. It just wastes money on a study. It doesn't change what currently is defined as AP ammo.
Let's compare that to the Kennedy Amendment which IS what JPFO is accusing this of being.
---------------------------------------------------
Kennedy Amendment 1615
AMENDMENT PURPOSE:
To expand the definition of armor piercing ammunition and for other purposes.
(a) EXPANSION OF DEFINITION OF ARMOR PIERCING AMMUNITION.--Section 921(a)(17)(B) of title 18, United States Code, is amended--
1) in clause (i), by striking ``or'' at the end;
(2) in clause (ii), by striking the period at the end and inserting a semicolon; and
(3) by adding at the end the following:
``(iii) a projectile that may be used in a handgun and that the Attorney General determines, under section 926(d), to be capable or penetrating body armor; or
`(iv) a projectile ror a center-fire rifle, designed or marketed as having armor piercing capability, that the Attorney General determines, under section 926(d), to be more likely to penetrate body armor than standard ammunition or the same caliber.''.
(b) DETERMINATION OF THE CAPABILITY OF PROJECTILES TO PENETRATE BODY ARMOR.--Section 926 or title 18, United States Code, is amended by adding at the end the rollowing:
``(d)(1) Not later than 1 year after the date or enactment or this subsection, the Attorney General shall promulgate standards for the uniform testing of projectiles against Body Armor Exemplar.
``(2) The standards promulgated under paragraph (1) shall take into account, among other factors, variations in perrormance that are related to the length of the barrel or the handgun or center-fire rifle rrom which the projectile is fired and the amount and kind or powder used to propel the projectile.
``(3) As used in paragraph (1), the term `Body Armor Exemplar' means body armor that the Attorney General determines meets minimum standards for the protection of law enforcement officers.''.
It just gets a new paint job from time to time.
We had a law die a natural death. I want some repeals. (NFA, GCA, The '86 ban on new civillian class III, etc.)
150% sure?
"...Remember: Once the thing is 'LAW' it is a tool to be exploited by a sHrillary administration in 3 years...."
Spot on sir!
This is why some of the more heinous aspects of the "patriot" act need to sunset, go away.
"working toward that joat moniker also!"
Cheers,
Top sends
Strategically and respectfully, I disagree. It's about getting elected and using the issue of gun control to receive funds from gun control organizations and receiving endorsements from other organizations that will bring in votes. Then they'll get your guns. Then they will prosecute us because we will have been made felons by ex post facto legislation.
The Craig/Frist Amendment sucks since it's a waste of money, and it may lead to something bad in the future if this study reports lead to more Brady and VPC crying. However, it would take a new law to ban actual ammo.
after reading this for the 15th time - I agree with you...
it is a study - but gives no one the explicit right to change definitions.
Thanks... !
I think JPFO is right. The actual text at the Senate is very bad (and it is referring to "Body Armor" when it is discussing "armor piercing", not something more substantial):
`(7) for any person to manufacture or import
armor piercing ammunition, unless--
`(A) the manufacture of such ammunition is
for the use of the United States, any department or agency
of the United States, any State, or any department, agency,
or political subdivision of a State;
`(B) the manufacture of such ammunition is
for the purpose of exportation; or
`(C) the manufacture or importation of
such ammunition is for the purpose of testing or
experimentation and has been authorized by the Attorney
General;
`(8) for any manufacturer or importer to sell or
deliver armor piercing ammunition, unless such sale or
delivery--
`(A) is for the use of the United States,
any department or agency of the United States, any State, or
any department, agency, or political subdivision of a State;
`(B) is for the purpose of exportation; or
`(C) is for the purpose of testing or
experimentation and has been authorized by the Attorney General;'.
(b) Penalties- Section 924(c) of title 18, United
States Code, is amended by adding at the end the following:
`(5) Except to the extent that a greater minimum
sentence is otherwise provided under this subsection, or by
any other provision of law, any person who, during and in
relation to any crime of violence or drug trafficking crime
(including a crime of violence or drug trafficking crime
that provides for an enhanced punishment if committed by the
use of a deadly or dangerous weapon or device) for which the
person may be prosecuted in a court of the United States,
uses or carries armor piercing ammunition, or who, in
furtherance of any such crime, possesses armor piercing
ammunition, shall, in addition to the punishment provided
for such crime of violence or drug trafficking crime or
conviction under this section--
`(A) be sentenced to a term of imprisonment of
not less than 15 years; and
`(B) if death results from the use of such
ammunition--
`(i) if the killing is murder (as defined
in section 1111), be punished by death or sentenced to a
term of imprisonment for any term of years or for life; and
`(ii) if the killing is manslaughter (as
defined in section 1112), be punished as provided in section
1112.'.
Thanks again - my BP is coming back down slowly....
He already is trying to put something like a 1,000% tax on ammunition in NY, so you can see what he would do with this law.
That refers to ammunition already defined in the legal sense as armor piercing ammunition(a type of pistol ammo already banned), not the .30-30(which Ted Kennedy attacked).
It does not refer to any ammo which can theoretically pierce a vest.
"To be more likely...than standard" is not exactly my idea of a precise legal description to pass or fail the vest test. Sorry, the language is abusable by those with ill intent. The language does not restrain them enough. Think of a Janet Reno with the power of this "definition" to regulate.
All it was is a political game played by Craig to marginalize Kennedy's amendment which was defeated. This way, the GOP can say to the soccer mommies that they wern't supporting cop killer bullets.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.