Tuesday, March 10, 2015

Is ATF Moving Away From The Proposal To Ban M855?

Over at RightMI, in post based on a misread of a Michigan statute that they thought would make people in Michigan become felons if they possessed M855 after ATF declared it AP ammunition (It won't- It darn likely will. Based on a discussion with someone whom I respect and hold in high regard, who provded me with some solid explanatory legal analysis, it appears that there is indeed an avenue of attack and a clear risk to Michigan residents possessing M855 should the ATF declare it to be AP ammunition. I doth blog corrected and appreciate the additional information and analysis provided), comes the important news that it appears that ATF is going to pause in pushing forward its "framework" that would have banned M855.

ATF's Press Release.

Apparently the flood of comments, and people contacting their representatives got their attention:

Notice to those Commenting on the Armor Piercing Ammunition Exemption Framework

Thank you for your interest in ATF's proposed framework for determining whether certain projectiles are “primarily intended for sporting purposes” within the meaning of 18 U.S.C. 921(a)(17)(C). The informal comment period will close on Monday, March 16, 2015. ATF has already received more than 80,000 comments, which will be made publicly available as soon as practicable.

Although ATF endeavored to create a proposal that reflected a good faith interpretation of the law and balanced the interests of law enforcement, industry, and sportsmen, the vast majority of the comments received to date are critical of the framework, and include issues that deserve further study. Accordingly, ATF will not at this time seek to issue a final framework. After the close of the comment period, ATF will process the comments received, further evaluate the issues raised therein, and provide additional open and transparent process (for example, through additional proposals and opportunities for comment) before proceeding with any framework.

It doesn't mean they won't try to bring the framework proposal forward again once they've processed all 80,000 comments, but at least there is no imminent immediate ban on M855.

Expect them to try again, and again make your reasoned comments and contacts to your representative in opposition to such bans when they try again.

To those of you who submitted comments to ATF and to your Representatives - Good job folks, you did it.

1 comment:

Jason Gillman said...

Sending you some other info directly, use at your discretion.