Should the ATF be Prohibited From Reclassifying Ammo as Armor Piercing Unless it’s Designed For Use in Handguns? (H.R. 2097)

What is H.R. 2097?

(Updated September 12, 2019)

This bill — known as the ATF Wrongful Reclassification Act — would prevent the Bureau of Alcohol and Firearms (ATF) from reclassifying certain types of ammunition as being “armor piercing.” It would modify the U.S. Code so that ammunition could only be reclassified as armor piercing if the manufacturer designs and intends the ammo to be used in a handgun, rather than reclassification being allowed if ammunition “may be used in a handgun.” It would also change the portion of the code allowing handgun ammo to be banned unless it’s for “sporting purposes” to “lawful purposes.”

Argument in favor

The ATF should have clear guidelines for regulating armor piercing ammunition which this bill would provide, and ATF shouldn’t ban ammo that’s commonly used in rifles just because it can also be used in pistols.

Argument opposed

ATF should have the ability to apply the ban on armor piercing ammunition to popular rifle rounds that can be used in handguns. Such ammo poses a threat to law enforcement officers wearing body armor.

Impact

Buyers of ammunition that would be subject to the ATF’s armor piercing ban; and the ATF.

Cost of H.R. 2097

A CBO cost estimate is unavailable.

Additional Info

In-Depth: This bill was introduced in response to actions the ATF considered taking during the Obama administration related to M855 ammunition, which is commonly used in AR-15 rifles but can also be used in AR-15 pistols. 

In 1986, M855 rounds were exempted from the armor piercing ammunition ban that applies to handguns, but in February 2015 the ATF released a proposed regulatory framework that would ban the rounds. The ATF ended the process in March 2015 after 80,000 public comments were received, “the vast majority of the comments received to date were critical of the framework.”

This legislation has the support of three Republican cosponsors in the House.

Media:

• Sponsoring Rep. Scott Perry (R-PA) Press Release