Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Clarification Of S. 397 Amendments

Friday, September 23, 2005

Recently, there has been a new wave of erroneous overstatements concerning two amendments to S. 397--The "Protection of Lawful Commerce in Arms Act."  While we have provided detailed information as to the nature of  these measures in past editions of the Grassroots Alert, factual information regarding their impact bears repeating.

The first measure, by Senator Herb Kohl (D-Wisc.), requires federally licensed dealers to provide a "secure gun storage or safety device" with the sale/transfer of every handgun (it does not apply to long guns).  The measure, which passed by a vote of 70-30, does not require gun owners to use the device, does not apply to private transfers, and does not create any new civil liability for gun owners who choose not to use these storage devices. Virtually all new handguns today are sold with some type of secure storage or safety device.  The amendment has no significant impact on current law.

The second measure--an amendment by Senator Larry Craig (R-Idaho)--passed by a margin of 87-11, and was offered this year (as it was in 2004) in a successful attempt to defeat Senator Edward Kennedy's "armor piercing" ammunition amendment that would have banned all centerfire rifle ammunition.  By providing an alternative to Senator Kennedy's amendment, pro-gun senators were able to marshal the votes to defeat the Kennedy amendment.

The amendment restates the existing prohibition on manufacture, or sale by manufacturers, of "armor piercing ammunition," except for government use, for export, or for use in testing or experimentation authorized by the Attorney General.  This law has been in effect for nearly two decades.  It increases the mandatory minimum sentence for the use of "armor piercing ammunition" in a crime of violence or drug trafficking crime.  Use of armor piercing ammunition in a crime of violence or drug trafficking crime is already a federal offense punishable by five years in prison.  The amendment increases the penalty to 15 years, and authorizes the death penalty if the ammunition is used in a murder.  It also directs the Attorney General to conduct a study "to determine whether a uniform standard for the testing of projectiles against Body Armor is feasible."  In fact, we know such a standard is "feasible" because the National Institute of Justice (NIJ) has been testing projectiles against body armor since the early 1970s, and has regularly written and updated the standards for testing projectiles against body armor.  NIJ's research has saved lives by improving the design and manufacture of body armor.

The amendment does not give the Attorney General (or anyone else) any new authority to ban ammunition, nor does it change the definition of "armor piercing ammunition."  Under current law, ammunition is only "armor piercing" if it has a bullet that "may be used in a handgun" and that is made entirely from certain hard metals such as tungsten, steel, bronze or depleted uranium; or if the bullet is "designed and intended for use in a handgun" and has a jacket that weighs more than 25% of the weight of the projectile.  The current definition has been in place for more than 12 years.

And finally, the amendment does not create any kind of new ammunition ban.  The only ammunition that is banned as "armor piercing" is ammunition that fits the current definition, and neither the amendment nor the study would change the definition.

S. 397, as passed by the Senate, represents our best opportunity to finally enact into law a prohibition on these reckless lawsuits.  It is critical that you once again contact your U.S. Representative's Capitol Hill office in Washington, D.C., and urge him/her to pass S. 397 as passed by the Senate!

You can find contact information for your elected officials by using the "Write Your Representatives" tool at www.NRAILA.org.  Or you can call your U.S. Representative at (202) 225-3121.

We can and will achieve our mutual goal of finally enacting this common sense law, but only with your continued assistance.  Please help us finish the job once and for all by contacting your U.S. Representative in Washington and urging him/her to support the  "Protection of Lawful Commerce in Arms Act" as passed by the Senate.

TRENDING NOW
ATF Proposes Helpful Reforms for Travel with NFA Items

News  

Monday, December 8, 2025

ATF Proposes Helpful Reforms for Travel with NFA Items

Until the National Firearms Act is a relic of the past, every little bit that makes it easier to navigate can surely help. In recent weeks, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) ...

UK Continues Perilous Slide into 1984 Territory

News  

Monday, December 8, 2025

UK Continues Perilous Slide into 1984 Territory

By now, many of you have probably heard about the British subject (we are not really sure they should be called citizens anymore) who, after visiting the United States and enjoying the firearm freedoms many ...

Latest Anti-Gun Task Force Report Delivers Next Wish List for Michigan Prohibitionists

News  

Monday, December 8, 2025

Latest Anti-Gun Task Force Report Delivers Next Wish List for Michigan Prohibitionists

Joe Biden has been out of office for over 300 days now, but his anti-gun legacy lingers, including in the form of a playbook left behind for anti-liberty governors (hello, Governor Gretchen Whitmer!) to consult. NRA-ILA ...

New Jersey: Senate Committee Passes Attack on Garden State Shooting Ranges

Thursday, December 4, 2025

New Jersey: Senate Committee Passes Attack on Garden State Shooting Ranges

On Thursday, December 4, the Senate Law & Public Safety Committee advanced legislation that could potentially weaponize local zoning laws against outdoor shooting ranges. According to the bill statement, “This bill requires a municipality in which ...

The Kids are Alright: Distrust of Mainstream Media Peaks with Gen Z, Alpha

News  

Monday, December 8, 2025

The Kids are Alright: Distrust of Mainstream Media Peaks with Gen Z, Alpha

A few weeks ago, an alert discussed the Gallup organization’s polling that tracks historic changes in the public’s perception of mass media (newspapers, TV, and radio). Since 1972, Gallup has been asking Americans about their “trust and ...

North Carolina: Update on Permitless Carry

Monday, November 17, 2025

North Carolina: Update on Permitless Carry

Last week the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

Ninth Circuit Grants Rehearing En Banc in NRA-Supported Challenge to California’s Ammunition Background Check Requirement

Tuesday, December 2, 2025

Ninth Circuit Grants Rehearing En Banc in NRA-Supported Challenge to California’s Ammunition Background Check Requirement

The Ninth Circuit Court of Appeals has granted rehearing en banc in Rhode v. Bonta—a case backed by the National Rifle Association and California Rifle and Pistol Association.

A Dozen Towns in New Jersey Have Nullified Carry Permit Fees Through an Initiative Backed by NJFOS, NRA, and CCRKBA.

Tuesday, December 2, 2025

A Dozen Towns in New Jersey Have Nullified Carry Permit Fees Through an Initiative Backed by NJFOS, NRA, and CCRKBA.

On November 25th, Howell, in Monmouth County, became the 12th municipality in New Jersey to refund all or substantially all the fees required to obtain a permit to carry. The list now includes towns in ...

NRA Files Amicus Brief Urging SCOTUS to Hear Case of Virginia CCW Holder Arrested While Traveling Through Maryland

Thursday, December 11, 2025

NRA Files Amicus Brief Urging SCOTUS to Hear Case of Virginia CCW Holder Arrested While Traveling Through Maryland

The National Rifle Association joined the Second Amendment Foundation, California Rifle & Pistol Association, Second Amendment Law Center, Minnesota Gun Owners Caucus, and Citizens Committee for the Right to Keep and Bear Arms in filing ...

Indiana: 2026 Legislative Session Is Now Underway!

Tuesday, November 25, 2025

Indiana: 2026 Legislative Session Is Now Underway!

Today, December 1st, the Indiana House of Representatives begins its 2026 legislative session. The Indiana Senate will convene one week later, on December 8th. Gun owners and sportsmen throughout the state must stay actively involved ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.