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Wow: Fed Judge Upholds Obama’s Ammunition Ban!
Fellow Conservative,
A federal judge just upheld Barack Obama’s ammunition ban and the logic he used to do so is beyond idiotic.
In 2014, the Obama administration banned the importation of surplus Russian 5.45×39 ammunition, most notably used in some AK-74 pattern rifles. Why? Because the ATF determined it was “armor piercing” ammunition.
Even though it is specifically a rifle caliber, the Bureau of Alcohol, Tobacco, Firearms, and Explosives unilaterally determined that it could technically be used in a pistol as well. Even though no-such pistol exists on the commercial market, they used this hypothetical to ban the ammo.
But the Obama administration played fast and loose with the facts. The law in question is 18 USC sec. 921(a)(17). In order for ammunition to be classified as armor piercing, it needs to meet at least one of following classifications. It must have
(i) A projectile or projectile core which may be used in a handgun and which is constructed entirely (excluding the presence of traces of other substances) from one or a combination of tungsten alloys, steel, iron, brass, bronze, beryllium copper, or depleted uranium; or
(ii) A full jacketed projectile larger than .22 caliber designed and intended for use in a handgun and whose jacket has a weight of more than 25 percent of the total weight of the projectile.
While the ammunition does have steel in its projectile, it is not “constructed entirely” of steel. There is a significant amount of lead in the projectile as well. So that, in addition to fact that there are no commercially offered pistols in this caliber, means that the first part of the statute doesn’t apply.
Secondly, the 5.45×39 round has a projectile that is exactly .22 inches in diameter, meaning that part (ii) of the statute also doesn’t apply.
But U.S. District Judge John C. Coughenour completely ignored these facts and upheld the ban on ammunition anyway!
Judge Coughenour said that in his opinion, the ammunition has a core made entirely of steel (which is a complete lie) and he lambasted the importer who brought the lawsuit for ignoring the fact that this ammunition can pierce a bullet proof vest and potentially kill law enforcement officers.
And… there it is.
The primary justification of his ruling was the fact that this ammunition can pierce a vest. Therefore, it should be taken off the market.
There is not a single center-fire hunting cartridge in existence that wouldn’t also pierce a soft bullet proof vest. A police officer’s bullet proof vest is not designed to stop a hunting bullet or a rifle caliber. The vests are only designed to stop pistol bullets.
Under this judge’s logic, simply theorizing that a pistol could be made to fire a rifle round should be enough to ban a whole class of ammunition.
And that is what Obama tried to do last year by banning ammunition used in the AR-15. Even though the law didn’t allow for it to be banned, Obama moved forward with it anyway.
We blew the whistle on Obama’s M855 ammo ban and do you know what happened? Hundreds of thousands of FaxBlasts were delivered to Congress and after Congressional pressure, the ATF backed down. That was YOUR doing.
But now we are faced with something even more dangerous: Federal court precedent.
This is how President Obama has decided to go after YOUR gun rights! He knows that he cannot defeat you up front. He tried that last year and utterly failed. So, he has decided to fight you in the shadows, using his executive orders and Federal bureaucracies to disarm you however possible!
Congress must act! I urge you to Fax Congress and tell them to STOP Barack Obama’s war on ammunition before it is too late! Whether this ban affects you directly or not, the fact that the Obama Administration can prohibit an entire ammunition caliber is unacceptable and a dangerous precedent to set!
Don’t make the mistake and think that King Obama is done trying to take away our Second Amendment rights! He is just starting…
Sincerely,
Joe Otto
Conservative Daily
Source: http://conservative-daily.com/2016/08/13/wow-fed-judge-upholds-obamas-ammunition-ban/
