ATT-TACTICAL™ATT-Tactical- Serving Warfighters and Crimefighters since 1985
US Dept. of State  ITAR / DDTC Registered  Manufacturer  / DUNS 96-648-0345  / CAGE 3BNS6
NYS Vender ID # 1000034176  / NJS Vender ID # 13262250 / GML 103
NYS Explosives Mfgr / Dealer  §478.99(d) Armor Piercing Ammunition
FAR, FAR2 and SOP 00 11 -Compliant  / WAWF - Compliant / IPP - Compliant  / BAA & TAA Compliant
Defense Contractor since 1994
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Ammunition, Small Arms, Large Arms & Armor-Piercing

FEDERAL EXCISE TAX EXEMPT - This is only a partial listing of ammunition available in case lots / Pallet lots ! Do to volatility in the market, any quotes we provide are only good and valid until the end of business on the day provided. Inventory rapidly expands and contracts and we have made a substantial  investment in standing inventory yet there are no guarantees of availability.
NO DEALER / NO INDIVIDUAL SALES WHATSOEVER!   
New York State Ammunition Reseller License #34902
Small Arms Ammunition: Law Enforcement Agency Distributor for Multiple Manufacturers - Let us quote your next Bid.
Large Arms Ammunition: Contract manufacture of ammunition 20mm and up. We are a Destructive Device Type 10 Manufacturer. We specialize in 40mm rounds.

Armor-Piercing Ammunition: Law Enforcement Agency Distributor for Multiple Manufacturers - Let us quote your next Bid. Pallet Lots only 9mm Lugar / 5.56x45 / 7.62x51 / .300wm / .338 Lapua / .50 BMG / 12ga

[ahr-mer-peer-sing] adjective 1. (of bullets, artillery shells, etc.) designed especially for piercing armor. Origin 1895-1900

The regulations on armor piercing ammo are among the strangest of the federal firearms regulations.
The first is that AP ammo is rather odd in its definition.
The ATF defines it as handgun ammunition, but there’s a catch. If any handgun has ever been made in a specific caliber, then ATF considers that the AP ammo regulations then apply to that caliber. That’s why you can’t buy AP ammo for cartridges like 7.62×39 and several others. The 5.56x45NATO is specifically exempted from this, even though there are pistols made for it. It’s perfectly legal to possess, purchase, sell or shoot armor piercing ammunition (State & Local Laws would apply). It’s not legal to manufacture or import armor piercing ammunition.
-In order to manufacture AP rounds, you have to hold a type 10 FFL (18 USC sec. 922(a)(7)).
-In order to import AP rounds, you have to hold a type 11 FFL (18 USC sec. 922(a)(7)). If you hold either one of these FFLs, it’s not legal to sell or export AP rounds, except to military, law enforcement (18 USC sec. 922(a)(8)). In addition, if you hold a type 06-08 FFL (manufactures of firearms, importers of firearms, manufactures of ammunition), then you also may not sell AP rounds to the general public.

For regular type 01-03 FFL holders, you may sell or deliver AP ammunition, but it must be entered into the Acquisition and Disposition Record (bound book). So if you have any AP rounds in your possession, that’s ok. But it’s been illegal to manufacture or import new ammunition that’s transferable to ordinary citizens for quite some time, and for the most part, it’s generally unavailable, and certainly not in any significant quantity for most calibers.

Of course, there are also various state restrictions. Pennsylvania prohibits KTW ammunition. NJ and NY have additional restrictions on AP ammo.

27 CFR § 478.37 Manufacture, importation and sale of armor piercing ammunition. No person shall manufacture or import, and no manufacturer or importer shall sell or deliver, armor piercing ammunition, except: (a) The manufacture or importation, or the sale or delivery by any manufacturer or importer, of armor piercing ammunition for the use of the United States or any department or agency thereof or any State or any department, agency or political subdivision thereof; (b) The manufacture, or the sale or delivery by a manufacturer or importer, of armor piercing ammunition for the purpose of exportation; or (c) The sale or delivery by a manufacturer or importer of armor piercing ammunition for the purposes of testing or experimentation as authorized by the Director under the provisions of § 478.149. [T.D. ATF-270, 53 FR 10494, Mar. 31, 1988]

BATFE-SS109~M855

KTW Corp. Products 1986

ATF FRAMEWORK FOR DETERMINING WHETHER

CERTAIN PROJECTILES ARE "PRIMARILY INTENDED FOR SPORTING PURPOSES"
WITHIN THE MEANING OF 18 U.S.C. 921(a)(17)(C)

To protect the lives and safety of law enforcement officers from the threat posed by ammunition capable of penetrating a protective vest when fired from a handgun, the Gun Control Act of 1968 (GCA), as amended, prohibits the import, manufacture, and distribution of "armor piercing ammunition" as defined by the statute.

 The GCA, however, allows for the exemption of ammunition that would otherwise be considered armor piercing if the Attorney General determines that the specific ammunition at issue is "primarily intended to be used for sporting purposes." Interpreting the meaning of this statutory language, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has developed a framework that will apply to requests
seeking a determination that certain projectiles qualify for this "sporting purpose" exemption. The framework is intended to uphold the requirements of the statute and its goal of protecting law enforcement while respecting the interests of sportsmen and the industry. This notice is provided to ensure that the regulated industry and members of the public understand the statute and relevant legislative history, and have an opportunity to review and provide comments or suggestions on the proposed framework.
It is important to note that only projectiles that meet the statutory definition of "armor piercing" – i.e., those made out of the specific listed materials that may be used in a handgun – are subject to the statutory restrictions. As a result, manufacturers are, and will continue to be, free to manufacture projectiles from non-restricted materials, completely independent of the application of this framework or any exemptions. ATF will accept comments for 30 days from the date this notification, which will be considered prior to finalizing the framework.

I. BACKGROUND:

Framework for Deciding Sporting Purpose Ammunition pursuant to 18 USC 921(a)(17)

The Attorney General is responsible for enforcing the Gun Control Act of 1968 (GCA), as amended, 18 U.S.C. Chapter 44.
He has delegated that responsibility to the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), subject to the direction of the Attorney General and the Deputy Attorney General. 28 CFR 0.130(a).

The GCA provisions defining and governing armor piecing ammunition were originally enacted in the Law Enforcement Officers Protection Act of 1986 (P.L. 99-408) ("LEOPA"). The primary goal of the LEOPA provisions regarding armor piecing ammunition was the protection of police officers from death or injury as the result of the criminal use of handgun ammunition capable of penetrating protective vests (soft body armor).

II. LEOPA LEGISLATIVE HISTORY

Ammunition capable of penetrating body armor was originally designed and manufactured primarily for military and law enforcement applications, not for use by the general public. By the late 1970’s, however, law enforcement organizations began to voice concern that armor piercing ammunition was readily available to the general public and posed extreme safety risks to police officers when used by criminals. Over the next several years, Congress debated various bills to both define and limit the availability of ammunition capable of penetrating body armor.

The early bills on the issue included a performance standard – i.e., the ammunition at issue must be capable of penetrating body armor – and applied only to handgun ammunition. In a hearing on one of these early bills, Senator Moynihan made clear that the intent of the bill was to ban only ammunition that both met the performance standard and was designed to be used in a handgun:

Framework for Deciding Sporting Purpose Ammunition pursuant to 18 USC 921(a)(17)

[L]et me make clear what this bill does not do. Our legislation would not limit the availability of standard rifle ammunition with armor-piercing capability. We recognize that soft body armor is not intended to stop high powered rifle cartridges.
Time and again Congressman Biaggi and I have stressed that only bullets capable of penetrating body armor and designed to be fired from a handgun would be banned; rifle ammunition would not be covered.

Hearings, Senate Committee on the Judiciary, 98th Congress, 2d Session, May 17, 1984. 30-31. (Senator Moynihan) (emphasis added).
Accordingly, under the original bills, if the manufacturer of the ammunition "designed [it] to be fired from a handgun" and it was "capable of penetrating body armor", then it would meet the definition of "armor piercing." If the manufacturer designed and intended the ammunition to be used in rifles (or if it was not capable of penetrating body armor), it would not meet the definition.

When LEOPA was finally passed by Congress in 1986, however, the final bill did not include a performance-based standard, or limit the definition of armor piercing ammunition to ammunition "designed" for use in a handgun. Instead, the definition has two alternatives: the first focuses on the composition of the ammunition, and whether it "may be used" in a handgun; the second focuses on size, jacket weight, and the design and intention for the ammunition. Specifically, the definition of "armor piercing ammunition" in 18 U.S.C. 921(a)(17)(B) provides:

(B) The term "armor piercing ammunition" means—

(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.

Framework for Deciding Sporting Purpose Ammunition pursuant to 18 USC 921(a)(17)

Although the design and intention for the ammunition is relevant to the second alternative definition, the first alternative contains no such limitation.
In fact, during the final vote on LEOPA, Congress specifically rejected an amendment that would have limited the definition of armor piercing ammunition to ammunition "intended" to be used in a handgun, thereby exempting "standard rifle ammunition."
As a result, rather than limiting the definition to the manufacturer’s "design" or "intent," the final bill passed by Congress clearly expanded the definition of armor piercing ammunition to include any ammunition containing the specified metal content "which may be used in a handgun."
This definition has remained unchanged since enactment of LEOPA in 1986.

Senator Steven Symms introduced Amendment 1644, proposing to define "armor piercing ammunition" as a solid projectile made of the specified metals and "intended for use in a handgun." 132 Cong Rec S 2135.

In adopting a definition of armor piercing ammunition that included ammunition that "may" be used in a handgun, 18 U.S.C. 921(a)(17)(B)(i), Congress expressly sought to protect law enforcement officers from the effects of a projectile that, although originally intended for a rifle, could be fired from a handgun. Accordingly, under the first of the two alternative definitions enacted into law, all projectiles meeting the metal content criteria that "may be used in a handgun" are defined as "armor piercing ammunition" under the statute.

LEOPA also contains an exemption provision applicable to ammunition which otherwise falls within the definition of armor piercing, but which the Attorney General determines to be "primarily intended to be used for sporting purposes." 18 U.S.C. 921(a)(17)(C).
LEOPA did not further define the terms "primarily intended" or "sporting purposes." As noted, the Attorney General has delegated the authority to make "sporting purposes" determinations to the Director

The federal ban on armor-piercing pistol ammunition uses only the composition of the bullet's core to determine legality.
However, many individual states have legislation restricting various kinds of coating materials.
For example: North Carolina state law specifically forbids persons in that state to "import, manufacture, possess, store, transport, sell, offer to sell, purchase, offer to purchase, deliver or give to another, or acquire any Teflon-coated bullet".
Teflon-coated bullets are illegal in Oklahoma under some circumstances. Oregon state law forbids the possession of any handgun ammunition, the bullet or projectile of which is coated with Teflon" while committing or intending to commit a felony.
 South Carolina state law specifically bans "ammunition or shells that are coated with polytetrafluoroethylene (Teflon)".
 Virginia state law specifically bans "bullets, projectiles or other types of ammunition that are: coated with or contain, in whole or in part, polytetrafluoroethylene (Teflon) or a similar product" while committing or attempting to commit a crime.
 Pennsylvania state law provides that "It is unlawful for any person to possess, use or attempt to use a KTW Teflon-coated bullet or other armor-piercing ammunition while committing or attempting to commit" certain enumerated "crime[s] of violence".
 New York State defines such in P.L. §265 
18. "Armor piercing ammunition" means any ammunition capable of being used in pistols or revolvers containing a projectile or projectile core, or a projectile or projectile core for use in such ammunition, that is constructed entirely (excluding the presence of traces of other substances) from one or a combination of any of the following: tungsten alloys, steel, iron, brass, bronze, beryllium copper, or uranium. 
 265.01 Criminal possession of a weapon in the fourth degree: 
(8)  He possesses any armor piercing ammunition with intent to use the same unlawfully against another.

 

       


Applied Tactical Technologies, Inc. PO Box 268, Babylon NY 11702-0268 USA (800)223-1204

ATT-TACTICAL™ DOES NOT SELL TO OR DEAL WITH THE CIVILIAN MARKET, INDIVIDUALS, OR FFL DEALERS.
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