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Text of Senator Larry Craig's Ammo Ban Amendment

Text of Senator Larry Craig's Ammo Amendment

by Angel Shamaya
Director@KeepAndBearArms.com

February 27, 2004

On Thursday (February 26, 2004), NRA Director Sen. Larry Craig introduced an amendment (Sen. Amendt 2625) that addresses access to "armor piercing" ammunition. He's a co-sponsor of the amendment -- and the sponsor of the bill he's amending, the Protection of Lawful Commerce in Arms Act.

The text of Sen. Craig's amendment is now available online. You can click here to read the Government Printing Office's .pdf file. The following link is where we've published it, for permanence: http://KeepAndBearArms.com/laws/CraigSA2625.pdf

The text of the Craig-Frist Ammo Amendment is appended below, for ease of access:

Craig/Frist Amendment (Sen. Amendt. 2625)
Introduced as amendment to Protection of Lawful Commerce in Arms Act
Submitted February 26, 2004

SEC. 5. ARMOR PIERCING AMMUNITION.

(a) UNLAWFUL ACTS.--Section 922(a) of title 18, United States Code, is amended by striking paragraphs (7) and (8) and inserting the following:

``(7) for any person to manufacture or import armor piercing ammunition, unless--

``(A) the manufacture of such ammunition is for the use of the United States, any department or agency of the United States, any State, or any department, agency, or political subdivision of a State;

``(B) the manufacture of such ammunition is for the purpose of exportation; or

``(C) the manufacture or importation of such ammunition is for the purpose of testing or experimentation and has been authorized by the Attorney General.

``(8) for any manufacturer or importer to sell or deliver armor piercing ammunition, unless such sale or delivery--

``(A) is for the use of the United States, any department or agency of the United States, any State, or any department, agency, or political subdivision of a State;

``(B) is for the purpose of exportation; or

``(C) is for the purpose of testing or experimentation and has been authorized by the Attorney General.''.

(b) PENALTIES.--Section 924(c) of title 18, United States Code, is amended by adding at the end the following:

``(5) Except to the extent that a greater minimum sentence is otherwise provided under this subsection, or by any other provision of law, any person who, during and in relation to any crime of violence or drug trafficking crime (including a crime of violence or drug trafficking crime that provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) for which the person may be prosecuted in a court of the United States, uses or carries armor piercing ammunition, or who, in furtherance of any such crime, possesses armor piercing ammunition, shall, in addition to the punishment provided for such crime of violence or drug trafficking crime or conviction under this section--

``(A) be sentenced to a term of imprisonment of not less than 15 years;

``(B) if death results from the use of such ammunition--

``(i) if the killing is murder (as defined in section 1111), be punished by death or sentenced to a term of imprisonment for any term of years or for life; and

``(ii) if the killing is manslaughter (as defined in section 1112), be punished as provided in section 1112.''.

(c) STUDY AND REPORT.--

(1) STUDY.--The Attorney General shall conduct a study to determine whether a uniform standard for the uniform testing of projectiles against Body Armor is feasible.

(2) ISSUES TO BE STUDIED.--The study conducted under paragraph (1) shall include--

(A) variations in performance that are related to the length of the barrel of the handgun or centerfire rifle from which the projectile is fired; and

(B) the amount of powder used to propel the projectile.

(3) REPORT.--Not later than 2 years after the date of enactment of this Act, the Attorney General shall submit a report containing the results of the study conducted under this subsection to--

(A) the chairman and ranking member of the Judiciary Committee of the Senate; and

(B) the chairman and ranking member of the Judiciary Committee of the House of Representatives.

For those who would like to go see exactly how the amendment -- if accepted, passed and signed into law -- would affect federal law, here are direct links to make it nice and easy for you.

U.S. Code: Title 18, Section 922 -- U.S. Code: Title 18, Section 924

I stand by my original concerns over Sen. Craig's initial statements, given by him as he was introducing his AP ammo amendment. It is my opinion that rather than trying to amend bad law, Sen. Craig should be trying to repeal it. Furthermore, I still oppose this Craig-Frist amendment. Murder is murder -- whether it be with a gun, a knife or your bare hands. Murder by AP ammo is no worse than murder by any other ammo. Demonizing one type of ammo over another is as wrong as demonizing one type of gun over another. An extra 15 years imprisonment over the type of ammo one uses to commit a violent crime is stupid, and surely unconstitutional if we stick to original intent.

 

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 QUOTES TO REMEMBER
The provision in the Constitution granting the right to all persons to bear arms is a limitation upon the power of the Legislature to enact any law to the contrary. The exercise of a right guaranteed by the Constitution cannot be made subject to the will of the sheriff. [People vs. Zerillo, 219 Mich. 635, 189 N.W. 927, at 928 (1922)]

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