98TH CONGRESS

2D SESSION

H. R. 5844

To amend chapter 44, title 18, United States Code, to regulate the manufacture and importation of armor piercing ammunition.

IN THE HOUSE OF REPRESENTATIVES

JUNE 13, 1984

Mr. FISH (for himself, and Mr. MICHEL) introduced the following bill; which was referred to the Committee on the Judiciary

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A BILL

To amend chapter 44, title 18, United States Code, to regulate

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the manufacture and importation of armor piercing ammunition.

Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That section 921(a)(17) of title 18 of the United States Code 4 is redesignated as section 921(a)(17)(A), and a new subpara5 graph (B) is added to section 921(a)(17) to read as follows: "(B) The term ‘armor piercing ammunition' means solid

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7 projectiles and projectile cores constructed from tungsten 8 alloys, steel, iron, brass, bronze, beryllium copper, or deplet9 ed uranium. The term shall not include shotgun shot required 10 by Federal or State environmental or game regulations for

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1 hunting purposes, frangible projectiles designed for target 2 shooting or any projectile designed for target shooting or any 3 projectile which the Secretary finds is primarily intended to 4 be used for sporting purposes. The term 'solid' in the first 5 sentence of this subparagraph means made entirely from one 6 or more of the substances specified therein, but may include 7 the presence of trace elements of other substances.".

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SEC. 2. Section 922(a) of title 18 of the United States

9 Code is amended by adding after paragraph (6) the following: "(7) for any person to manufacture or import armor piercing ammunition, except that this paragraph shall not apply to (A) the manufacture or importation of armor piercing ammunition for the use of the United States or any department or agency thereof or any

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State or any department, agency, or political subdivi

sion thereof, or (B) the manufacture of armor piercing ammunition for the sole purpose of exportation.".

SEC. 3. Subparagraph (A) of section 923(a)(1) of title 18

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"(A) of destructive devices, ammunition for de

structive devices or armor piercing ammunition, a fee

of $1,000 per year;".

SEC. 4. Subparagraph (C) of section 923(a)(1) of title 18

24 of the United States Code is amended to read as follows:

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"(C) of ammunition for firearms, other than ammunition for destructive devices or armor piercing am

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SEC. 5. Subparagraphs (A) and (B) of section 923(a)(2)

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"(A) of destructive devices, ammunition for destructive devices or armor piercing ammunition, a fee

of $1,000 per year; or

"(B) of firearms other than destructive devices or ammunition for firearms other than destructive devices, or ammunition other than armor piercing ammunition,

a fee of $50 per year.".

SEC. 6. Section 924(c) of title 18 of the United States 15 Code is amended (a) by striking the period at the end of para16 graph (2) and adding in lieu thereof a comma and the word 17 "or" and (b) by adding a new paragraph (3) to read as fol18 lows:

“(3) during and in relation to the commission of a violent felony uses or carries a firearm and is in possession of armor piercing ammunition capable of being

fired in that firearm shall, in addition to the punish

ment provided for the commission of such felony, be sentenced to a term of imprisonment for not less than

five years. Notwithstanding any other provision of law,

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the court shall not suspend the sentence of any person

convicted of a violation of this subsection, nor place

him on probation, nor shall the term of imprisonment run concurrently with any other term of imprisonment, including that imposed for the felony in which the armor piercing ammunition was used or carried. No person sentenced under this subsection shall be eligible for parole during the term of imprisonment imposed herein. For the purpose of this paragraph, the term violent felony means (A) a felony (which may be prosecuted in a court of the United States) that has as an

element, the use, attempted use, or threatened use of physical force against the person or property of an

other, or (B) any other felony (which may be prosecuted in a court of the United States) that, by its nature involves a substantial risk that physical force against the person or property of another may be used in the course of its commission.".

SEC. 7. The amendments shall take effect on the date of 20 enactment of this Act, except that sections 3, 4, and 5 shall 21 take effect on the first day of the first calendar month which 22 begins more than ninety days after the date of the enactment 23 of this Act.

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98TH CONGRESS 2D SESSION

H.R.5845

To amend chapter 44 of title 18, United States Code, to regulate the manufacture and importation of armor piercing ammunition.

IN THE HOUSE OF REPRESENTATIVES

JUNE 14, 1984

Mr. BROOKS (for himself, Mr. DINGELL, Mr. WRIGHT, Mr. MICHEL, Mr. COELHO, Mr. FOLEY, Mr. LOTT, Mr. VANDER JAGT, Mr. FORD of Michigan, Mr. CONTE, Mr. SHARP, Mr. CRAIG, Mr. MURTHA, Mr. RITTER, Mr. SAM B. HALL, JR., Mr. WEBER, Mr. DANIEL, Mr. McGRATH, Mr. RICHARDSON, Mr. STUMP, Mr. Montgomery, Mr. PASHAYAN, Mr. CARR, Mr. HUNTER, Mr. TRAXLER, Mr. KEMP, Mr. MOLLOHAN, Mr. KASICH, Mr. ROSE, Mr. BILIRAKIS, Mr. BREAUX, Mr. SHAW, Mr. KILDEE, Mr. MARTIN of New York, Mr. COLEMAN of Texas, Mr. RUDD, Mr. PATMAN, Mr. BURTON of Indiana, Mr. TAUZIN, Mr. RIDGE, Mr. VOLKMER, Mr. HARTNETT, Mr. LUKEN, Mr. SCHAEFER, Mr. SLATTERY, Mr. HANSEN of Idaho, Mr. OBEY, Mrs. JOHNSON, Mrs. LLOYD, Mr. WALKER, Mr. DYSON, Mr. COURTER, Mr. FAZIO, Mr. McCAIN, Mr. MURPHY, Mr. EMERSON, Mr. FIELDS, Mrs. VUCANOVICH, Mr. RITTER, Mr. SPENCE, MS. FIEDLER, Mr. PETRI, Mr. VALENTINE, Mr. NIELSON of Utah, Mr. CORCORAN, Mr. SAWYER, Mr. STANGELAND, Mr. ALBOSTA, Mr. ROTH, Mr. MACK, Mr. MORRISON of Washington, Mr. BEDELL, Mr. FISH, Mr. MURPHY, Mr. FORD of Tennessee, Mr. MARLENEE, Mr. SWIFT, Ms. KAPTUR, Mr. BRYANT, Mr. RAHALL, and Mr. HERTEL of Michigan) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend chapter 44 of title 18, United States Code, to regulate the manufacture and importation of armor piercing ammunition.