Ammunition ban shelved for the moment
The Bureau of Alcohol, Tobacco, Firearms and Explosives is, for the moment, backing away from a change that would have resulted in a ban on the manufacture, import and distribution of 5.56mm “green-tip” ammunition.
The bureau issued a proposed change to its rule-making framework Feb. 13. The change in rules, while not directly or explicitly banning the popular ammunition, would have resulted in the removal of its exemption as a sporting-use ammunition. Public outcry to the perceived end-run around the Second Amendment forced the agency to shelve the proposal.
“In light of the overwhelming interest in this issue – we received a letter signed by more than 200 congressmen and congresswomen and another from several senators as well as public comments – we’ve closed the comment period and are taking time to look into these concerns,” said bureau spokesperson Ginger Colburn.
Montana Shooting Sports Association President Gary Marbut isn’t celebrating just yet, expecting the issue to come down from the shelf again.
“This thing is like Dracula, it’s going to keep coming back and keep coming back and keep coming back,” he said. “Right now it’s just in limbo, it’s only on a shelf. How hard it is to dust it off and bring it back? It doesn’t have a wooden stake through its heart just yet.”
Marbut sees the issue as a problem with administrative authority. As long as the Bureau of Alcohol, Tobacco, Firearms and Explosives has the authority to determine exemptions to the 1986 Gun Control Act under the sporting-purposes rule, they have the ability to ban almost any type of ammunition.
Under current rules, any ammunition able to be fired from a handgun and defined as armor-piercing is illegal. The agency has the authority to grant exemptions from that ban in cases in which the ammunition is used for sporting purposes.
Marbut says that authority is too broad, allowing the agency to run roughshod over the Second Amendment by banning ammunition used in popular rifles.
Marbut’s suggestion is for Congress to remove that authority from the agency by removing the sporting purpose language altogether and by requiring that any ammunition or weapons bans be approved by Congress, not made by administrative decree.
Marbut’s fear of the issue being revisited could be justified. Colburn said because the issue at hand isn’t a specific exemption, but a rule-making change, public comment and input isn’t necessary. While the proposal is on the shelf for the moment, it can be revisited later, without any comment or input.
Sen. Steve Daines, through spokeswoman Alee Lockman, echoed the same sentiment.
“This is not the first, nor the last, time that the Obama administration will work to limit Montanans’ Second Amendment rights. We too believe that the ATF has just “shelved” the proposal, and will continue keeping pressure on the ATF to fully drop the proposed rule,” she said.
Colburn confirmed those fears, saying the bureau could revive the change at any time and without a public process.
“No public comment period was required, nor will one be required if we revisit this,” she said. “This was a proposed change to our framework for decisions, not the issuance of a specific exemption.”
The future of the proposed change is uncertain, especially in light of changes at the top of the bureau. B. Todd Jones, the agency’s director, announced his retirement March 20, with an effective date of March 31. A press release from the bureau indicated Jones was leaving to pursue opportunities in the private sector.
Deputy Director Thomas E. Brandon will assume the role of Acting Director April 1, serving in the role until a permanent replacement is appointed.