Second Amendment Foundation Authorizes Court Action If .223 Ammo Ban Is Implemented

556 Ball Ammo Ban
Second Amendment Foundation Authorizes Court Action If .223 Ammo Ban Is Implemented
Second Amendment Foundation
Second Amendment Foundation

BELLEVUE, WA –-( The Second Amendment Foundation has authorized court action if the proposed ban on .223-caliber ammunition is implemented by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the foundation’s general counsel has warned in a letter to BATFE Director B. Todd Jones.

Writing for SAF, general counsel Miko Tempski tells Jones, “This proposal is just an attempt to limit firearms rights because the President’s other such attempts have been blocked through constitutional checks and balances on his power.

“Should the BATFE lawlessly proceed on this path,” Tempski warns, “SAF intends to call on those checks and balances to stop the Administration’s executive overreach again.”

Tempski’s three-page letter dissects the BATFE proposal, noting repeatedly that M855 ammunition at the center of this controversy “is not armor piercing pursuant to the definition in the statute.” The federal provisions requires that a cartridge fire a “full jacketed projectile large than .22-caliber designed and intended for use in a handgun…,” or to otherwise be fit for use in a handgun and have a core “entirely constructed” form a specific list of non-lead metals to be prohibited.

Tempski explained that the M855 round does not meet either of these criteria. He said the first definition, “fails immediately as the 5.56 x 45 mm round is not designed and intended for use in a handgun,” and he questioned the ATF’s honesty with regard to the second definition, noting that a “small tip of steel making up less than 1/6th of the projectile” cannot be used to claim the bullet or its core are “entirely” steel.

“The proposed framework,” he writes, “intends to define the intended purpose of ammunition based on the availability of certain types of handguns made for it. Such a circular definition is highly illogical in any context.”

The comment period remains open through March 16. People may submit comments to:

  • Email: [email protected]
  • Fax: (202) 648-9741.
  • Mail: Denise Brown, Mailstop 6N-602, Office of Regulatory Affairs, Enforcement Programs and Services, Bureau of Alcohol, Tobacco, Firearms, and Explosives, 99 New York Avenue, NE, Washington, DC 20226: ATTN: AP Ammo Comments.

The Second Amendment Foundation is ( the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.

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Kenneth Stansbury

The proposed Ammo Ban is to lessen the effectiveness of The American People’s ability to combat Tyranny by the United States Government. Armed Americans well united could also play a major role in the defense of our country in the event of any attacks inside our borders. Why would anyone want to disarm or lessen the power of such a potential force that could help protect this great nation, unless there is a fear of American’s protecting their own country from the Tyranny that we seem to be facing from this present administration. My apologies to the ones who are… Read more »


This act may also spawn possible black market manufacturing and sale of this and variants of the M855 ball ammunition.

Nomwn Ignotus

Please note : .223 ammunition uses powder designed to burn in a 16 inch barrel …handgun ammunition has to burn in a barrel usually 5 inches or less …thus if a .223 is fired in a “handgun” a very large part of the burn will occur outside of the barrel ..thus reducing the velocity of a very light weight projectile …reducing its effectiveness dramatically …probably to the point where it is less than effective for many purposes including armour penetration …

Bill Butler

Isn’t a “happyclinger” something found in yesterdays underware?


Not to be a jerk, but the Constitution authorizes court action, not the SAF. Let’s keep everything in perspective, please.


everything this administration has done has gone to court. this is dangerous. as the aca went to the highest court
yesterday the decision of 4, yes 4 of 9, was already known. meaning they are voting with a closed mind.
2016 cannot get here quick enough for me.


THIS is why I give $$$ to SAF instead of the NRA! Let the NRA haters hate but I am dirt poor at the moment and if I got $25-$50 to give to a 2nd Amendment defender (my annual charity budget), it will go to the SAF who actually DEFENDED my rights in court cases (McDonald, Heller, to start!) and didn’t squander it soliciting for MORE money or over-bloated CEO pay! Defend LaPierre all you want but to put his salary put toward a team of lawyers to file and challenge cases in court got a lot more done than… Read more »


Well done atf , by trying an unlawful arbitrary ban you have opened the door to multiple lawsuits , ( Including Class Action ) a review and RESTORATION of other ammunition , such as 7N6 / or older bi-metal 762×39 as well as a full considering of the 1968 GCA – in light of Heller and other decisions. KEEP IT UP !! Like the Man said ” We have them right where we want them “