JUSTICE DRAFT BILL TO BAN THE MANUFACTURE OR IMPORTATION OF CERTAIN ARMOR-PIERCING HANDGUN BULLETS CAPABLE OF PENETRATING THE SOFT BODY ARMOR USED BY MANY LAW ENFORCEMENT OFFICIALS AND CERTAIN HIGH-LEVEL OFFICIALS INCLUDING THE PRESIDENT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90B01370R001101480007-0
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 29
• Document Creation Date: December 21, 2016
• Document Release Date: February 9, 2009
• Sequence Number: 7
• Publication Date: January 30, 1984
• Content Type: MEMO

Approved For Release 2009/02/09: CIA-RDP90BO1370R001101480007-0
EXECUTIVE OFFICE OF THE PRESIDENT -Chrono
OFFICE OF MANAGEMENT AND BUDGET
r
January 30, 1984
LEGISLATIVE REFERRAL MEMORANDUM
TO: Legislative Liaison Officer
Department of the Treasury
Department of Commerce /
Department of Defense
Central Intelligence Agency
Department of State
United States Trade Representative
SUBJECT: Justice draft bill to ban the manufacture or importation of
certain armor-piercing handgun bullets capable of penetrating
the soft body armor used by many law enforcement officials
and certain high-level officials including the President
The Office of Management and Budget requests the views of your
agency on the above subject before advising on its relationship
to the program of the President, in accordance with OMB Circular
A-19.
Please provide us with your views no later than
February 13, 1984.
Direct your questions to Gregory Jones (39'3856), of this office.
Jamn'C. Mute' for`
Assistant Director for
Legislative Reference
Enclosures
cc: M. Uhlmann A. Curtis K. Wilson J. MacRae
K. Collins
Approved For Release 2009/02/09: CIA-RDP90BO1370R001101480007-0
 Approved For Release 2009/02/09: CIA-RDP90BO1370R001101480007-0
Office of Legislative Affairs
26 JAN 4
Honorable David A. Stockman
Director
Office of Management and Budget
Washington, D. C. 20503
Dear Mr. Stockman:
Enclosed for review within the Administration is a draft
legislative proposal to ban the manufacture or importation of
certain armor-piercing handgun bullets capable of penetrating
the soft body armor used by many law enforcement officials and
certain high-level officials including the President.
Background
In early, 1982, news reports on the ability of certain
Teflon-jacketed bullets (the "KTW") to penetrate soft body armor
provoked concern in the law enforcement community. The Depart-
ment of Justice prepared legislation proposing to ban such armor-
piercing handgun ammunition but that legislation was defective
in its attempt to define such ammunition and was never cleared
by OMB.
When then Associate Attorney General Giuliani testified
before the House Subcommittee on Crime on this issue in May of
1982, he proposed legislation to establish minimum-mandatory
penalties for the use of such ammunition during the course of a
.federal crime of violence and indicated.that the Department would
=continue to seek to develop-a definition of armor-piercing -bullets
for use-in a bill to-.ban-such dangerous ammunition. Because the
House Subcommittee on Crime felt that it was not worthwhile to
process a bill restricted to mandatory penalties for the criminal
use of such ammunition, no further action was taken on this
issue in 1982.
In 1983, 'we-included our mandatory penalty proposal in the
President's Comprehensive Crime Control Act of 1983. Also in
early 1983, the Department funded a research effort by the National
Institute of Justice (NIJ) and the National Bureau of Standards
(NBS) to develop a proper definition of armor-piercing bullets for
a bill to ban such ammunition. The NIJ-NBS interim report was
submitted in August and, following further- testing, a final report
was submitted in December.
Approved For Release 2009/02/09: CIA-RDP90BO1370R001101480007-0
 Approved For Release 2009/02/09: CIA-RDP90B01370R001101480007-0
In the meantime, public support for legislation to ban armor-
piercing bullets has grown. Congressman Mario Biaggi has 181
House sponsors for his bill, H.R. 953, which uses a seriously
defective definition of "armor-piercing ammunition." An identi-
cal Senate bill introduced by Senator Moynihan, S. 555, has 17
sponsors. Editorials in the New York Times, Washington Post,
Los Angeles Herald and other newspapers support such legislation
and have criticized the Administration for its failure to support
the Biaggi bill. We have received a number of letters from
State Attorneys General and police groups urging us to endorse
legislation to ban such ammunition.
The Bill
Our technicians believe that the enclosed bill, based on the
new NIJ-NBS test procedure, is a workable and precise proposal.
The "Speaker" letter describes the bill in some detail. It is
felt that major American ammunition manufacturers will not object
to this proposal as it is far preferable, from their perspective,
to the Biaggi and Moynihan bills.
In this regard, the Biaggi-Moynihan bills, if strictly con-
strued, would ban a number of bullets which have legitimate uses.
In fact, those bills would effectively deprive thousands of.citi-
zens of the use of their handguns by banning all bullets manu-
factured for handguns chambered for certain cartridges. Moreover,
the Biaggi-Moynihan bills are so imprecise in defining "armor-
piercing handgun ammunition" that manufacturers and importers
could not be certain whether the ammunition they are producing
or importing is lawful or unlawful. Furthermore, the Biaggi-
Moynihan bill is unclear as to its effect upon the growing number
of State and local armor-piercing bullet laws which pose an
increasing problem for ammunition manufacturers.
We believe our proposal avoids these various problems and
..that it will be well received by the law enforcement community
and ammunition manufacturers alike.
Need for Prompt Action
In view of the strong support in the Congress for prompt
action on armor-piercing bullet legislation, we will appreciate
your expeditious.-revie'w' of the enclosed proposal. In an effort
to facilitate review of the proposal, I am, by copy of this
letter, sending copies of the package to the Department of the
Treasury. In addition to Congressional pressure, the Administra-
tion is being criticized in the press and by police organizations
for our failure to support the Biaggi-Moynihan bills or to offer
Approved For Release 2009/02/09: CIA-RDP90B01370R001101480007-0
 Approved For Release 2009/02/09: CIA-RDP90BO1370R001101480007-0
an alternative. We believe we have now developed a responsible
and prudent alternative to the bills before the Congress and
recommend that this proposal be submitted to the Congress at
the earliest possible date.
Robert A. McConnell
Assistant Attorney General
Enclosures
CC: Assistant Secretary John Walker
U.S. Department of the Treasury
Approved For Release 2009/02/09: CIA-RDP90BO1370R001101480007-0
 Approved For Release 2009/02/09: CIA-RDP90BO1370R001101480007-0
Office of Legislative Affairs
The Speaker
House of Representatives
Washington, D. C. 20515
Dear Mr. Speaker:
Enclosed for your consideration and appropriate reference
is a draft bill, the "Peace Officer Protection Act of 1984", to
"amend title 18, United States Code, to establish criminal sanc-
tions for the manufacture, importation or criminal use of certain
handgun ammunition."
Background
In 1971, a Justice Department employee working with the
Department's technology development program became aware of a
new synthetic fiber, marketed under the trade name "Kevlar",
originally developed for use as a replacement for steel cords
in-automobile tires. Recognizing the potential of this- fiber,
the Department of Justice pioneered the development of a proto-
type vest made from "Kevlar" and, following extensive laboratory
work, conducted field tests of this- new type of body armor in
fifteen cities. Results exceeded expectations. In addition to
offering exceptional ballistics resistance, the new vests were
light, flexible and could be worn unobtrusively under normal
street clothes and uniforms.
By 1975, dozens of manufacturers had entered the body armor
market producing a wide range of soft, lightweight body armor-.
.Because few state or local agencies had the resources to test
:the quali-ty.of such body armor, the National Institute of Justice
of.. th-e .Department -= of-.- Justice, in concert with the National
Bureau of Standards of the Department of Commerce, developed a
'body armor standard published in December of 1978. This standard
established procedures. for testing body armor and created five
different armor categories: Type I, Type.IIA, Type II, Type III
and Type IV. These-.body-armor categories protect against increas-
ing threat levels.~"For example, the Type I armor is the lightest
weight providing protection against designated handgun ammunition
when fired from a distance of five meters under specified condi-
tions; the Type IV armor is the heaviest providing protection
against designated armor-piercing rifle ammunition. Types I,
IIA and II are soft body armor. Types III and IV incorporate
metallic or ceramic materials and are normally used by special
weapons teams in sniper or seige situations.
Approved For Release 2009/02/09: CIA-RDP90BO1370R001101480007-0
 Approved For Release 2009/02/09: CIA-RDP90BO1370R001101480007-0
The focus of this proposed .legislation is the soft body
armor (Types I, IIA, and II) designed to protect wearers against
threats posed by criminals armed with handguns. Surveys have
shown that handguns are the weapons of choice for criminals
representing more than four of every five firearms seized by
police. An estimated 50% of the nation's law enforcement offi-
cials use such soft body armor, primarily due to the efforts of
the Department of Justice and the International Association of
Chiefs of Police, both of which strongly advocate its use. Soft
body armor has saved the lives of an estimated 400 police officers
during the past eight years. We are, therefore, deeply concerned
over the availability of handgun ammunition capable of defeating
soft body armor and have devoted substantial efforts in recent
months to developing an appropriate and workable legislative
remedy to the problem.
Our technicians have known from the beginning that soft body
armor, like all other forms of armor, can be pierced by particu-
lar types of rounds. As noted above, the standards used for
testing different classes of body armor require that the armor
be able to stop specific types of bullets posing particular
threat levels in order to'receive a rating. It is for this rea-
son that body armor is referred to by technicians as "ballistics-
resistant" apparel. The fact that body armor is more commonly
referred to by the public as "bullet-proof" has created the mis-
taken impression that body armor can or should be able to stop
any bullet. Rather, soft, body armor is designed to stop the
most common threats that police officers face.
With this background, experts were not at all surprised- by
a network television news program in early 1982. on the "KTW"
bullet and its ability to penetrate multiple thicknesses of soft
body armor. Our technicians were, however, deeply disturbed
that such information was so widely distributed to the public,
in essence creating a shopping list for criminals.
The-concern of the experts over the publicity surrounding
th:e "KTW"' bullet is two-fold. First, we fear that publicity
surrounding the. availability of ammunition capable of defeating
body armor will encourage assassins and other criminals to search
out these particularly dangerous classes of ammunition to use
in their endeavors. Although our technicians have known about
the "KTW" bullet for.--many years, this and other forms of armor-
piercing ammunition were not felt to constitute a substantial
threat because most criminals are not so sophisticated as to
realize that the protection afforded by body armor is limited
and that there are varieties of ammunition available which will
penetrate it. The conclusion that armor-piercing rounds posed
only a minimal threat was difficult to fault as we are unaware
of any instance in which an armor-clad police officer has been
-. 2 -
Approved For Release 2009/02/09: CIA-RDP90BO1370R001101480007-0
 Approved For Release 2009/02/09: CIA-RDP90B01370R001101480007-0
shot with armor-piercing handgun ammunition. Now, however, the
publicity surrounding the "KTW" bullet has, in our view, increased
the likelihood of such attacks.
Our second concern over the publicity is that it has, we
believe, encouraged a fatalistic attitude among police officers
resulting in reduced use of body armor. In this regard, although
the new soft body armor is comfortable to wear by comparison with
earlier types of armor, it is a constant problem for police
administrators to ensure that body armor issued to officers is
indeed worn. Too often, officers to whom body armor was issued
have been killed or severely wounded because the armor was left
in a dressing room locker or the trunk of a squad car. Continu-
ing publicity about the availability of armor-piercing handgun
ammunition, together with the absence of any effective statutory
safeguards, has caused some police officers to decide that it
is useless to wear their armor when ammunition is available on
the streets that will defeat the armor. This indirect effect of
armor-piercing handgun ammunition could result in more deaths
and crippling injuries than the actual use of armor-piercing
bullets against officers wearing body armor. In short, we believe
it is important to let the law enforcement officers of the nation
know that measures are being taken to prevent the criminal use
of armor-piercing ammunition. In addition to banning the manu-
facture or importation of unreasonably dangerous handgun ammuni-
tion and providing increased sanctions for the criminal use of
ammunition capable of penetrating armor, legislation in this
area will, we believe, have the effect of encouraging law
enforcement officers to wear body armor issued to them.
Efforts to Develop Workable and 'Appropriate Legislation
In early 1982, the.Department of Justice commenced work on
legislation to ban certain armor-piercing ammunition. Our initial
efforts produced a draft bill very similar to H.R. 953 and other
bills currently pending before the Congress. Careful review of
these proposals, however, revealed that they were overbroad in
their reach inadvertently : banning -ammunition with legitimate
-recreati*onal-uses. In-fact, early proposals would have inadvert-
.ently'deprived thousands of citizens of the use of their firearms
by banning all -ammunition being manufactured for certain handguns.
Moreover, our early efforts at a legislative definition of "armor-
piercing" bullets were imprecise with the result that they did
not give 'adequate notice to manufacturers and importers as to
precisely which bullets are legal and which are prohibited.
H.R. 953 and other similar bills now before the Congress suffer
from these same grave defects.
With respect to creating criminal sanctions for the criminal
use of armor-piercing handgun ammunition, absolute precision is
not necessary as law enforcement officials will normally be in
possession of both the suspect ammunition and the handgun in which
it was loaded thereby facilitating testing to ensure that the
- 3 -
Approved For Release 2009/02/09: CIA-RDP90B01370R001101480007-0
 Approved For Release 2009/02/09: CIA-RDP90B01370R001101480007-0
ammunition is armor-piercing when fired from the weapon in pos-
session of the felon. We were able, therefore, to propose legis-
lation in 1982 to establish minimum-mandatory penalties for the
use of armor-piercing ammunition during the course of a federal
crime of violence. This proposal was included as Title XIV, Part
E of the Comprehensive Crime Control Act of 1983 submitted to
the Congress by the President on March 16, 1983 and introduced
as S. 829 and H.R. 2151.
Because of the lack of a proper definition of "armor-pierc-
ing" ammunition, we funded a research project in early 1983,
carried out by the Department's National Institute of Justice
(NIJ) and 'the National Bureau of Standards (NBS) to develop
a precise definition of "armor-piercing handgun ammunition."
After review of preliminary research results in August, further
testing was - conducted and a final test procedure submitted in
December of 1983. Based upon this test procedure, we have de-
veloped and are submitting the enclosed draft bill.
The Test Procedure
The test procedure itself is a "complete" one in that it
recognizes that the penetration potential of ammunition cannot
be precisely evaluated without reference to the system from which
it is fired. Barrel length, the type of handgun used (i.e.,
pistol or revolver), the tolerances to which the weapon is manu-
factured, and the amount of wear to which the weapon has been
subjected affect the velocity at which projectiles emerge from
weapons. The test procedure, therefore, provides for firing of
test ammunition from test fixtures used by manufacturers to
develop ballistics tables and to test velocity of ammunition.
Detailed written standards exist for these test fixtures. Further-
more, rather than using layers of "Kevlar" as the test medium,
the NIJ test procedure provides for use of a series of aluminum
plates to determine penetration. Metal plate is much more uni-
form than fabric in its composition and penetration resistance
.and thus yields more precise and predictable results. The use
of metal plates. rather than fabric as the test medium also re-
duces costs.associated-with performing penetration tests.
With respect to the penetration levels established by the
proposed bill, these conform to the new armor standard currently
being developed by NIJ.and NBS which will establish a new Type
ILIA soft body armor-:' `To draw the line at a lower level would
result in banning popular handgun ammunition with legitimate
recreational uses, a result we do not believe is justifiable
under the circumstances. In effect, the proposed legislation
would not ban any handgun ammunition currently being produced
for sale to the public by the three major American ammunition
manufacturers: Remington, Olin-Winchester, or Federal. It would,
Approved For Release 2009/02/09: CIA-RDP90B01370R001101480007-0
 Approved For Release 2009/02/09: CIA-RDP90BO1370R001101480007-0
however, ban the "KTW", 1/ some other specialty handgun cartridges
manufactured by small American manufacturers, and a number of
types of foreign-made handgun ammunition being imported into
the United States. Because of our desire to avoid creating a
"shopping list" for criminals, we cannot, in this public letter,
identify those bullets which would be banned. We will be pleased
to brief Members of Congress in detail, however, so that this
information can be furnished on a confidential basis. In short,
we believe the proposal appropriately and accurately distinguishes
between legitimate handgun cartridges and those which pose an
unreasonable danger to law enforcement officers. Again, as
mentioned, the proposed penetration limit is consistent with
the new Type ILIA armor standard now being developed so that
police departments which desire to purchase body armor capable
of defeating all legal handgun ammunition will be able to do so
in the near future...
Section-by-Section. Summary
Section 1. This section provides that this bill may be
referred to as the "Peace Officer Protection Act of 1.984" reflect-
ing that the sole purpose of the proposal is to protect law
enforcement officers who. wear soft body armor.
Section 2. This section creates a new section 929 of title
18 setting out the ban on manufacture or importation of armor-
piercing handgun ammunition and incorporates by reference the
test procedure developed by NIJ and NBS.
The bill provides felony sanctions of imprisonment for up
to five years and a fine of up to $50,000 for the manufacture or
importation of handgun ammunition which the manufacturer or
importer knows exceeds the penetration limits of the test stand-
ard. This is not to say that manufacturers and importers are
entitled to operate without bothering to test the ammunition
they are making or importing and thus avoid the reach of the new
section. On. the contrary, the testing of ammunition and the
application of established quality control standards are important
and persons engaged in the business of manufacturing or import-
ing ammunition -must adhere to such procedures as a cost of doing
business. It is anticipated that the provisions of NIJ Standard
100-84 and acceptable' standards concerning sampling will be
published in the Federal Register and made available to manu-
1/ The "KTW" is produced in a number of different calibers, some
of which are of such limited velocity that they do not exceed
the new penetration standard.
5 -
Approved For Release 2009/02/09: CIA-RDP90BO1370R001101480007-0
 Approved For Release 2009/02/09: CIA-RDP90BO1370R001101480007-0
facturers and importers by the Department of Justice. 2/ A
showing that a particular manufacturer or importer had received
a copy of the test and sampling standards but had not followed
them would constitute strong evidence that the violation was
"knowing."
On the other hand, quality control in ammunition manufacture
is such that an occasional "hot" round will be produced or im-
ported, the velocity, and hence the penetration characteristics
of which, will be significantly greater than normal. It is not
the intention of the legislation to require any changes in ammu-
nition manufacturing or quality control procedures or to penalize
the manufacturer or importer of such a "hot" round under the new
section provided the bullet can be shown to have come from a
lot tested or sampled according to the standard published by the
Department of Justice.
Subsection (b) sets out an exemption from the Act for ammuni-
tion produced for military or law enforcement use.
Subsection (c) sets out a procedure by which handgun ammuni-
tion that exceeds the penetration limitations of NIJ Standard
100-84 in the care, custody, or control of manufacturers of im-
porters can be civilly forfeited to the United States. The
forfeiture provision would apply whether or not the manufacturer
of importer knew the bullets in question exceeded the NIJ Stand-
ard. The purpose of section 929 is to protect law enforcement
officers and others who wear body armor. From the officers'
perspective, an armor-piercing round. is just as much of a threat
2/ We anticipate that the test and sampling standards will pro-
vide in essence that ammunition is not in violation if:
(1) a random sample of the ammunition in question was
.tested. pursuant to the_ procedures set out in NIJ Report_ 100-84
and that no more than.-ten-percentum of the rounds tested exceeded
the penetration Limitations of 18 U.S.C. 929; or
(2) the ammunition, although not from a lot tested for pene-
tration, was
(A) manufactured pursuant to written specifications
identical to those governing the manufacture of ammunition
which has been tested and found not to exceed the limita-
tions of 18 U.S.C. 929, and
(B) standard velocity tests of such ammunition yielded
results averaging not more than fifty. feet per second greater
than for the lot which was tested for penetration.
- 6 -
Approved For Release 2009/02/09: CIA-RDP90BO1370R001101480007-0
 Approved For Release 2009/02/09: CIA-RDP90BO1370R001101480007-0
if produced or imported accidentally or without knowledge that it.
was prohibited as is a round produced, or imported in deliberate
defiance of the NIJ Standard. Consequently, the forfeiture sub-
section is designed to prevent armor-piercing bullets from enter-
ing the channels of commerce. It should, however, be underscored
that the forfeiture provisions, like the rest of the section,
only apply to manufacturers and importers, not-to individuals or
dealers. Nothing in the section makes it illegal for any indi-
vidual to possess or even sell an armor-piercing round nor could
the United States seize such a round from anyone other than a
manufacturer or importer. Rather, the criminal penalty and civil
forfeiture provisions of the section are both designed to prevent
additional armor-piercing handgun ammunition from coming onto the
market and becoming readily available to criminals.
As for the forfeiture provision itself, subsection (c) pro-
vides that the procedures applicable under the customs laws are
equally applicable here with the 'provision that the Department
of Justice may designate persons to fulfill seizure and forfei-
ture responsibilities instead of customs officers. An important
feature of the customs forfeiture provisions which is carried
into subsection (c) is the ability of persons (here the manu-
facturers or importers) whose property has been seized to file
a petition for remission or mitigation of the forfeiture. Such
petitions are filed with the Attorney General. The decision to
grant or reject a petition is based on whether the person whose
property has been seized intended to violate the law and on his
degree of care in trying to comply. For example, a manufacturer
who made a good faith effort to comply but who had nevertheless
produced rounds that exceeded the penetration limits could well
have the ammunition returned to him if he could show that it
would be segregated from his other stock and sold only to police
and military departments.
Subsection (d) authorizes the Attorney General--to seek an
injunction to prevent the manufacture or importation of pro-
hibited ammunition. This authority could be exercised in cir-
cumstances where there As no "knowing" violation of the Act.
Subsection-'((e) defines the terms "handgun ammunition" and
"armor-piercing handgun ammunition". The term "handgun ammuni-
tion" is defined as that ammunition manufactured for use in
firearms originally designed to be fired by the use of a single
hand. Because. someammunition can be fired either from handguns
or rifles, the definition provides that the Attorney General
shall publish a list of handgun cartridges; this list will in-
clude all common handgun calibers (e.&., .25 auto, .32 auto, .38
special, 9 mm .357 and .44 magnum, etc.) so that the list itself
will not be of aid to the criminal element by identifying which
ammunition is armor-piercing. It will, however, provide notice
to manufacturers and importers as to what is "handgun" ammunition
as opposed to rifle ammunition. In case of dispute, the Attorney
- 7 -
Approved For Release 2009/02/09: CIA-RDP90BO1370R001101480007-0
 Approved For Release 2009/02/09: CIA-RDP90BO1370R001101480007-0
General should refer to the best available statistics on private
firearms in this country; if he-concludes that there are more
handguns than rifles chambered for a particular type of ammuni-
tion, that ammunition shall be deemed "handgun" ammunition for
purposes of this section. The definition of "armor-piercing hand-
gun ammunition" specifies the number of aluminum plates which
equal the resistance of the new Type ILIA armor standard.
Subsection (f) provides for enforcement of this Act by the
Department of Justice reflecting the Department's primary role
in the development of soft body armor and its resulting responsi-
bility to protect against manufacture or importation of handgun
ammunition-constituting an unreasonable menace to those who use
soft body armor. It is anticipated that no increase in resources
will be required for this enforcement role as the Act will be
largely self-policing. Major American manufacturers, for example,
have demonstrated a highly responsible approach. to this problem
and in 1982 voluntarily ceased production of armor-piercing hand-
gun rounds. Occasional "spot checks" of domestic manufacturers
and importers will, we believe, be sufficient to achieve com-
pliance with the ban. To the extent that the ban applies to
"hand loaders", past experience does not give us reason to expect
a significant enforcement problem and no effort to "spot check"
handloaders is contemplated. Rather, we would expect to investi-
gate individual handloaders only to the extent that information
comes to our attention evidencing that 'a particular individual
is producing prohibited ammunition.
Subsection (g) makes clear that this statute would supersede
State laws purporting to ban the manufacture, importation, or
sale of handgun ammunition based on penetration capability.
State laws now in existence are ineffective. Some lack a mean-
ingful definition of what is prohibited and thus may fail to
give manufacturers, importers, dealers and users adequate notice
as to what is prohibited. Others attempt to ban ammunition based.
upon the composition of the projectile used in the ammunition,
-.thus reaching only one of the combination of factors affecting
penetration.- .
In short,,-this area is such a narrow one and the need for
uniformity so great that we are strongly of the view that any
federal legislation in the area must be applied to the exclusion
of inconsistent state or local laws. Because we believe existing
state laws on. the-?-subject are defective in any event, superseding
them with this statute will not have any adverse effect upon law
enforcement or the safety of law enforcement officers. It will,
however, free legitimate manufacturers and dealers from a' host
of conflicting and vague state and local regulations. Of course,
this provision would not apply to state or local laws designed
to regulate firearms or ammunition on some basis other than armor-
penetration capability and is not intended to take any position
- 8 -
Approved For Release 2009/02/09: CIA-RDP90BO1370R001101480007-0
 Approved For Release 2009/02/09: CIA-RDP90BO1370R001101480007-0
with respect to state or local laws such as that involved in
Quilici v. Village of Morton Grove, 69.5 F.2d 261 (7th Cir. 1982).
Moreover, this provision would not prevent states or local govern-
ments from passing laws consistent with the federal law, e.g.,
establishing state or local sanctions for the manufacture, impor-
tation, sale or possession of ammunition which is banned by
federal law.
Section 3 of the bill would add a new ? 930 to title 18 to
establish a minimum-mandatory sentence of five years for the use
of certain armor-piercing ammunition during the course of a
federal crime of violence. While the ban on production and
importation in 4 929 conforms to the new Type ILIA armor standard
now being developed -- the heaviest soft body armor -- we propose
that minimum-mandatory sentences be imposed for criminal use of
handgun ammunition capable of penetrating Type I armor -- the
lightest soft body armor, i.e. ammunition capable of penetrating
one plate when tested pursuant to NIJ Report 100-84. In essence,
4 930 would punish the criminal use of, high-power handgun
ammunition which has legitimate uses but which constitute a
serious threat to the safety of law enforcement officers when
used during the course of a crime. The proposed 3 930 is similar
to Part E, Title XIV of the President's Comprehensive Crime
Control Act of 1983 except that it draws the line, for purposes
of imposition of minimum-mandatory sentences, at the Type I
rather than Type IIA level and provides for testing against
aluminum plate rather than soft body armor. We believe this new
section 930 will serve to deter the use of high-power handgun
ammunition during the course of federal crimes of violence.
Section 4 conforms the analysis at the beginning of Chapter
44, title 18, to reflect the two new sections.
Section 5 conforms section 927 of title 18 to reflect the
addition of the two new sections.
In conclusion, it should be noted that consideration was
-given to -expanding proposed new section 929 to include a ban on
sales- or- simple. possession of armor-piercing handgun ammunition.
Such-coverage was rejected, however, as dealers and users have
no means of assessing the penetration characteristics of ammuni-
tion. Moreover, because bullets do not bear individual serial
numbers, any attempt to ban the sale or simple possession of
armor-piercing bullets would be virtually unenforceable. Finally,
because ammunition-exceeding the penetration levels of the new
standard are in existence and were legal when manufactured or,
imported, any effort to ban the sale or possession of such ammu-
nition would raise questions as to the rights of owners, under
the Due Process ..Clause, to reimbursement for financial losses
that would result from banning- the sale or possession of such
Approved For Release 2009/02/09: CIA-RDP90BO1370R001101480007-0
 Approved For Release 2009/02/09: CIA-RDP90BO1370R001101480007-0
ammunition which was lawful when manufactured or imported. Again,
in view of the fact that we are unaware of any instance in which
an armor-clad officer has been attacked with armor-piercing
handgun ammunition, we believe that the ban on manufacture and
importation, together with the minimum-mandatory sanctions for
criminal use during the course of a federal crime of violence,
constitute a prudent and effective response to the problem facing
us.
The Office of Management and Budget has advised this Depart-
ment that there is no objection to the submission of this proposal
from the standpoint of the Administration's program.
Sincerely,
Robert A. McConnell
Assistant Attorney General
Enclosures
- 10 -
Approved For Release 2009/02/09: CIA-RDP90BO1370R001101480007-0
 Approved For Release 2009/02/09: CIA-RDP90B01370R001101480007-0
A BILL
To amend title 18, United States Code, to establish criminal
sanctions for the manufacture, importation or criminal use of
certain handgun ammunition.
Be it enacted by the Senate and House of Representatives of
United States of America in Congress assembled, That this Act may
be cited as the "Peace Officer Protection Act of 1984."
Sec. 2. (a) Chapter 44 of title 18 of the United States Code
is amended by addinga new section 929 as follows:
"S 929. Prohibited armor-piercing handgun ammunition
"(a) Whoever knowingly manufactures or imports armor-pierc-
ing handgun ammunition shall be punished by a fine of not more
than $50,000, or imprisonment for not more than five years, or
both.
"(b) The provisions of this section do not apply to the
manufacture or importation of armor-piercing handgun ammunition
for sale to a Federal, State or local law enforcement agency for
use by officers thereof authorized to carry firearms, for sale
to a component of the Armed Forces of the United States for use
by: the' members thereof-, or for research activities authorized by
the Attorney General, provided that the manufacture or importa-
tion of the handgun ammunition is pursuant to a written order
submitted by such 'law enforcement agency or component of the
Armed Forces.
"(c)(1) Any armor-piercing handgun ammunition in the care,
custody, or control of a manufacturer or importer shall be sub-
ject to forfeiture to the United States, except in cases where
Approved For Release 2009/02/09: CIA-RDP90B01370R001101480007-0
 Approved For Release 2009/02/09: CIA-RDP90BO1370R001101480007-0
the handgun ammunition has been manufactured or imported for the
purpose specified in subsection (b) of this section.
"(2) The provisions of law relating to the seizure, summary
and judicial forfeiture, and condemnation of property for viola-
tion of the customs laws; the disposition of such property or the
proceeds from the sale thereof; the remission or mitigation of
such forfeitures; and the compromise of claims shall apply to
seizures and forfeitures incurred, or alleged to have been in-
curred under the provisions of this section, insofar as appli-
cable and not inconsistent with the provisions hereof; except that
such duties as are imposed upon the customs officer or any other
person with respect to the seizure and forfeiture of property
under the customs laws shall be performed with respect to seizures
and forfeitures of property under this section by such officers,
agents, or other persons as may be authorized or designated for
that purpose by the Attorney General.
"(d) Whenever there is reason to believe that any person
is engaged or is about to engage in the manufacture or importa-
--tion of armor-piercing handgun ammunition, the Attorney General
may initiate a civil -proceeding in a district court of the United
States to 'enjoin such manufacture or importation. The court shall
proceed as soon as practicable to the hearing and determination
of such an action.and may, at any time before final determination,
enter such a restraining order or prohibition, or take such other
action as is warranted to prevent a continuing and substantial
danger to the public. A proceeding under-this section is govern-
ed by the Federal Rules of. Civil Procedure, except that, if an
-. 2 -
Approved For Release 2009/02/09: CIA-RDP90BO1370R001101480007-0
 Approved For Release 2009/02/09: CIA-RDP90BO1370R001101480007-0
indictment has been returned against the respondent, discovery
is governed by the Federal Rules of Criminal Procedure.
"(e)(1) As used in this section and section 930, the term
'handgun ammunition' means ammunition manufactured or imported
primarily for use in a pistol, revolver or other firearm origi-
nally designed 'to be fired by the use of a single hand. The
Attorney General shall publish a list of the various types of
handgun ammunition. If his review indicates that there are in
the United States more privately held handguns than long guns
chambered for such ampunition, he shall designate such ammunition
as 'handgun ammunition' for purposes of this section.
"(2) As used in this section, the term 'armor-piercing hand-
gun ammunition' means that handgun ammunition which, when tested
in accordance with the procedure specified in NIJ Report 100-84,
perforates
."(A) five (5) or more plates of the test target if the
ammunition is of 3550 caliber (nominal 9mm) or less; or
"(B) seven (7) or more plates of the test target if the
ammunition is of greater than 3550 caliber.
."(f) The detection and investigation of offenses in viola-
tion of this section shall be the responsibility of the Attorney
General and persons designated by him.
"(g) Any state law or local ordinance purporting to restrict
the manufacture, importation, sale or possession of handgun
ammunition based' upon its penetration capability and' which is
inconsistent with the provisions of this section shall be null
and void.".
- 3 -
Approved For Release 2009/02/09: CIA-RDP90BO1370R001101480007-0
 Approved For Release 2009/02/09: CIA-RDP90BO1370R001101480007-0
(b) The table of sections for chapter 44 of title 18, United
States. Code, is amended by adding at the end thereof the follow-
ing:
"4'929. Prohibited armor-piercing handgun ammunition.".
Sec. 3. (a) Chapter 44 of title 18, United States Code, is
amended by adding at the end thereof the following:
"S 930. Criminal use of high-power handgun ammunition
"(a) - Whoever, during and in relation to the commission of
a Federal crime of violence including a crime of violence which
provides for an enhanced punishment if committed by the use of a
deadly or dangerous weapon or device for which he may be prose-
cuted in a court of the United States, uses or carries any hand-
gun loaded with high-power handgun ammunition as defined in
subsection (b), shall, in addition to the punishment provided
for the commission of such crime of violence be sentenced to a
term of imprisonment of not less than five nor more than ten
years. Notwithstanding any other provision of law, 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.
terms of imprisonment including that imposed for the felony in
which the armor-piercing handgun ammunition was used or carried.
No person sentenced under this subsection shall be. eligible for
parole during the term of imprisonment imposed herein.
"(b) For purposes of this section --
Approved For Release 2009/02/09: CIA-RDP90BO1370R001101480007-0
 Approved For Release 2009/02/09: CIA-RDP90BO1370R001101480007-0
"(1) 'high-power handgun ammunition' means handgun ammu-
nition which, when tested in accordance with the procedure
specified in NIJ Report 100-84, perforates one (1) or more
plates of the test target; and
"(2) 'crime of violence' means --
"(A) an offense that has as an element the use,
or threatened use of physical force against the per-
son or property of another, or
"(B) any other offense that is a.felony and that,
by its nature, involves a substantial risk that physi-
cal force against the person or property of another may
be used in the course of committing the offense.".
(b) The table of sections for chapter 44 of title 18, United
States Code, is amended by adding at the end thereof the follow-
ing:
"930. Criminal use. of high-power handgun ammunition.".
Sec. 4. The analysis at the beginning of chapter 44 of
title 18 is amended by adding at the end thereof the following:
"929. Prohibited armor-piercing handgun ammunition.
"930. Criminal use of high-power handgun ammunition.".
Sec. 5. Section 927 of title 18 is amended by striking out
the phrase: "No provision of this chapter" where it appears at
the beginning thereof and inserting in lieu thereof: "Except as
provided in section 929 with respect to the manufacture or impor-
tation of handgun ammunition,. no provision of this -chapter".
5 -
Approved For Release 2009/02/09: CIA-RDP90BO1370R001101480007-0
 U.S. U~-;-..rt,,,r,tt erJu.;i.r Approved For Release 2009/02/09: CIA-RDP90B01370R001101480007-0 as
ln.;i;utc of Justice a.,~
Cly,ce if Ur-r:opnrr,u? li sri,rg. and DiS:crr1:inutirnr
~5. ~. :~.. :. .~~.Y_Y%... ~..~.5~.'vi'1.i?[.ti`4~?:.`...L:n:~:....~..'7:?,.+:~::~,f~.,y.'~J~"-.. r~h~`~>!.. ~' ?._ ~.
_'u f. y v1~+?'.::c~'~:i?'?..~i-'!'>:i-:3:r:t.:?:#.Y?vur_?..,a ~...T:~..J?i"i:?~::+Y''. ...'vu-i: :~'vS~~
TEST PROCEDURE FOR 7 IU1OR .PIERCING HANDGUN AI?iMUN _ ION
NIJ REPORT 100-84
~ ,~rt~~-ram of the NI afion;,l i,mt:ti:14~ c~z , t:.;fice
Approved For Release 2009/02/09: CIA-RDP90B01370R001101480007-0
 Approved For Release 2009/02/09: CIA-RDP90B01370R001101480007-0
The Technolcciy Asscss;rcnt Program is sponscYed by the Office
of Development, Tc^t.incj , and Dissemination of th3 National
Institute of Justice` (NIJ) , U.S. Department of Justice. The
proararn responds to the rn indate of the Justice Syste-n Improvement
Act of 1979 ; whidh' created NIJ? and directed 'it ?to encourage
research and develoI:-gent to improve the criminal justice system
and to disseminate rile results to Federal, State, and local
agencies. -
The Technology Assessment Program is an applied research
effort that deterlnires the technological needs of justice system
agencies), sets nini.aum performance standards for specific devices,
tests commercially available equipment against those standards,
and disseminates the standards and the test results to criminal
justice agencies nationwide and internationally.
The program operates through:
The Technology Assessment Program Advisory Council (TAPAC)
consisting of nationally recognized crirninai justice practitioners
from Federal, State, and local agencies,.which assesses
technological needs and sets priorities for research programs and
items to be evaluated and-tested.
The Law Enforcement Standards Laboratory (LESL) at the'
National Bureau oc Standards, -liicli dE-,~e~ops voluntary National
performance standards for compliance testing to ensure that
individual items of cquipnrnnt are suitable for use by criminal
justice agencies. Ti:t standards- are based upon laboratory testing
and evaluation of rc- ~sentative samples of each item of equipment
to determine the key., -'..tributes , develop test methods, and
establish minimum p:.. ormance requirements for each. essential
attribute. In addit:...:i to the highly technical standards, LESL
also produces user gu: