Quoted:
If anyone is still looking for any after dropping our reps a letter, there is some American Eagle XM855 still in stock at the Shackelford Walmart for about 48cpr.

BATFE does not have any statutory authority to prohibit civilian distribution or possession of U.S. M855 specification cartridges under 18 U.S.C. 921 (a) (17) (B), regardless of any ‘sporting purpose’ determination.  Nor does BATFE have any statutory authority to prohibit civilian distribution or possession of NATO STANAG 4172 specification cartridges under 18 U.S.C. 921 (a) (17) (B), again regardless of any ‘sporting purpose’ determination.  The statutory language supposedly authorizing such a prohibition, cited by Denise Brown on Page 3 of the BATFE text titled “ATF FRAMEWORK FOR DETERMINING WHETHER CERTAIN PROJECTILES ARE “PRIMARILY INTENDED FOR SPORTING PURPOSES” WITHIN THE MEANING OF 18 U.S.C. 921 (a) (17) (C)”, reads:

(B) The term “armor piercing ammunition” means -

a projectile or projectile core which may be used in a handgun and which is constructed entirely(excluding the presence of traces of other substances) from one or a combination of tungsten alloys, steel, iron, brass, bronze, beryllium copper, or depleted uranium; or
a full jacketed projectile larger than .22 caliber designed and intended for use in a handgun and whose jacket has a weight of more than 25 percent of the total weight of the projectile.
I have highlighted the words ‘constructed entirely’ for a reason which will become clear.

The projectile specified in M855 specification ammunition, U.S. Army TACOM ARDEC Drawing 9342869, has a combined steel and lead metal core. 18 U.S.C. 921 (a) (17) (B) (i) applies only to projectile cores:

….constructed entirely (excluding the presence of traces of other substances) from one or a combination of tungsten alloys, steel, iron, brass, bronze, beryllium copper, or depleted uranium….

The core of the M855 projectile is not constructed entirely of steel, nor is the steel in the core of the M855 projectile combined with “tungsten alloys, steel, iron, brass, bronze, beryllium copper, or depleted uranium”. Rather, the steel in the projectile core of TACOM ARDEC Drawing 9342869 bullet is at the front of a lead metal component. These two components together, both within the projectile jacket, constitute the M855 projectile core. You can confirm this combination by reviewing U.S. Army TACOM ARDEC Drawing 9349656, which establishes the engineering requirements for the M855 projectile core.

Please note the English language definition of the adverb ‘entirely’, as taken from Merriam-Webster:

Definition of ENTIRELY

1 : to the full or entire extent : completely <I agree entirely> <you are entirely welcome>

2 : to the exclusion of others : solely <entirely by my own efforts>

By any correct reading of the English language, the core of the M855 projectile is not composed entirely of steel, or a combination of steel with any of the other metals specified in 18 U.S.C. 921 (a) (17) (B) (i).

18 U.S.C. 921 (a) (17) (B) (ii) applies only to projectiles larger than .22 caliber, designed and intended for a handgun, so the jacket weight percentage of the .22 caliber M855 projectile is not legally relevant to a determination of the M855 cartridge’s status as ‘armor piercing ammunition’. Also MIL-C-63989C (AR), the U.S. Army specification covering M855 cartridges, does not mention handguns. Further, the gas port pressure requirements established in Section 3.10.3 of MIL-C-63989C (AR) constructively exclude the ‘AR Type handguns’ cited in Denise Brown’s text as an application for M855 cartridges.

Before an 18 U.S.C. 921 (a) (17) (C) ‘sporting purposes’ exemption can be considered, BATFE must establish that the projectiles in M855 cartridges are indeed subject to ‘armored piercing ammunition’ regulation under 18 U.S.C. 921 (a) (17) (B). BATFE has not made this case, nor can BATFE make this case without abusing the clear statutory language.

Please withdraw Denise Brown’s “ATF FRAMEWORK FOR DETERMINING WHETHER CERTAIN PROJECTILES ARE “PRIMARILY INTENDED FOR SPORTING PURPOSES” WITHIN THE MEANING OF 18 U.S.C. 921 (a) (17) (C)” and terminate any further efforts to prohibit civilian possession or distribution of M855 projectiles and/or cartridges.  Please extend all of these comments to cover any and all cartridges conforming to NATO STANAG 4172, which are functionally and constructively identical to U.S. Army M855 cartridges.

Dear Rustler:

Thank you for contacting me regarding a recent report issued by the Gun Owners of America that the Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE) is proposing to reclassify certain rifle ammunition.  It's good to hear from you, as always.

Like you, I support a citizen's right to bear arms, a right enshrined in the Second Amendment of our Constitution.  As a combat veteran of Iraq and Afghanistan, my soldiers and I kept our rifles and guns within arms' reach because of a fundamental truth: at critical moments, your life depends on being armed and ready to defend yourself.  And I know our Founders recognized that all law-abiding citizens have that same right here at home.

As you know, the BATFE is considering a change to the "sporting exemption" for certain ammunition commonly used with the AR-15, which would effectively ban its use.  Since 1986, the GCA has prohibited the importation of armor piercing ammunition unless it is destined for government use or testing.  Like you, I have concerns with this proposal since this ammunition has been widely used for sporting purposes for many years.

I would encourage you to register your concerns with the BATFE by March 16, 2015, to the email: [email protected], or via their website.  In addition, should relevant legislation come before the Senate, I will keep your views in mind regarding the BAFTE proposal banning certain types of ammunition.  Please be assured that I will do all that I can to oppose any executive action that violates your constitutional rights.

I hope you will continue to keep me informed of your opinion; a well-functioning republic depends on active citizens to inform their elected representatives of issues of concern and to hold elected officials accountable.  I'm always grateful to hear from my fellow citizens on matters of public policy.  These communications can be both insightful and useful as I work to represent you, and I hope that you will continue to keep me informed of your opinions.

I am truly honored to serve as your Senator; please know that your interests and affairs have my unceasing attention.  Always feel free to call my office at (202) 224-2353 or visit www.cotton.senate.gov.  

Sincerely,

Tom Cotton
United States Senator