If your read what the BATFE put out, instead of articles about what people think the BATFE is doing,
yes, they have already made the decision.
When they banned the 5.45 7N6, they were asked what their guidelines were,
so, they wrote them up and put them out.
Read them here:
http://www.atf.gov/sites/default/files/assets/Library/Notices/atf_framework_for_determining_whether_certain_projectiles_are_primarily_intended_for_sporting_purposes.pdf
This is not a proposal, it is their framework.
I understand that it's 17 pages long, so most are not interested enough to actually read it.
The BATFE considered M855 AP ammo back in 1986, but gave it an exemption, they are now removing the exemption.
They can always reverse this and re-instate the exemption, but I doubt they have any interest in doing this.
If you read page 15, the public comments they are requesting are not whether they should remove the exemption or not,
but:
ATF is specifically soliciting comments on how it can best implement withdrawal of this exemption while minimizing disruption to the ammunition and firearm industry and maximizing officer safety.
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Obummer could never get this through Congress, but as he said, he has a phone and a pen.
He called the BATF just like he called the FCC.
Simply put, we are now at a point where the .gov can govern without the consent of the governed.
and also, IBTL.