S.397


Protection of Lawful Commerce in Arms Act

I thought I was losing my mind or at least some of it when I was reading this bill (passed July 29, 2005 by a two to one margin of 65-31). Some parts of this bill are good for a painful titter such as this found under Section 2 (a)

(2) The Second Amendment to the United States Constitution protects the rights of individuals, including those who are not members of a militia or engaged in military service or training, to keep and bear arms.
---- Check your local state and see just how confounded this RIGHT is to exercise. Better yet, ask the voice of experience - Rick Stanley

Then I found this in Section 2 (b)

(5) To protect the right, under the First Amendment to the Constitution, of manufacturers, distributors, dealers, and importers of firearms or ammunition products, and trade associations, to speak freely, to assemble peaceably, and to petition the Government for a redress of their grievances.


Huh? I wonder where the Senate has been when We The People has diligently asked them to redress our grievances with the income tax? And where the hell was our well meaning Senate when WTP filed a class action law suit against the U.S. government on our behalf? Or, is it only firearms manufacturers, distributors, dealers, and importers who get a "shot" at 'a redress of their grievances' now?

I read on further and I fully understand wanting to protect firearms manufacturers, dealers against unjust lawsuits and I am all for further protecting children - well - call me crazy but this next section told me EVERYTHING I needed to know about where this bill was REALLY headed. Actually, it DIDN'T tell me everything as I will explain later. WATCH OUT gun owners!

In Section 6 ARMOR PIERCING AMMUNITION we find:

a) Unlawful Acts- Section 922(a) of title 18, United States Code, is amended by striking paragraphs (7) and (8) and inserting the following:

(7) for any person to manufacture or import armor piercing ammunition, unless--

(A) the manufacture of such ammunition is for the use of the United States, any department or agency of the United States, any State, or any department, agency, or political subdivision of a State;

(B) the manufacture of such ammunition is for the purpose of exportation; or

(C) the manufacture or importation of such ammunition is for the purpose of testing or experimentation and has been authorized by the Attorney General;

(8) for any manufacturer or importer to sell or deliver armor piercing ammunition, unless such sale or delivery--

(A) is for the use of the United States, any department or agency of the United States, any State, or any department, agency, or political subdivision of a State;

(B) is for the purpose of exportation; or

(C) is for the purpose of testing or experimentation and has been authorized by the Attorney General;'.

(b) Penalties- Section 924(c) of title 18, United States Code, is amended by adding at the end the following:

(5) Except to the extent that a greater minimum sentence is otherwise provided under this subsection, or by any other provision of law, any person who, during and in relation to any crime of violence or drug trafficking crime (including a crime of violence or drug trafficking crime that provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) for which the person may be prosecuted in a court of the United States, uses or carries armor piercing ammunition, or who, in furtherance of any such crime, possesses armor piercing ammunition, shall, in addition to the punishment provided for such crime of violence or drug trafficking crime or conviction under this section--

(A) be sentenced to a term of imprisonment of not less than 15 years; and

(B) if death results from the use of such ammunition--

(i) if the killing is murder (as defined in section 1111), be punished by death or sentenced to a term of imprisonment for any term of years or for life; and

(ii) if the killing is manslaughter (as defined in section 1112), be punished as provided in section 1112.'.

(c) Study and Report-

(1) STUDY- The Attorney General shall conduct a study to determine whether a uniform standard for the testing of projectiles against Body Armor is feasible.

(2) ISSUES TO BE STUDIED- The study conducted under paragraph (1) shall include--

(A) variations in performance that are related to the length of the barrel of the handgun or center-fire rifle from which the projectile is fired; and

(B) the amount of powder used to propel the projectile.

(3) REPORT- Not later than 2 years after the date of enactment of this Act, the Attorney General shall submit a report containing the results of the study conducted under this subsection to--

(A) the chairman and ranking member of the Committee on the Judiciary of the Senate; and

(B) the chairman and ranking member of the Committee on the Judiciary of the House of Representatives.

Passed the Senate July 29, 2005.

You see, Section 6 of S397 doesn't seem offensive until you examine it closely. Nowadays, there are far to many holes in the anti-terrorism and other potential rights-altering bills coming out of Congress. It scares the hell out of me what these bills DON'T explain and who they DON'T SPECIFICALLY seek to protect -- namely you and me. Hmmmmmm, now let's see here (and by all means, correct me if I'm wrong).

NOTE: To view this bill -

[1] Click on HERE, then in search box enter"S397", click on "Enter bill number" and then click on Search button.

[2] Find the link "S.397.ES" and click on it.

[3] Navigate to Section 6 and read through it FIRST!

Are there not some standard rounds that will pierce body armor, vests?

Say "Yes".

Did you note how the creepy little AG, Alberto R. Gonzales (NWOer), will decipher which weapons and ammo will pierce body armor (as if they don't already know)? Will they be asking/forcing us to turn the named guns over to them? Or am I just being an alarmist?

Now, read the Definitions in Section 4 of S397. Do you see definitions of the terms "armor piercing ammunition" or "body armor"?

Say "No".

But I will bet you that creepy AG Gonzales will define them within the next two years (within Bush' regime) and who the hell knows what those definitions will be. Body armor may end up to be that flannel shirt you're wearing! Probably not but I don't trust this "missing link"s. It gives the government - no actually one man - way too much power - and he's a confidante and collaborator for and with Bush! You might just find that a whole list of your guns will soon be illegal.

Oh but don't forget that while body armor piercing ammo and firearms are too good for you, they are perfectly OK for your government to use on you. See Section 6.

I urge everyone to read through this bill in its entirety, write your senators and congressperson and demand that they rewrite the bill to include safeguards for the common Citizen and to definitively define body armor and armor piercing ammo. Leaving THAT decision up to one guy is NOT OK! I doubt that more than a mere handful of senators even know what is in the entire bill let alone what important pieces are missing. Either way, this bill needs to be rewritten.

Hey, if I'm just crazy or being stupid, please email me or call me to let me know!