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H.R. 3132 (99th): Law Enforcement Officers Protection Act of 1985


The text of the bill below is as of Aug 28, 1986 (Passed Congress).


100 STAT. 920                    PUBLIC LAW 99-408—AUG. 28, 1986
                  Public Law 99-408
                  99th Congress
                                                     An Act ^^c^»
  Aug. 28, 1986   To amend chapter 44, of title 18, United States Code, to regulate the manufacture,
   [H.R. 3132]        importation, and sale of armor piercing ammunition, and for other purposes.

                     Be it enacted by the Senate and House of Representatives of the
Arms and          United States of America in Congress assembled, That section
munitions.        921(a)(17) of title 18 of the United States Code is redesignated as
                  section 921(a)(17)(A), and a new subparagraph (B) is added to section
                  921(a)(17) to read as follows:
                     "(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 sub-
                  stances) from one or a combination of tungsten alloys, steel, iron,
                  brass, bronze, beryllium copper, or depleted uranium. Such term
                  does not include shotgun shot required by Federal or State environ-
                  mental or game regulations for hunting purposes, a frangible projec-
                  tile designed for target shooting, a projectile which the Secretary
                  finds is primarily intended to be used for sporting purposes, or any
                  other projectile or projectile core which the Secretary finds is in-
                  tended to be used for industrial purposes, including a charge used in
                  an oil and gas well perforating device.".
                     SEC. 2. Section 922(a) of title 18 of the United States Code is
                  amended—
                          (a) by striking out "and" at the end of paragraph (5);
                          (b) by striking out the period at the end of paragraph (6) and
                       inserting in lieu thereof a semicolon; and
                          (c) by adding after paragraph (6) the following:
                          "(7) for any person to manufacture or import armor piercing
                       ammunition, except that this paragraph shall not apply to—
                                "(A) the manufacture or importation of such ammunition
                             for the use of the United States or any department or
                             agency thereof or any State or any department, agency, or
                             political subdivision thereof;
Exports.                        "(B) the manufacture of such ammunition for the purpose
                             of exportation; and
Research and                    "(C) any manufacture or importation for the purposes of
development.                 testing or experimentation authorized by the Secretary;
                             and
                          "(8) for any manufacturer or importer to sell or deliver armor
                       piercing ammunition, except that this paragraph shall not
                       apply to—
                                "(A) the sale or delivery by a manufacturer or importer of
                             such ammunition for use of the United States or any
                             department or agency thereof or any State or any depart-
                             ment, agency, or political subdivision thereof;
Exports.                        "(B) the sale or delivery by a manufacturer or importer of
                             such ammunition for the purpose of exportation;

PUBLIC LAW 99-408—AUG. 28, 1986 100 STAT. 921 "(C) the sale or delivery by a manufacturer or importer of Research and such ammunition for the purposes of testing or experiment- development. ing authorized by the Secretary.". SEC. 3. Subparagraph (A) of section 923(aXl) of title 18 of the United States Code is amended to read as follows: "(A) of destructive devices, ammunition for destructive de- vices or armor piercing ammunition, a fee of $1,000 per year;". SEC. 4, Subparagraph (C) of section 923(a)(1) of title 18 of the United States Code is amended to read as follows: "(C) of ammunition for firearms, other than ammunition for destructive devices or armor piercing ammunition, a fee of $10 per year.". SEC. 5. Subparagraphs (A) and (B) of section 923(aX2) of title 18 of the United States Code are amended to read as follows: "(A) of destructive devices, ammunition for destructive de- vices or armor piercing ammunition, a fee of $1,000 per year; or "(B) of firearms other than destructive devices or ammunition for firearms other than destructive devices, or ammunition other than armor piercing ammunition, a fee of $50 per year.". SEC. 6. Section 923(e) of title 18, United States Code, is amended by Ante, p. 453. inserting after the first sentence the following: "The Secretary may, after notice and opportunity for hearing, revoke the license of a dealer who willfully transfers armor piercing ammunition.". SEC. 7. Section 923 of title 18, United States Code, is amended by adding at the end thereof the following: "(k) Licensed importers and licensed manufacturers shall mark all armor piercing projectiles and packages containing such projectiles for distribution in the manner prescribed by the Secretary by regulation. The Secretary shall furnish informa- tion to each dealer licensed under this chapter defining which projectiles are considered armor piercing ammunition as de- fined in section 921(a)(17)(B).". SEC. 8. Section 929 of title 18 of the United States Code is Ante, p. 460. amended— (1) in subsection (a)— (A) by striking out "violence including" and inserting "violence (including" in lieu thereof; (B) by striking out "device for" and inserting "device) for" in lieu thereof; (C) by striking out "uses or carries any handgun" and all that follows through "subsection (b)" and inserting in lieu thereof "uses or carries a firearm and is in possession of armor piercing ammunition capable of being fired in that firearm"; (D) by striking out "nor more than ten"; and (E) by striking out the last two sentences; and (2) so that subsection (b) reads as follows: "(b) Notwithstanding any other provision of law, the court shall Law not suspend the sentence of any person convicted of a violation of enforcement this section, nor place the person on probation, nor shall the and crime. terms of imprisonment run concurrently with any other terms of imprisonment, including that imposed for the crime in which the armor piercing ammunition was used or possessed. No person sen- tenced under this section shall be eligible for parole during the term of imprisonment imposed herein.". SEC. 9. The amendments made by this Act shall take effect on the Effective date. date of enactment of this Act, except that sections 3, 4, and 5 shall 18 u s e 921 note.
100 STAT. 922 PUBLIC LAW 99-408—AUG. 28, 1986 take effect on the first day of the first calendar month which begins more than ninety days after the date of the enactment of this Act. Ante, p. 920. SEC. 10. For purposes of section 921(aX17XB) of title 18, United 18 use 921 note. States Code, as added by the first section of this Act, "handgun" means any firearm including a pistol or revolver designed to be fired by the use of a single hand. The term also includes any combination of parts from which a handgun can be gissembled. Approved August 28, 1986. ::il* l o 8« S;^ , .;.teK ^d h^ri' 81 'il^r^ •'::>..•,>• -,'1.'!.. T.ir '<o *'" ni r.-:.: tvi LEGISLATIVE HISTORY—H.R. 3132 (S. 104): HOUSE REPORTS: No. 99-360 (Comm. on the Judiciary). CONGRESSIONAL RECORD: Vol. 131 (1985): Dec. 17, considered and passed House. Vol. 132 (1986): Mar. 6, considered and passed Senate, amended, in lieu of S. 104. Aug. 11, House concurred in Senate amendment with an amendment. Aug. 13, Senate concurred in House amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): Aug. 28, Presidential statement. ilk^iSi" ' ' , ' • ' ' ' - •