Protect Law Enforcement Armor Act

Summary: Protect Law Enforcement Armor Act or the PLEA Act  This bill requires the Department of Justice (DOJ) to promulgate regulations for the uniform testing of firearms for their ability to penetrate the Body Armor Exemplar, which shall take into consideration various enumerated factors and any other considerations DOJ deems relevant, except in no case shall a handgun capable of piercing the Body Armor Exemplar be deemed exempt from any restrictions under federal firearms laws by reason of sporting use. The bill makes it unlawful to transfer or possess an armor-piercing handgun subject to several exceptions. The bill exempts such handguns from this prohibition if they are lawfully possessed before the date this bill becomes effective. The bill also prohibits any person from transporting in interstate or foreign commerce any armor-piercing handgun or any licensed importer, manufacturer or dealer from selling or delivering such handguns except as specifically authorized by DOJ consistent with public safety and necessity.  Persons who use, carry, or possess an armor-piercing handgun in relation to any crime of violence or drug trafficking crime shall, in addition to the punishment provided for such crime, be subject to a 30-year mandatory minimum sentencing enhancement, and in the case of a second or subsequent conviction shall be imprisoned for life. Any person who conspires to commit such a crime shall be imprisoned for any term of years or life. The exemption allowing qualified law enforcement officers and qualified retired law enforcement officers to carry a concealed firearm does not apply to armor-piercing handguns.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protect Law Enforcement Armor Act'' 
or the ``PLEA Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) Law enforcement is facing a threat from handguns and 
        accompanying ammunition, which are designed to penetrate police 
        body armor, being marketed and sold to civilians.
            (2) A Five-seveN Pistol and accompanying ammunition, 
        manufactured by FN Herstal of Belgium as the ``5.7 x 28 mm 
        System'', has recently been recovered by law enforcement on the 
        streets. The Five-seveN Pistol is legally available for 
        purchase by civilians under current law.
            (3) The Five-seveN Pistol is capable of penetrating level 
        IIA armor. The manufacturer advertises that ammunition fired 
        from the Five-seveN will perforate 48 layers of Kevlar up to 
        200 meters and that the ammunition travels at 2,100 feet per 
        second.
            (4) The Five-seveN Pistol, and similar handguns designed to 
        use ammunition capable of penetrating body armor, pose a 
        devastating threat to law enforcement.
    (b) Purpose.--The purpose of this Act is to protect the Nation's 
law enforcement officers by--
            (1) testing handguns and ammunition for capability to 
        penetrate body armor; and
            (2) prohibiting the manufacture, importation, sale, or 
        purchase by civilians of the Five-seveN Pistol, ammunition for 
        such pistol, or any other handgun that uses ammunition found to 
        be capable of penetrating body armor.

SEC. 3. ARMOR-PIERCING HANDGUNS TREATED THE SAME AS MACHINEGUNS FOR 
              PURPOSES OF ALL FEDERAL CRIMINAL LAWS RELATING TO 
              FIREARMS.

    (a) Definition of Armor-Piercing Handgun.--Section 921(a) of title 
18, United States Code, is amended by adding at the end the following:
    ``(36) The term `armor-piercing handgun' means any handgun that 
fires ammunition that the Attorney General determines is capable of 
penetrating body armor when fired from such handgun pursuant to section 
926(d) of this title.''.
    (b) Determination of Ability To Penetrate Body Armor.--Section 926 
of such title is amended by adding at the end the following:
    ``(d)(1) Not later than 1 year after the date of enactment of this 
subsection, the Attorney General shall promulgate standards for the 
uniform testing of firearms and ammunition for their ability to 
penetrate the Body Armor Exemplar.
    ``(2) The standards promulgated pursuant to this subsection shall 
take into account variations in performance relating to the size of the 
firearm and ammunition, the propellant included in the ammunition, the 
material composition of the bullet, the length of the barrel of the 
firearm, the current or historical marketing of the firearm's 
capabilities, and any other considerations the Attorney General deems 
relevant, except that in no case shall a handgun capable of piercing 
the Body Armor Exemplar be deemed exempt from any restrictions under 
this title by reason of sporting use.
    ``(3) The standards promulgated pursuant to this subsection shall 
recognize that the Fabrique Nationale Herstal Five-seveN and Five-seveN 
MK2 handguns were purposefully designed to fire ammunition capable of 
penetrating body armor.
    ``(4) As used in this subsection, the term `Body Armor Exemplar' 
means body armor that the Attorney General determines meets minimum 
standards for the protection of law enforcement officers.''.
    (c) Inclusion in Definition of Firearm.--Section 921(a)(3)(A) of 
such title is amended by inserting ``, including an armor-piercing 
handgun'' before the semicolon.
    (d) Ban on Possession or Transfer.--Section 922(o) of such title is 
amended--
            (1) in paragraph (1), by inserting ``or armor-piercing 
        handgun'' after ``machinegun''; and
            (2) in paragraph (2)--
                    (A) by striking ``or'' at the end of subparagraph 
                (A);
                    (B) by striking the period at the end of 
                subparagraph (B) and inserting ``; or''; and
                    (C) by adding at the end the following:
            ``(C) any otherwise lawful transfer or otherwise lawful 
        possession of an armor-piercing handgun that was lawfully 
        possessed before the date this subparagraph takes effect.''.
    (e) Ban on Unauthorized Transport in Interstate or Foreign 
Commerce.--Section 922 of such title is amended in each of subsections 
(a)(4) and (b)(4) by inserting ``armor-piercing handgun,'' before 
``machinegun''.
    (f) Enhanced Penalties for Using, Carrying, or Possessing During 
and in Relation to a Crime of Violence or Drug Trafficking Crime.--
Section 924(c)(1) of such title is amended in each of subparagraphs 
(B)(ii) and (C)(ii) by inserting ``, an armor-piercing handgun,'' after 
``machinegun''.
    (g) Penalties for Conspiring To Commit an Offense Subject to 
Certain Enhanced Penalties.--Section 924(o) of such title is amended by 
inserting ``, armor-piercing handgun,'' after ``machinegun''.
    (h) Exception From Requirement To Allow Importation of an 
Unserviceable Firearm That Is a Curio or Museum Piece.--Section 
925(d)(2) of such title is amended by inserting ``an armor-piercing 
handgun or'' before ``a machinegun''.
    (i) Exception From Concealed Firearms Allowed To Be Carried by 
Qualified Law Enforcement Officers.--Section 926B(e)(3) of such title 
is amended by redesignating subparagraphs (B) and (C) as subparagraphs 
(C) and (D), respectively, and inserting after subparagraph (A) the 
following:
                    ``(B) any armor-piercing handgun;''.
    (j) Exception From Concealed Firearms Allowed To Be Carried by 
Qualified Retired Law Enforcement Officers.--Section 926C(e)(1)(C) of 
such title is amended by redesignating clauses (ii) and (iii) as 
clauses (iii) and (iv), respectively, and inserting after clause (i) 
the following:
                            ``(ii) any armor-piercing handgun;''.