I

104TH CONGRESS

2D SESSION H. R. 3017

To amend title 18, United States Code, to prohibit the possession or transfer

of handgun ammunition capable of being used to penetrate standard

body armor.

IN THE HOUSE OF REPRESENTATIVES

MARCH 5, 1996

Mr. YATES introduced the following bill; which was referred to the Committee

on the Judicicary

A BILL

To amend title 18, United States Code, to prohibit the possession or transfer of handgun ammunition capable of

being used to penetrate standard body armor.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. PROHIBITION AGAINST THE POSSESSION OR

4 TRANSFER OF HANDGUN AMMUNITION CAPA5 BLE OF BEING USED TO PENETRATE STAND6 ARD BODY ARMOR.

7 (a) IN GENERAL.—Section 922 of title 18, United

8 States Code, is amended by adding at the end the follow9 ing:
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1 ‘‘(y)(1) It shall be unlawful for any person to possess

2 or transfer a piece of handgun ammunition if—

3 ‘‘(A) the Secretary has determined, pursuant to

4 section 926(d), that the ammunition is of a type

5 which is capable of being used to penetrate standard

6 body armor;

7 ‘‘(B) notice of the determination has been pub8 lished in the Federal Register; and

9 ‘‘(C) the determination has not been rescinded.

10 ‘‘(2) Paragraph (1) shall not apply to—

11 ‘‘(A) the sale or delivery by a manufacturer or

12 importer of handgun ammunition for use of the

13 United States or any department or agency thereof

14 or any State or any department, agency, or political

15 subdivision thereof; or

16 ‘‘(B) the sale or delivery by a manufacturer or

17 importer of handgun ammunition for purposes of

18 testing or experimentation authorized by the Sec19 retary.

20 ‘‘(3) Paragraph (1) shall not apply to a piece of hand21 gun ammunition which is the subject of a notice published

22 in the Federal Register pursuant to section 926(d)(2) if

23 the piece of ammunition was lawfully possessed by any

24 person immediately before the date of the publication.’’.
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1 (b) DETERMINATION OF THE CAPABILITY OF HAND2 GUN AMMUNITION; PUBLICATION IN FEDERAL REGISTER

3 OF PROHIBITED HANDGUN AMMUNITION.—Section 926

4 of such title is amended by adding at the end the follow5 ing:

6 ‘‘(d)(1) The Secretary shall determine whether any

7 handgun ammunition is capable of being used to penetrate

8 standard body armor, in accordance with regulations pre9 scribed by the Secretary which shall provide for the man10 ner in which such capability is to be determined, includ11 ing—

12 ‘‘(A) the type or types of standard body armor

13 to be used in determining such capability;

14 ‘‘(B) the type or types of firearm from which

15 the ammunition is to be expelled by action of an ex16 plosive; and

17 ‘‘(C) the type or types of such explosive.

18 ‘‘(2) Upon making a determination pursuant to para19 graph (1) that a type of handgun ammunition is capable

20 of being used to penetrate standard body armor, the Sec21 retary shall publish notice of the determination in the Fed22 eral Register.’’.

23 (c) PENALTIES.—Section 924(a)(1)(B) of such title

24 is amended by inserting ‘‘or (y)’’ before ‘‘of section 922’’.

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