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One of the main issues raised in the meetings that ATF held with industry and law enforcement in November 2012 was whose intent should control the analysis as to whether a type of ammunition is primarily intended for sporting purposes . Some representatives of the industry argued that the sporting purpose analysis should be subjective and conclusive — focusing solely on the intent of the ammunition manufacturer...
From the perspective of law enforcement, however, the most relevant intent is that of a criminal who seeks to use ammunition capable of penetrating body armor when fired from a handgun. If ammunition containing the metal content
enumerated in section 921(a)(17)(B)(i) can be used in a handgun— the type of firearm most frequently used by criminals
whom police officers encounter on the streets— then, from the law enforcement perspective, the manufacturer’s intent that the ammunition be used for hunting or target shooting (in rifles or handguns) becomes irrelevant.
(B) The term “armor piercing ammunition” means—
(i) a projectile or projectile core which may be used in a handgun and which is constructed entirely (excluding the presence of traces of other substances) from one or a combination of tungsten alloys, steel, iron, brass, bronze, beryllium copper, or depleted uranium