Letter to Martha McSally

Submitted today via her House site:

Representative McSally,

Congratulations on being seated with the 114th Congress. I look forward to your representing me, but as a constituent I would be remiss if I were less than frank regarding my expectations of performance on my behalf and as a fellow veteran, I am certain that you take your oath to uphold and defend the Constitution of these United States very seriously.

I am writing today with specific regards to the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (BATFE) recent repeal of exemption status for the so-called “green tip” M855/SS109 5.56mm NATO round as a legal “armor piercing round” (reference: “Framework for Determining Whether Certain Projectiles are ‘Primarily Intended for Sporting Purposes’ Within the Meaning of 18 U.S.C. 921(a)(17)(c)”,”)

This is an entirely erroneous exemption to begin with on technical grounds, as the BATFE is surely aware. The M855 round is not and has never been an armor piercing round (https://www.nraila.org/articles/20150213/batfe-to-ban-common-ar-15-ammo). This is clearly yet another attempt to bypass Congress and entirely ignore the Constitution in the never-ending pursuit of citizen disarmament, and it is certainly high time Congress got off the sidelines in the interest of constitutional government (it is, after all, one of the primary reasons for such enthusiasm behind the congressional electoral overhaul last year).

As you are no doubt aware, the Constitution grants exactly zero legislative authority to the Executive, nor does it grant Congress any power to delegate lawmaking to the Executive. I believe Congress needs to be proactive in exercising the “purse strings” and its general lawmaking authority to curb such overreaches immediately, before any semblance of constitutional governance is completely eroded forever. If allowed to stand, it is just a matter of time before the Environmental Protection Agency (EPA) illegally bans lead ammunition – now apparently the only option left to law-abiding rifle owners – based on ideologically motivated ecological pseudo-science.

Thank you very much in advance for your consideration and efforts on this issue.


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  1. Decomposing the Proposed M855 Ammunition Ban |

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