[Below is excerpts from this printed report of the Committee, from 1982, that I scrounged at the law library. Legislation on this issue was enacted in 1986. I picked out the items I found to be most interesting. It includes: The testimony of Rep. Biaggi before the committee, testimony of Dr. Paul Kopsch, an inventor of KTW ammo, John Klein, the president of North American Ordnance Corp., which marketed the ammo, and the testimony of Rep. Biaggi before the California legislature, as to the ban on such ammo passed there.] [microfiche cite: CIS 83 H521-69] ARMOR-PIERCING AND EXPLODING BULLETS HEARINGS BEFORE THE SUBCOMMITTEE ON CRIME OF THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES NINETY-SEVENTH CONGRESS SECOND SESSION ON H.R. 2280, H.R. 5392, AND H.R. 5437 ARMOR-PIERCING AND EXPLODING BULLETS MARCH 30 AND MAY 12, 1982 Serial No. 123 Printed for the use of the Committee on the Judiciary U.S. GOVERNMENT PRINTING OFFICE WASHINGTON : 1983 newpage [SNIP] CONTENTS HEARINGS HELD March 30, 1982................................................ 1 May 12, 1982................................................ 129 TEXT OF BILLS H.R. 2280.................................................... 3 H.R. 5932..................................................... 7 H.R. 5437................................................... 11 WITNESSES Biaggi, Hon. Mario, a U.S Representative from the State of New York.......................................................... 14 Prepared statement....................................... 38 Caruso, Phil, president, Patrolmen's Benevolent Association of the City of New York ............................................. 62 Prepared statement ...................................... 66 Copeland, Cary H., attorney, Department of Justice .......... 132 Darwick, Norman, executive-director, International Association of Chiefs of Police ............................................ 149 Prepared statement ..................................... 151 Davis, Richard C., President, Second Chance Body Armor, Inc.. 114 Prepared statement ..................................... 117 Giuliani, Rudolph W., Associate Attorney General, Department of Justice ..................................................... 132 Klein, John M., president, North American Ordnance Corp ..... 68 Prepared statement ..................................... 74 Kopsch, Dr. Paul, president, KTW, Inc ....................... 66 Prepared statement .................................... 68 Murphy, Edward, legislative counsel,International Brotherhood of Police Officers ........................................... 158 Prepared statement .................................... 159 Powis, Robert, Deputy Assistant Secretary for Enforcement, Department of the Treasury .................................. 48 Prepared statement ..................................... 51 Shields, Nelson T. "Pete," chairman, Handgun Control, Inc .. 153 Prepared statement ................................... 155 ADDITIONAL MATERIAL Ban of Teflon-Coated Bullets, resolution pertaining to the .. 47 Beard, Michael K., president, National Coalition To Ban Handguns, prepared statement ........................................ 125 Biaggi announces an end to "Teflon-Coated" Bullets (article) 85 Biaggi, Hon. Mario, a U.S. Representative from the State of New York, letter dated March 18, 1982, to John M. Klein ......... 81 Biaggi Works To Protect Police From Killer Bullets (excerpt from Congressional Record, July 28, 1982) ................... 89 Bill Aims at Armor-Piercing Bullets (article), Los Angeles Times, dated January 25, 1982 ...................................... 19 Billiter, Bill, Times staff writer, Los Angeles Times, letter dated November 25, 1981, to John M. Klein ......................... 79 (iii) newpage Boyle, Stephen T., Director, Office of Congressional Liaison, Office of Justice Assistance, Research, and Statistics, Department of Justice, letter dated February 23, 1982, to Hon. Mario Biaggi ................................................ 89 Bullet Threats to Protective Body Armor (report), November 27, 1979 and updated March 25, 1982, by William C. Boesman, specialist in science and technology, Science Policy Research Division, Congressional Research Service, Library of Congress ......... 21 Buracker, Col. Carroll D., chairman, police chiefs steering committee, Metropolitan Washington Council of Government, letter dated May 5, 1982, to Hon. William J. Hughes ............ 126 Conyers, Hon. John, Jr., a U.S. Representative from the State of Michigan, letter dated June 24, 1982, to Hon. William J. Hughes ............................................................ 127 Ex-Hero Cop Proposes a Ban on "Cop Killer Bullets" (article) 85 Gates, Daryl F., chief of police, Los Angeles Police Department, letter dated December 9, 1981, to G. R. Dickerson, Director, Bureau of Alcohol, Tobacco and Firearms .......... 124 Guarini, Hon. Frank J., a U.S. Representative from the State of New Jersey, prepared statement ................................. 125 I Killed Trooper, Man Says (article), Mason, Mich .......... 107 Klein, John M., president, North American Ordnance Corp.: Letter dated February 2, 1982, to Florence T. Snyder, California Department of Justice ....................... 96 Letter dated February 15, 1982, to all law enforcement personnel .............................................. 77 Knox, Neal, executive director, National Rifle Association Institute for Legislative Action, prepared statement ....... 130 Macomber, Gary D., undersecretary, California Youth and Adult Correctional Agency, letter dated March 15, l982, to John M. Klein ............................................................. 97 Minish, Hon. Joseph G., a U.S. Representative from the State of New Jersey, prepared statement .................................. 48 Nelsen, Jerry, Sheridan (Wyo.) Police Department, letter dated May 22, 1982, to Hon. William J. Hughes ........................126 North American Ordnance Corp., statement of understanding and compliance ................................................. 112 Policeman Shot in Head in Columbus Drug Bust (article), Cleveland Press, February 8. 1982 .................................... 107 Secret Federal Test Identifies Five "Cop Killer Bullets" (article) ............................................................. 85 Walker, John M., Assistant Secretary, Department of the Treasury, letter dated February 25, 1982, to Hon. Mario Biaggi ........ 88 new page [SNIP] 38 Mr. Chairman, this is the first time I have been critical of the NRA, although of recent vintage, some of their positions have been rather strange. But I would call on the police of our country to assess that organization's position very clearly and attempt to dissuade them from their present course. Because no matter what the justification that they offer in their testimony, the bottom line is, they are willing to sacrifice the lives of police officers, irrespective of what seems to be an obvious step in the right direction. They may rationalize all they want, but the issue is clear, pure and simple. I know they are powerful. They can come into my district, but I worry not about that, Mr. Chairman. The issue is greater than my district, my survival, or theirs. The issue is doing the right thing for policemen in our country and all law enforcement personnel who are out there on the front line day after day, law enforcement personnel that have the right to believe and expect that their friends of yesterday will in fact be their friends of today. I sincerely hope that the National Rifle Association reconsiders and alters its present position. Some of the arguments they offer-I have read their testimony, are suspicious and have no place in fact. Theirs is a doctrinaire position, but it really doesn't belong in this committee, coming from an organization that is ostensibly the friend of law enforcement. They will tell you they are, but I offer this as a challenge, as the criteria by which to judge their sincerity. I don't know what will happen to this bill, whether it will be adopted in its entirety, or in part but we must deal swiftly and effectively with this problem. I hope that the state of the art will improve. I recently visited a bulletproof vest manufacturer in Florida, who, has developed a vest insert that can defeat the KTW and other armor- piercing bullets. Although it is too heavy for a practical day-to- day use, it is a major step n the right direction. The fact that we focus attention on this problem, Mr. Chairman, should be a challenge to the manufacturers to develop an improved bullet-resistant fiber. DuPont, the producer of Kevlar, has indicated their willingness to pursue this possibility. I think the American genius has the ability to create a superior state of art to resist these cop-killer bullets. But until we do, it is incumbent upon us as Members of the Congress to do what we can. I commend those in the private sector that have responded already. I hope more improvements are forthcoming. But, I just cannot abide a position in opposition to the intent of this effort, knowing full well that policemen's lives may be lost because of the failure of Government to respond to a need. Thank you, Mr. Chairman. [Statement of Congressman Biaggi follows:] TESTIMONY BY U.S. REPRESENTATIVE MARIO BIAGGI OF NEW YORK Mr. Chairman, as a 23-year veteran of the New York City Police Department, I greatly appreciate this opportunity to address an issue I consider to be the most dangerous threat facing our nation's 528,000 law enforcement officers. I am referring to high- powered handgun bullets that, can rip through the soft body armor worn by police, a number of private citizens, and top government officials, including President Reagan. Your Subcommittee is to be commended for reacting so swiftly to the loud public outcry against this small class of awesome ammunition. newpage 39 Appropriately, today marks the first anniversary of John Hinckley, Jr.'s attempt to shoot and kill President Reagan. While Hinckley's assassination attempt failed. he was successful in focusing on the need to better protect our President. Not long after the shooting, President Reagan and other top government officials began wearing the same bullet resistant body armor that approximately 250,000 U.S. Law enforcement officers rely on today for protection. Tragically, evidence I have uncovered over the past 3 years reveals this soft body armor is totally useless against a small, class of handgun bullets currently being specially made to pierce metal. I was first informed about the availability of these so- called "cop killer bullets" by the New York City Patrolmen's Benevolent Association in 1979. Tests have shown that the most powerful of these bullets, the Teflon-coated KTW, can penetrate up to 72 layers of Kevlar, the protective material used to make soft body armor. Since the most popular soft body armor is made of only 18 layers of KevIar, this means the KTW bullet has the ability to rip through the equivalent of four bulletproof vests in a single shot. A recent Federal test conducted by the Federal Bureau of Investigation confirmed this claim. In fact, the test, which took place on February 3, 1982, at the FBI's Quantico, Virginia test facility, identified several other handgun bullets that could also easily penetrate the 18-layer bullet resistant armor. Although the sensitive nature of these findings prevents them from being made public, it can be noted that three of the bullets are made and sold domestically, and two are foreign-made and then imported into the U.S. for sale. These bullets, which are specially made to retain their shape on impact, come in various calibers, including the .38 special, 9mm and .357 magnum. Let me emphasize that these armor-piercing bullets are significantly different from most handgun ammunition. Generally, the armor-piercing ammunition is made of hard metals, usually brass or an iron compound, and they travel at exceptionally high speeds. The more conventional handgun bullets are slower and they flatten out on impact due to their hollow point and/or soft metal composition, most notably lead. Let me add that the Teflon coating is unique to the KTW bullet, which is manufactured and sold by North American Ordnance Corporation, a Pontiac, Michigan-based company. According to various test data, the Teflon coating, which is apple green in color, increases the bullet's penetration equability by approximately 20 percent. What is the purpose of these special metal-piercing handgun bullets? According to promotional material prepared by the inventors of KTW ammunition, "When you need to shoot through concrete block, an automobile engine block, barricades or armor plate you'll be glad you have some KTW metal piercers." Later on, they added "bulletproof vests" to their list of easy targets for the KTW metal-piercer. Significantly, most State laws prohibit hunters from using armor-piercing ammunition because it is more likely to wound, rather than kill the animal. The end result is usually a slow, agonizing death caused by a loss of blood. Ironically, the KTW and other metal-piercing handgun ammunition was originally designed to help police. However, police departments have determined these bullets are too powerful for any type of "safe" law enforcement use. According to James P. Damos, President of the International Association of Chiefs of Police, "We can find no legitimate use for such (armor-piercing) ammunition, either in or out of law enforcement." Despite claims by North American Ordnance that they only sell KTW bullets to police, the President of that company, John Klein, was unable to identify for me a single police department in the U.S. that uses KTW ammunition. Although Police Departments strictly forbid their officers from using KTW or other armor-piercing ammunition, some individual officers have been known to carry it. For example, a D.C. Metropolitan Police Officer was shot and killed by a criminal in 1980. A subsequent search revealed that at the time of his death, the police officer was carrying KTW ammunition, presumably for that special occasion when he needed to shoot through a "concrete block," or "automobile engine block." Fortunately for the innocent citizen who might have been on the other side of that concrete wall or moving car, the occasion never presented itself. Another added danger posed by these armor-piercing bullets is their increased ricochet effect. Although designed for maximum penetration, when striking In object at certain angles, these bullets have been found to pose greater ricochet hazards than the more conventional ammunition that flattens out on impact. Further, these metal-piercing bullets have a relatively low "stopping power," which simply refers to a bullet's ability to disable or literally knock down the newpage 40 person they strike. As a former police officer, I can state from first-hand experience that no officer in a life-threatening situation wants to be armed with metal-piercing ammunition. It simply does not have the ability to "stop" a criminal. That is precisely why the overwhelming majority of police departments today use hollow-pointed bullets that flatten out on impact, exerting maximum force on the object they strike. How readily available are these "cop killer bullets?" Shockingly, there is no law of any type restricting the manufacture, importation, or the sale of KTW bullets, or other armor-piercing ammunition. To make matters worse, this ammunition is distributed through local gun dealers, which makes it virtually impossible to monitor who is buying these bullets. Although the number of metal-piercing bullets currently available in the U.S. is uncertain, a recent report prepared by the Bureau of Alcohol, Tobacco, and Firearms states that "approximately 30 million rounds" of a Czechoslovakian 9mm handgun bullet that will easily penetrate an 18-layer Kevlar vest were imported during the 1970's for commercial sale. Some have wondered why there is such an urgent need for a prohibition on armor-piercing handgun ammunition now, rather than when it was first invented many years ago. The answer is really quite simple. The soft body armor that is worn today by more than 50 percent of all law enforcement personnel was not even invented until the mid-1970's, and was not used in any significant numbers until the last few years. As a result, the idea of criminals having access to armor-piercing handgun ammunition did not concern police any more than criminals having access to other more conventional types of ammunition. No longer is that the case. Now the law enforcement community is leading the effort to outlaw handgun ammunition being specially made to pierce body armor. They recognize that soft body armor was designed specifically to stop the handgun bullets that killed 792 police officers between 1971 and 1980. They also recognize that these bulletproof vests have proven to be a very effective protective device. For example, a Justice Department report I recently received shows that soft body armor "has been credited with saving the lives of an estimated 400 police" since 1974. Statistics also indicate that during the first five years of their use (1974-78) soft body armor was at least partially responsible for a 28 percent decrease in firearm-related police deaths. Just last week, the bulletproof vests worn by two New York police officers were credited with saving their lives from the effects of a shotgun blast at close range. However, most importantly, the police community recognizes that these same bulletproof vests provide absolutely no protection at all against "cop killer bullets." That is why an overwhelming number of leading police organizations have called for a ban on these bullets. They include the International Association of Chiefs of Police, the Fraternal Order of Police, the International Union of Police Associations, the New York City Patrolmen's Benevolent Association, the California State Police, the Connecticut State Police, the Ohio State Highway Patrol, and the Baltimore Police Department. Acting on behalf of our nation's law enforcement community, I have authored a bill, H.R. 5437, that would outlaw all armor- piercing handgun ammunition and provide stiff penalties for its use by criminals. Specifically, this measure would direct our Federal firearms regulatory agency, the Department of Treasury, to conclusively identify all handgun bullets that can penetrate the equivalent of 18 layers of Kevlar. Once identified, those bullets would be banned from further manufacture, import, sale, or use in a crime. This bill has received the bipartisan cosponsorship of over 65 House Members. Companion measures have also been introduced in the Senate (S. 2017 and S. 2128). The specific penalties imposed by this measure are consistent with current firearms violation laws. Under the provisions of this Act, any person who makes, imports, or sells one of these restricted bullets would be subject to a fine of not more than $10,000, imprisonment for not more than 10 years, and revocation of their Federal license. A person using or carrying a restricted bullet during the commission of a felony would be subject to a mandatory, minimum prison sentence of not less than one year nor more than 10 years for the first offense, and not less than two years nor more than 25 years for the second or subsequent offense. This mandatory sentence would be in addition to any penalty imposed for the original crime. Let me emphasize that this bill would in no way penalize those persons who possess this type of ammunition for legitimate purposes, such as gun collectors. My sole newpage 41 intent is to keep these bullets away from criminals. While the future manufacture, importation, or sale would be banned, this law would not be retroactive in scope. In addition, my legislation also allows special exceptions for police and military use of armor-piercing handgun bullets, if required for public safety or national security. Also, let me say that in no way is my legislation aimed at banning rifle ammunition, or the more conventional handgun bullets that are used for hunting and other legitimate purposes. Simply, soft body armor was not designed to stop rifle ammunition-which is seldom used in crimes-and the 18-layer Kevlar vest stops the conventional handgun bullets used for sport and self-defense. In order to ensure the scope of my legislation remains narrowly defined to only those "handgun" bullets that are made in a special way to pierce metal, I have included various safeguards in my bill. First, rather than defining the armor-piercing bullets by complex and often ambiguous terms, I have defined them simply by their ability to penetrate 18 layers of Kevlar, or its equivalent. Plainly, if a handgun bullet can penetrate the 18 layers of Kevlar during the Treasury Department test, it would be outlawed. If it could not, there would be no restriction placed on the bullet. Let me note that test data prepared by the Law Enforcement Standards Program, administered by the Department of Justice, shows that the 18-layer vest will stop most, if not all, conventional handgun ammunition, including the .357 magnum, the 9mm, the high velocity .38 special, and the high velocity .22 long rifle. Second, fully recognizing that the length of a gun barrel has an impact on velocity, and therefore, penetration levels, I have limited the length of the gun barrel for Federal test purposes. In simple terms, the longer the gun barrel, the faster the bullet will travel. Specifically, my bill states that only those handgun bullets that can penetrate an 18-layer vest when fired out of a handgun with a barrel length of five inches or less would be outlawed. In other words, some of the more conventional handgun bullets, such as the .357 magnum, that might be able to penetrate an 18 layer vest out of a longer gun barrel, would not be banned under my bill. Perhaps an even better example of the importance of this gun barrel length criteria would be the way it deals with the .44 magnum-generally regarded as the most powerful conventional variety of handgun ammunition. Clearly, the banning of this popular sporting handgun bullet is not the intent of my legislation. I have been informed by Richard Davis, head of Second Chance body armor and one of the creators of soft body armor, that this 18- layer vest has been determined capable of stopping a .44 magnum bullet when fired out of a five-inch gun barrel or less. Thus, the .44 magnum bullet would not be outlawed. In addition, the five-inch gun barrel criteria is directly related to the handgun choice of criminals. Last year, Joseph Albright, of Cox Newspapers, studied data on some 14,268 handguns confiscated from criminals. In what is acknowledged to be the most comprehensive study of its kind, Albright found that "two out of every three handguns used in murders, rapes, robberies and muggings were . . . handguns with barrels protruding no more than three inches beyond the cylinder." In fact, his study further showed that the 15 guns most often used by criminals all have barrels four inches or less in length. Another of Mr. Albright's findings has special significance today. The weapons used by 10 of 15 assassins or would-be assassins of U.S. political figures have been handguns with a barrel of approximately five inches or less in length. Incidentally, John Hinckley's weapon was a .22 caliber revolver with a two-inch gun barrel. Finally, my bill clearly defines the term handgun to mean a firearm "originally" designed to be fired by the use of a single hand. Thus, ammunition that is primarily made to be fired from a rifle would not be affected by my legislation. Admittedly, there is some rifle ammunition that can be fired out of handguns. However, those bullets are designed to reach maximum velocity, and therefore maximum penetration, only when fired out of gun barrels much longer than five inches. Thus, most, if not all, of those rifle bullets do not surpass the 18-layer Kevlar penetration level when fired out of a gun barrel five inches or less in length, and they would not be banned by my bill. I might add that many of the handguns capable of firing rifle ammunition have a barrel longer than five inches and are of the single-shot, bolt-action variety that would not be used by criminals. According to the International Association of Chiefs of Police, the task of determining which handgun bullets can penetrate the 18-layer bulletproof vest would not be difficult or costly. In fact, James P. Damos has informed me that the IACP "already has the machinery in place for such a study." Further, he states that the study would probably cost less than $500,000, and would take less than a year. It newpage 42 should be noted that the IACP's Technology Assessment Program Advisory Council is funded by the National Institute of Justice to identify police equipment problems and the set testing priorities. They have performed extensive studies for the Department of Justice on police body armor. Mr. Chairman, some have questioned the need for my legislation. Unfortunately, there are no national statistics compiled to indicate whether a bullet used in a crime is metal- piercing or otherwise. Therefore, there is simply no way to know how widespread the criminal use of this metal-piercing ammunition has been in the past. In fact, before 1980, the FBI did not compile statistics on whether a police officer killed in the line of duty was wearing a protective vest. In an isolated instance, however, I was able to confirm through Dennis Grey, of the Broward County Sheriff's Department, that a Florida State Highway Patrolman and a visiting Canadian Police Officer were killed by KTW metal-piercing ammunition in 1976. Clearly, however, commonsense tells us that as police increasingly use soft body armor to protect themselves, criminals will seek their own type of special defense-cop killer bullets. There is simply no denying that criminals are aware just how effective bulletproof vests can be. In fact, a growing number of criminals are wearing bulletproof vests in the commission of crimes, as evidenced in last year's Nyack, New York Brink's robbery and the recent arrest of one of the FBI's most wanted killers, Joseph "Mad Dog" Sullivan; who was wearing a vest when captured. Fortunately, my effort to outlaw these armor-piercing handgun bullets has resulted in a number of significant developments. Besides the obvious increase in public awareness about this problem-as evidenced by this hearing today-a preliminary Federal test has been conducted to identify armor-piercing handgun bullets; Du Pont has decided to no longer sell Teflon to the makers of KTW bullets or any other armor-piercing ammunition manufacturer; the makers of KTW bullets, have agreed to no longer distribute their ammunition through local gun dealers; and a number of State Legislatures have initiated similar efforts to my own aimed at banning the cop killer bullets. Particularly significant is the fact that Winchester-Western, one of our nation's largest ammunition manufacturers, recently decided to stop making their metal-piercing bullets that had been on the market for many years. I am encouraged by these responsible actions, but as one who was wounded 10 times during my years as a New York City Police Officer, I cannot be satisfied until a total ban is placed on the future manufacture, import or sale of armor-piercing handgun bullets. Since my ultimate goal is to make these bullets unavailable for criminal use, I also believe it is essential that strict criminal penalties be imposed for any person using a restricted bullet during the commission of a felony. Mr. Chairman in conclusion, the law enforcement community has stated in very strong terms that they have no use for armor- piercing handgun bullets. Further, hunters are prohibited in most States from using this type of ammunition and there is no evidence, to show that other persons interested in sport or self-defense have any use for a bullet that is advertised to penetrate "automobiles, barricades, or bulletproof vests." In fact, I have been able to determine only one element of our society that would have any use for armor-piercing bullets-the criminal element. The intent of my bill is simple. It would save police lives, and possibly even the life of our President, by stopping the bullets their bulletproof vests cannot. I strongly urge that H.R. 5437 receive expeditious and favorable treatment. At this time. Mr. Chairman, I request permission to submit a Congressional Research Service report on this issue for the record. Mr. HUGHES. Thank you, Mr. Biaggi, for a very eloquent state- ment. You have been one of the leading supporters of the law en- forcement cause in the Congress. I know in the some 7 years I have been here, you have been out front on just about every law enforce- ment issue that has been before the Congress, and we certainly ap- preciate your testimony today. Let me ask you, one of the criticisms directed to H.R. 2280, which in effect authorizes the Secretary of the Treasury to conduct a study, is that the study is not needed, that there is adequate information. I know you have looked into that. Can you tell us, have you found that there is a need for a study, or do you find that newpage [SNIP] 67 I am Dr. Paul J. Kopsch of Lorain, Ohio, and am the "K" in KTW. My background is that of a practicing physician whose hobby happens to be guns. I have practiced in Lorain since 1951. Right now I am off on another endeavor, that of supplying $20,000 a year to medical students from Lorain County as scholarship aid. None of this money is from ammunition. Until the end of my life I shall have four young people in medical school. You have been told that our armor-piercing ammunition is recent origin and represents a mortal hazard to honest people. The truth is somewhat different, and I would like to summarize the first 10 years of KTW. We began marketing our ammunition in 1968-14 years ago. From the inception, we have limited sales to police and military users. The first report on the startling efficiency of our ammunition appeared in the ARA Bulletin for July 1968. Up until 1979, 24 articles about our ammunition appeared in such journals of police interest as Law & Order, Police Chief, Police Product News, and the American Journal of Clinical Pathology. Our policy has been inflexible from the beginning, that there are to be no sales to civilians. We are as strict as your proposed legislation, and cannot be plea bargained by the defense or prosecution as your statutes can be. If any of our shells are in civilian hands we want to know how they got there. I wrote the Honorable Congressman Biaggi on December 18, 1981, to find out if he knew of any leaks in our security system and have not yet had the courtesy of a reply. My partners and I did not seek, nor do we welcome, our present notoriety. We are aware of the political motivation for the present persiflage and would remind you that of New York City's 16 Con- gressmen, 4 will be terminated by the last census' results. The remainder face an uncertain future, since the city's redistricting plan was declared illegal by the Federal courts. Thus, the New City Congressman's lot is not a happy one. As a couple of your witnesses have already mentioned, the pro- posed H.R. 5437 lacks precision. Handgun is better defined in the present Federal Code as a weapon meant to be fired with, one hand, and protective armor was classified in great detail, and at considerable prior expense to the taxpayer, by LEAA's December 1978 monograph on Ballistic Resistance of Police Body Armor. We follow Mr. Lincoln's precept of 1861, that "The people save their government if the government will do its part only indif- ferently well." In KTW's first 10 years we moved out 232,171 cartridges to governments and their agencies and to individual police officers and departments. I have submitted earlier today to you gentlemen the lists of nations and the localities in your home States for the non-public record, for to our nothing but harm can come from this present publicity concerning improved ammunition for police use and the use of protective vests by police. As one of the vest makers has been saying for years, "if they know you are wearing a vest, they will shoot for the head." Thank you very much, Mr. Chairman. Mr. HUGHES. Thank you, Doctor. [Statement of Dr. Kopsch follows:] newpage 68 PREPARED STATEMENT OF DR. PAUL J. KOPSCH Mr. Chairman, honorable Congressmen, ladies and gentlemen: I am Dr. Paul J. Kopsch of Lorain, Ohio, and am the K in KTW. My background is that of a practicing physician whose hobby happens to be guns. I have practiced in Lorian since 1951. Right now I am off on another endeavor, that of supplying $20,000 a year to medical students from Lorain County as scholarship aid. None of this money is from ammunition. Until the end of my life I shall have four young people in medical school. You have been told that our armor-piercing ammunition is recent origin and represents a mortal hazard to honest people. The truth is somewhat different, and I would like to summarize the first 10 years of KTW. We began marketing our ammunition in 1968-14 years ago. From the inception, we have limited sales to police and military users. The first report on the startling efficiency of our ammunition appeared in the ARA Bulletin for July 1968. Up until 1979, 24 articles about our ammunition appeared in such journals of police interest as Law & Order, Police Chief, Police Product News, and the American Journal of Clinical Pathology. Our policy has been inflexible from the beginning, that there are to be no sales to civilians. We are as strict as your proposed legislation, and cannot be plea bargained by the defense or prosecution as your statutes can be. If any of our shells are in civilian hands we want to know how they got there. I wrote the Honorable Congressman Biaggi on December 18, 1981, to find out if he knew of any leaks in our security system and have not yet had the courtesy of a reply. My partners and I did not seek, nor do we welcome, our present notoriety. We are aware of the political motivation for the present persiflage and would remind you that of New York City's 16 Con- gressmen, four will be terminated by the last census' results. The remainder face an uncertain future, since the city's redistricting plan was declared illegal by the Federal courts. Thus, the New City Congressman's lot is not a happy one. Also, the proposed H.R. 5437 lacks precision. Handgun is better defined in the present Federal Code. And protective armor was classified by LEAA's Dec. 78 Monograph on Ballistic Resistance of Police Body Armor. We follow Mr. Lincoln's precept of 1861, that "The people save their government if the government will do its part only indifferently well." In KTW's first 10 years of manufacturing and marketing, from 1968 to 1977, we moved out 232,171 cartridges to governments and their agencies and to individual police officers and departments. I submit these lists of nations and the localities in your home States for the nonpublic record, for to our nothing but harm can come from this present brouhaha concerning improved ammunition for police use and the use of protective vests by police. As one of the vest makers has been saying for years, "if they know you are wearing a vest, they will shoot for the head." Mr. HUGHES. Mr. Klein, we have your statement and it has been made a part of the record in full and I wonder if you could summa- rize it for us. TESTIMONY OF JOHN M. KLEIN, PRESIDENT OF NORTH AMERICAN ORDNANCE CORP. Mr. KLEIN. Mr.Chairman, as a concerned citizen, former military officer, and a businessman who has devoted his entire career to developing and supplying law enforcement and military products, I would like to take this opportunity to thank you and the members of your committee for inviting me to express my views regarding H.R. 2280, H.R. 5392 and H.R. 5437. I will begin by delving into the background surrounding North American Ordnance Corp.'s involvement with KTW ammunition, follow the events concerning KTW as seen by myself over the past 5 months and then address what I believe to be shortcomings of the proposed legislation. In early 1980, North American Ordnance Corp. executed an agreement with KTW, Inc., for the exclusive, worldwide rights to manufacture and distribute KTW ammunition. Part of that agreement limits the sale of KTW ammunition to police, military, and newpage 69 U.S. State Department approved governments, hence the "Police Use Only" designation. Since taking over KTW, North American Ordnance Corp. has consistently made every effort to maintain the distribution of KTW ammunition within this framework. North American Ordnance Corp.'s memo to law enforcement personnel, dated February 15, 1982, "Subject: KTW Ammunition," details North American Ordnance Corp.'s distribution policy through March 15, 1982. In November of 1981, I received a telephone call from the Los Angeles Times. A gentleman identified himself as a reporter by the name of Bilitter, who was writing a story regarding KTW ammunition. He indicated he was investigating the complaints of a Mr. Arthur Kassel, director of the California Narcotics Authority. Mr. Billiter informed me that Mr. Kassel was an ex-FBI agent, and that he was working closely with the DEA in California. Just prior to my discussion with Mr. Billiter, I recall a telephone inquiry I received requesting that North American Ordnance Corp. immediately send KTW to a Mr. Arthur Kassel who was the director of the California Narcotics Authority, so that Mr. Kassel could test the ammunition. I declined to ship the ammunition to the individual requesting it; however, I suggested that he contact one of our dealers in California. This fact is most pertinent and should be kept in mind when considering the KTW controversy. I did not give Mr. Billiter any information over the telephone and requested that he send a letter to me. As you can see from his letter, he clearly spells out Mr. Kassel's position with the California Narcotics Authority. I have recently received a reply to my inquiry to the State of California and now have a clear reading as to Mr. Kassel's position with the California Narcotics Authority. I will address that subject in a few moments. Also in November 1981, I was contacted by NBC News and was requested to give a television interview regarding KTW ammunition, in order to tell my side of the story. I declined the television interview and asked Ms. Beth Polson, the director of the program, to give serious consideration to not airing such a documentary due to the fact that the potential criminal element in our country would be made aware of the existence of KTW ammunition. Even more significantly, these individuals would be enlightened as to the widespread use of lightweight Kevlar bulletproof vests. She and NBC News continued to assemble data for their documentary, and eventually, Dr. Paul Kopsch, president of KTW, Inc., agreed to be interviewed. Ms. Polson's and NBC's positions as stated by Jack Perkins were that the public and subsequent criminal elements were already educated as to the existence of these products through trade aid gun magazine articles. Thus further exposure would be superfluous. This raises the question as to why the program was aired at all. I personally disagree with this reasoning and purport that the public and criminal elements were not aware, of KTW and the widespread use of bulletproof vests by police. In January 1982 a congressional aide telephoned me just prior to the airing of the NBC Newsmagazine story on KTW ammunition. The aide opened his conversation with me by questioning me in- newpage 70 tently as to why North American Ordnance Corp. was manufacturing a bulletproof vest which was capable of shopping KTW ammunition. I explained that there were a number of reasons why, and to briefly summarize; the vest was being developed, based on a Euro- pean need, as a deterrent for a bullet made in the Eastern bloc which possesses characteristics similar to KTW ammunition. The Eastern bloc bullet has shown up in more terrorist activities in Europe than many people would like to admit. I further explained to the aide that in most cases, police who face such threats desire to respond against, as well as be protected from, such a threat with an equal ammunition and thus the need for KTW. During the course of our conversation, I also expressed to the aide that I felt very strongly against airing the NBC program for the reasons previously stated herein. I further indicated that we should not be so eager to disseminate technical data regarding products such as KTW, since it would be irresponsible. The aide replied that it was not irresponsible and that the NBC News program was the momentum needed for a congressional hearing and necessary for a public outcry. I asked the aide why NBC had chosen KTW and North American Ordnance Corp. and not similar products on the market. He stated that neither himself nor the Congressman had any il intent toward North American Ordnance Corp.; however, they were using KTW as an example. I informed the aide that there were numerous rounds other than KTW sold freely on the market that would penetrate bulletproof vests. He showed no interest to explore the whole spectrum of car- tridges capable of penetrating bulletproof vests. I asked the aide why the Congressman did not propose gun con- trol. He responded that it was too controversial. He also answered that gun control was a trend these days-a trend he did not mind seeing. On January 8, 1982, NBC Newsmagazine aired its program on KTW ammunition. From that time, until today, our company has been besieged by reporters, purchasers, Federal and State police agencies, and others. I feel certain that most of you have seen articles which have been written about KTW ammunition. I will not elaborate as to the accuracy and authenticity or lack thereof in what has been published. I will note however, that a large segment of our society believes verbatim what is printed in newspapers and what is shown on television. Freedom of the press is a right which, as an American, I would not give up at any cost. Freedom to destroy one's business or to eliminate employees' livelihoods without sufficiently investigating the facts at issue is another story. On February 8, 1982, 1 received a telephone call from Mr. Robert Powis, Deputy Assistant Secretary for Enforcement, Dep- artment of the Treasury. This call seemed to me to be the first coherent effort to solve the alleged KTW problem. Mr. Powis discussed with me newpage 71 the pending legislation and asked that our company voluntarily re- strict the sale of KTW ammunition only to police departments and Federal agencies and to refrain from selling to individual police officers through federally licensed dealers. In principle, I agreed with Mr. Powis, and I asked if he had contacted the other manufacturers of products with penetrating characteristics similar to KTW. He indicated to me that he was in the process of doing so, and I told him that upon receipt of written confirmation of the position of the other manufacturers, I would then voluntarily restrict the sale of KTW ammunition only to law enforcement or governmental agencies. On March 9, 1982, a U.S. Representative announced that the Du Pont Co. would no longer sell Teflon coatings to KTW or North American Ordnance Corp. According to the Representative's press release, "Du Pont's new policy is in response to the tremendous amount of recent media attention that has educated the Delaware- based company about the serious dangers these so-called cop killer bullets pose to the thousands of U.S. police officers who rely on bullet-resistant armor for protection." What the news release didn't say was that Du Pont is the same company that produces the fiber from which Kevlar bulletproof vests are made. The news release also failed to mention, that Du Pont's own sales personnel have been at our facility to inspect the procedures used to apply Teflon coating to KTW bullets. On March 22, 1982, 1 received a letter from the U.S. Representative who is sponsoring H.R. 5437. The letter, dated March 18, 1982 explained the Congressman's concern and requested information regarding KTW ammunition. In my opinion, this letter was the first glimmer of a logical, nonmedia related action the author undertook regarding KTW. As a businessman, I find it necessary to deal with problems in a logical manner. It would seem to me that if a problem did exist, one would sit down and analyze the problem, to determine its causes and possible solutions. To facilitate this process it would seem logical to thoroughly research the problem in order to implement the simplest and most effective solution. Subsequently, one would first go to the Federal regulatory agency which governed the product. In the case of KTW ammunition, it would be the Department of the Treasury, Bureau of Alcohol, Tobacco and Firearms. One would then ask that agency to contact the company or companies who were allegedly a cause for concern and set up a meeting between the concerned parties. After such a meeting, one would then analyze whether satisfac- tory progress had been made toward solving the problem and if it was necessary or not to propose legislation to limit the availab- ility of the commodity. Had such a meeting been held, North American Ordnance Corp. would have made every effort to cooperate; however, I was unaware that there had ever been a need for concern until I received the telephone call and the November 25, 1981 letter from Mr. Billiter of the Los Angeles Times. I was never called upon by the author of H.R. 5437 to sit down with him or any members of the Federal regulatory agency to discuss this alleged problem. It seems newpage 72 to me the author made no attempt to seek a nonlegislative solution to the alleged KTW problem. In further reviewing the March 18, 1982 correspondence and the attachments I received from the author, it appears that the ques- tions he posed should have been raised when the author identified the problem, supposedly in 1979. The attachments to his letter were a series of news releases starting in February 1982; a docu- ment from the Department of Justice, dated February 23, 1982, a document from the Department of the Treasury, dated February 25, 1982, and a photocopy of the Congressional record, dated July 28, 1981. All of these documents are less than I year old. The documents which deal with the Federal agencies who are involved in regulating arms and ammunition are less than 4 months old. And the Congressman identified the problem in 1979? In summary. there are some very salient points to be considered regarding the events which have transpired and given national attention to this issue: First, it is readily apparent to me that no effort was made by the author of H.R. 5437 to investigate or explore nonlegislative measures to solve the alleged problems with KTW and similar ammuni- tion. Second, it is further apparent to me that no attempt was made by the author to reach a solution by contacting the companies or the regulatory agencies involved before he contacted the media, and used the media to heighten the public awareness of KTW and the use of bulletproof vests by police. Third, the NBC Newsmagazine coverage of KTW appears to have been conceived by committing a crime. The program contained seemingly fraudulent representations and inaccuracies which made for exciting viewing but is generally inappropriate subject matter for the serious issues we are here to discuss. The March 15, 1982 letter from the State of California, youth and correctional agencies, evidences there is no California Narcotics Authority. Yet this fictitious State of California agency, presented by NBC Newsmagazine, misled the America public on prime time national television as to the true purpose of the agency and its director, Mr. Arthur Kassel, who incidentally owns the Beverly Hills Gun Club, the location where the NBC Newsmagazine program was filmed. Fourth, through the extensive media coverage given to KTW am- munition and bulletproof vests, there is no doubt in my mind that the potential perpetrators of violent crime had been made aware of how and where to shoot police officers or diplomats. This is clearly evidenced as follows: The loss of a high ranking U.S. diplomat in Paris, who was shot in the head, the Turkish Consulate in Los Angeles, who was shot in the head; a drug enforcement agent in Columbus, Ohio, who was shot in the head; a Michigan State trooper who was intentionally shot between the panels of his bulletproof vest. Are these examples purely coincidental? Or could they be a result of the media exposure given to this issue? Fifth, I feel strongly that the efforts thus far displayed to protect policemen from the so-called cop killer bullet have been sorely mis- newpage 73 guided. In his attempt to solve what he considers a threat to police, the author of H.R. 5437 has in fact seriously magnified a problem which I am firmly convinced could have been solved without media intervention. As it now stands; however, the extensive media exposure appears to have endangered the lives of policemen and diplomats everywhere. The final result of this saga is countless State and local legislative actions, which have been instituted throughout the United States, three congressional bills which have been proposed, and a highly enlightened criminal element who now know that police officers wear bulletproof vests and the way to attack a police officer is to shoot for an area which is not covered by a bulletproof vest or to attack with a more powerful weapon. I feel that KTW ammunition, North American Ordnance Corp., and KTW. Inc. have suffered an unjust media flogging due to mis- information, half truths, and the perpetration of at least one crime. This issue, without question, is a prime example of what the law enforcement community does not need. In all of the proposed bills, no provision is made for law enforcement equipment manufacturers to utilize KTW ammunition for testing, and no provisions are made for export of KTW ammunition to friendly Governments. The proposed legislation requiring regulation of ammunition by an agency director, who changes every 4 years or sooner, leaves no clear guideline from which the law enforcement community can establish a reasonable working criteria. The notion to categorize ammunition as to its effectiveness against a bulletproof vest will only serve to give the potential criminal a shopping list from which he can select ammunition. As we all know, these types of individuals tend not to follow legal procedures to obtain guns and ammunition. If legislation is necessary, I feel that the only legislation which is workable would be legislation which would give increased penalties to those who utilize known metal-piercing handgun ammunition in the commission of a crime. Our company has, in the past, and will continue in the future, to restrict the sale of KTW to police or governmental agencies only. I have never been in favor, nor would I be in the future, of every police officer in America having access to KTW ammunition. It is a very special ammunition for special applications. Its high penetrating qualities do have a use -in the police community. There is an alarming rate of crime being committed by felons wearing bullet-proof vests. If a felon was identified to be wearing a bullet-proof vest, and if a confrontation were necessary, the police should have the ability to respond effectively. The growing concern with terrorism leads me to believe, with conviction, that our police agencies should have access to KTW ammunition. I was recently informed by a European manufacturer of Kevlar bulletproof vests that he had just received an order for I,000 bulletproof vests from Libya. The same country who allegedly has hit squads who have threatened our President. I urge you to seriously consider the pertinent points which I have outlined and to bear in mind the amount of emotion which has been stirred by the truly uninformed and misled media. newpage [SNIP] 86 Biaggi said, "Federal tests have identified four other handgun ballets with similarly awesome penetrating capability. However, the KTW's unique Teflon coating has placed it in a class by itself. According to various test data, the Teflon coating, which is apple green in color, increases the bullet's penetration by approximately 20 percent. Du Pont is to be commended for their responsible action in this important matter." Teflon, a non-stick substance often found in frying pans, has been used by the makers of KTW ammunition as a high powered lubricant that helps a bullet slide through an object with very little resistance. KTW bullets are currently made and sold by North American Ordnance, a Pontiac, Michigan company that also makes bulletproof vests. According to Biaggi, Du Pont's new policy is in response to the tremendous amount of recent media attention that has educated the Delaware based company about the serious dangers these so- called "cop killer bullets" pose to the thousands of U.S. police officers who rely on bullet resistant armor for protection. The KTW bullet was originally made "For Police Use Only," but police strongly oppose it's use and recently revealed evidence shows KTW ammunition has been purchased by civilians and used by criminals. Biaggi's bill (H.R. 5437) would ban the availability of "armor-piercing" handgun bullets and would impose a mandatory, minimum prison sentence of one to ten years for any person convicted of using such ammunition in the commission of a crime. TESTIMONY BY U.S. REPRESENTATIVE MARIO BIAGGI Chairman, I wish to express my full support for the legislation (AB 2392) authored by the Honorable Tom Bane to outlaw a small class of handgun ammunition that is specially made to penetrate the bulletproof vests worn by over 50 percent of our nation's law enforcement personnel. I do so as a 23-year veteran of the New York City Police Department and as one who has researched this issue for the past three years. Recognizing the serious dangers these so-called "cop killer bullets" pose to police officers, I have introduced similar legislation at the Federal level. My bill, H.R. 5437, calls for a Federal study to determine which handgun bullets have the ability to penetrate the 18-layer Kevlar bulletproof vest that is worn by most police officers. Once identified by the study, my bill would ban the availability of those bullets, and would establish mandatory, minimum prison sentences for any person car- rying or using such ammunition in the commission of a felony. The need for this legislation is clear. Tests have shown that the most powerful of these bullets, the Teflon-coated KTW, can penetrate up to 72 layers of Kevlar, the protective material used to make bulletproof vest. In simpler terms, this means the KTW bullet has the ability to rip through the equivalent of four bulletproof vests in a single shot. A recent Federal test conducted jointly by the Drug Enforcement Administration (DEA) and the Federal Bureau of Investigation (FBI) confirmed this claim. In fact, the test, which took place on February 3, 1982, at the FBI's Quantico, Virginia test facility, identified five different handgun bullets that could easily penetrate the 18-layer soft body armor worn by law enforcement personnel. In order to prevent these test findings from reaching the criminal element, the five bullets identified as "armor-piercing" will not be made public. However, it can be noted that three of the bullets are made and sold domestically, and two are foreign made and then imported into the U.S. for sale. These bullets, which are specially designed to pierce metal, come in various calibers, including the .38 special, 9mm and .357 magnum. I would also like to point out that my own study has revealed a sixth handgun bullet that has similarly awesome armor- piercing capability. It is foreign-made and is reported to be even more effective at penetrating body armor than the KTW bullet. This bullet was not available for the DEA-FBI test. Although each of the six armor-piercing handgun bullets appears to be slightly different in composition, they do tend to share certain general characteristics. For example, they are pointed in shape rather than being flat or rounded, and they travel at a very high velocity. However, their most important common feature is a hard metal core with a full steel jacket that allows these bullets to retain their shape on impact. This is in sharp contrast to most conventional ammunition, which flattens out in impact due to a hollow or soft metal (i.e. lead) core. newpage 87 Let me add that the Teflon coating is unique to the KTW bullet. According to various test data, the Teflon coating, which is apple green in color, increases the bullet's penetration capability by approximately 20 percent. Ironically, the armor-piercing KTW bullet was created by J. Paul Kopsch, Dan Turcus, and Don Ward in the late 1960's to help police. There had been a bank robbery in their hometown of Lorain, Ohio. Police bullets being fired at the robbers were bouncing off the car being used by the criminals to escape. Kopsch, Turcus and Ward-whose last initials formed the KTW name,-decided to develop a handgun bullet that could be used by police in such situations. They were successful. In fact they were too successful for their own good. The police departments for whom the bullet was designed found the KTW ammunition far too dangerous for any type of safe law enforcement use. In addition, the KTW bullet-as do other armor-piercing bullets-has a relatively low "stopping power" especially when compared to the hollow-pointed bullets used by the police that flatten out on impact and literally knock- down, or disable the person they strike. As a result, KTW, Inc., as the three inventors called themselves, were forced to rely on limited mail order sales to individual law enforcement officers here in the U.S. and overseas. In 1980, KTW, Inc., sold the exclusive rights to make arid sell their bullets to North American Ordnance, a Pontiac, Michigan company. Both North American Ordnance, and KTW, Inc., have adhered to a company policy of selling the KTW bullet "For Police Use Only." Yet, interestingly, they are unable to identify a single police department in the U.S. that uses the KTW bullet. In fact, police officials I have spoken to indicate they strictly forbid individual officers from carrying such ammunition because of the dangers it poses to innocent citizens. Shockingly, there is no law of any type restricting the sale of KTW bullets, or other armor-piercing ammunition. Thus, the "For Police Use Only" policy imposed by North American Ordnance is virtually unenforceable. To make matters worse, a significant amount of KTW ammunition is distributed through local gun dealers, which makes it especially difficult for North American Ordnance to monitor the sale of their bullets. Aware of these obvious flaws In the KTW sales policy, I was not surprised to learn that persons other than police had obtained the KTW ammu- nition. For example, in 1976 a Florida State Highway Patrolman, and a visiting Canadian police officer were killed in Broward County, Florida by criminals using KTW ammunition. Further, one California civilian informed me he merely ordered a number of KTW bullets over the phone from a local gun dealer after being in- formed that other members of his gun club had done the same. No identification was ever requested and the bullets were delivered C.O.D. Some have wondered why there is such an urgent need for a prohibition on armor-piercing handgun ammunition now, rather than when it was first invented. The answer is really quite simple. The soft body armor that is worn today by more than 50 percent of all law enforcement personnel was not even invented until the mid-1970's, and was not used in any significant numbers until the last couple of years. As a result, the idea of criminals having access to armor-piercing handgun bullets did not concern police any more than criminals having access to other more conventional types of ammunition. No longer is that the case. Now the law enforcement community is leading the effort to outlaw handgun ammunition being specifically made to pierce body armor. They recognize that soft body armor was designed specifically to stop the handgun bullets that killed more than 700 law enforcement officers during the past 10 years. They recognize that these bulletproof vests have proven to be a very effective protective device. For example, a Justice Department report I recently received shows that soft body armor "has been credited with saving the lives of "an estimated 400 police" since 1974. Statistics also indicate that during the first five years of their use (1974--78) bulletproof vests were at least partially responsible for a 28 percent decrease in firearms-related police deaths. However, most importantly, the police community recognizes that these same bulletproof vests provide absolutely no protection at all against "cop killer bullets." That is why such leading police organizations as the International Association of Chiefs of Police, the Fraternal Order of Police, the International Union Of Police Associations, the Los Angeles Police Department, and the California State Police have called for a ban on such bullets. Fortunately, the effort initiated by myself in the Congress and by Mr. Bane in the California Legislature to outlaw these armor-piercing handgun bullets has resulted in a number of significant developments. Besides the obvious increase in public newpage 88 awareness about this problem-,is evidence by this hearing today-a Federal test has been conducted to identify armor-piercing handgun bullets; Du Pont has decided to no longer sell Teflon to the makers of KTW bullets or any other armor-piercing ammunition manufacturer; the makers of KTW bullets have agreed to no longer distribute their ammunition through local gun dealers; a number of other State legislatures around the country have initiated their own methods of dealing with this serious problem; and the Congress is expected to begin hearings on this issue later this month. I am encouraged by these actions, but as one who was wounded 10 times during my years as a New York City Police Officer, I cannot be satisfied until a total ban is placed on the future manufacture, import or sale of armor-piercing handgun bullets. Since my ultimate goal is to make these bullets unavailable for criminal use, I also believe is essential that strict criminal penalties be imposed for any person using a restricted bullet during the commission of a felony. Mr. Chairman in conclusion, the law enforcement community has stated in very strong terms that they have no use for armor- piercing handgun bullets. Further, evidence suggest that hunters, target shooters, or persons seeking self-defense have no use for a bullet that is advertised to penetrate "automobiles, barricades, or bulletproof vests." In fact, I know of only one element of our society that would have any use or armor-piercing bullets-the criminal element. Simply stated, Mr. Chairman, we must stop the bullets that bulletproof vests cannot. With this in mind, I strongly urge that Mr. Bane's measure (AB 2392) to outlaw armor-piercing handgun ammunition receive prompt and favorable consideration by this Committee and the Legislature. ------------ DEPARTMENT OF THE TREASURY, Washington, D.C.., February 25, 1982. Hon. MARIO BIAGGI, House of Representatives, Washington, D.C DEAR MR. BIAGGI: This is in response to your letter to Secretary Regan dated January 8, 1982, concerning H.R. 2280, a bill "to authorize the Secretary of the Treasury to conduct a study of handgun bullets manufactured in or imported into the United States to determine which bullets have the capacity to penetrate bulletproof vests commonly used by most enforcement officers." The Department shares your concern that armor-piercing bullets pose a danger to law enforcement officers. In this regard we are currently studying the problem and are aware of several studies conducted by the Department of the Army for the Law Enforcement Assistance Administration, Department of Justice. It is reported that these extensive studies cost about $I.4 million. There is no question in our minds that the so-called "KTW" bullet has the capabilities attributed to it in recent news accounts. However, problems arise when an effort is made to regulate or legislate against the manufacture or importation of such a bullet. An attempt to define a prohibited-type bullet invariably includes a wide range of bullets commonly used for hunting, target shooting or other legitimate and long-established sporting purposes. Nevertheless, these problems do not diminish our concern over the KTW bullet. In this regard, a member of my staff has been discussing this matter with the manufacturer of KTW ammunition who has agreed to restrict domestic sales of this am- munition to Federal, State and local enforcement agencies, and the Armed Services of the United States. Under this preliminary agreement, to be confirmed in writing, the manufacturer will no longer make sales to Federal firearms licensees, thus ending any civilian sales or distribution. After we evaluate the LEAA studies of the penetrating abilities of various ammunition, we will be in a better position to assess the merits of the study recommended in your bill. As soon as we make a determination, I will communicate our findings to you. Please be advised that the contents of this letter have been approved by OMB.