Today I received a news item from an e-mail news list that reported how Commissioner Raymond Kelly of NYPD is calling for the outlawing of the 5.7mm pistol and cartridge...because it is capable of permeating a vest. Over the past several months, California outlawed the .50 caliber cartridge as being a criminals tool of choice. We have seen other such comments over the years used, or attempted to be used, to outlaw firearms or ammunition.
Recognizing that the First Amendment protects speech and the press, but also recognizing that, at the very least, public officials have an obligation to truthful and factual statements, has any consideration been given to the pursuit of law suits against officials who make falacious statements in attempts to regulate items with which they disagree? Indeed, I could imagine that a skillful jurist could argue that even the press could be held to a standard of accuracy in these instances (indeed, Dan Rather was, if only through peer pressure).
I especially find Kelly's statements disconcerting as ATF has reviewed the 5.7, and ruled that JHP ammunition for it is not armor piercing, and thus not in violation of the "cop killer bullet" law. The ammuntion which was designed to defeat body armor may not be sold in the US except to the military or law enforcement (LAPD has adopted it for their SWAT entry teams). Thus, just as with the situation years ago with NBC and cop killer bullets, this is a non-issue which will be used to a political end, but in the meantime take an item and make it a problem, just as NBC's coverage of vests and KTW made it common knowledge that law enforcement officers were wearing vests, and thus criminals learned to shoot for the head, or use a rifle.
Just a thought, and interested in comments, especially with the number of knowledgable legal authorities who are on this list.
Paul R. Laska
Palm City, FL
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