POLICE OFFICERS AT RISK FROM COP-KILLER GUN; GUN MAKER MAY GET LEGAL IMMUNITY FROM CONGRESS

Feb 17, 2005

Washington, D.C. - A handgun that shoots bullets that penetrate police body armor has generated alerts to law enforcement officers all over America from numerous sources, including the federal Department of Homeland Security.

The manufacturer has misled federal firearms officials, saying that the weapon's ammunition won't penetrate body armor, despite tests that prove it does. So what is Congress doing about it?

The gun lobby's allies in Congress, with the backing of President Bush, are supporting a bill that would give the gun's manufacturer ironclad protection from legal accountability to police officers shot with this cop-killer weapon. Legislation that would shield the most reckless gun sellers from being held accountable in court for negligent conduct has been introduced in both the House and Senate.

The legislation would prevent a police officer shot and wounded with the FN Herstal Five-Seven handgun from suing the manufacturer for exposing law enforcement to the risk of this weapon by selling it to the general public and then lying about it to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). FN Herstal told the ATF that the handgun's SS192 ammunition would not penetrate Level IIIA soft body armor vests, worn by thousands of police officers. Independent testing has reportedly proven that it will penetrate those vests.

"Congress needs to protect our law enforcement officers, and the Five-Seven should not be sold to civilians," said Michael Barnes, President of the Brady Campaign to Prevent Gun Violence united with the Million Mom March. "It is outrageous that some members of Congress want to give special legal privileges to irresponsible gun sellers like the manufacturer of this cop-killer gun."

The easily concealable, lightweight handgun retails for about $1,000. One was purchased, along with SS192 ammunition, from a Virginia gun dealer in January by staff from the Brady Center to Prevent Gun Violence. In a test conducted by Brady staff, the ammunition purchased with the weapon penetrated a Level IIA vest. The gun and ammunition were turned over to the Washington, D.C. police department. The Washington, D.C. Fox television affiliate, WTTG, reported on February 10 and again on February 11 that the SS192 ammunition penetrated Level IIIA vests.

Three major police organizations - the National Organization of Black Law Enforcement Executives (NOBLE), International Association of Chiefs of Police (IACP), and the International Brotherhood of Police Officers (IBPO) - announced at a January 27 press conference that they were alerting police nationwide about the dangerous new weapon. IBPO Legislative Director Steve Lenkart called the handgun "an assault rifle that fits in your pocket."

The Department of Homeland Security (DHS) issued an alert to all its law enforcement personnel in November, warning that the SS192 ammunition penetrated body armor. "Sales of this weapon in the U.S. have increased tremendously according to the manufacturer," the alert stated. (See the DHS Alert at www.napo.org/pics/safetyalert.gif.)

In January, officials at the ATF posted information on its website that was immediately touted by the National Rifle Association as indicating the gun and the ammunition tested did not penetrate soft body armor. The ATF posting reads, "FN Herstal tested the SS192 ammunition. SS192 ammunition did not penetrate the Level IIIA vests that were tested."

The company apparently told the ATF that it makes available to civilians only ammunition for the gun that cannot penetrate body armor. But the SS192 ammunition, which clearly penetrates Level IIA and Level IIIA body armor, was sold with the weapon when the Brady Center staff purchased the gun in January. Clearly, contrary to FN Herstal's representation to the ATF, civilians can, in fact, purchase armor piercing ammunition for the Five-Seven.

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As the nation's largest, non-partisan, grassroots organization leading the fight to prevent gun violence, the Brady Campaign, with its dedicated network of Million Mom March Chapters, works to enact and enforce sensible gun laws, regulations and public policies. The Brady Campaign is devoted to creating an America free from gun violence, where all Americans are safe at home, at school, at work, and in our communities.

For continuing insight and comment on the gun issue, read Paul Helmke's blog at www.bradycampaign.org/blog/. Visit the Brady Campaign website at www.bradycampaign.org.