Flap over Five-seveN Pistol Not Fully Reported by Media
February 20, 2005
by Joseph P. Tartaro
Executive Editor
FDLE Memo
“In an encounter, this weapon should be considered the same as opposing a suspect armed with a rifle,” warns the FDLE memo, which was distributed to local law enforcement officials in December.
Marion Hammer, a Tallahassee lobbyist for the Unified Sportsmen of Florida and a former president of the National Rifle Association, said banning any type of firearm because of a cartridge does not make sense, The News-Journal reported.
“Firearms do not put law enforcement at risk. Criminals that use firearms, any kind of firearms, put law enforcement at risk,” she said. “What we need to do is put criminals in jail and keep them there.”
Zalisko said what worries him most about the Five-seveN is it’s so easy to conceal.
“There are many assault weapons that use ammo that can pierce a vest, but they are not concealable,” he said.
Since the FDLE memo was issued, the chief said he has been reaching out to agencies across the country to see if this weapon has been used and in what situations. Once he gets replies, Zalisko said he plans to use that information to urge legislators in Florida and Washington to take action.
In mid-January, the Brady Campaign and its subsidiary “Million” Moms March joined several national law enforcement groups in protesting the public availability of the Herstal Five-seveN and armor-piercing ammunition.
The groups issued a press release calling on Congress “to produce a solution to this threat that now faces police officials. We are very interested in working with the House and Senate leadership to eliminate this threat.”
Volusia Sheriff Ben Johnson declined to comment for this story. However, Flagler County Sheriff Don Fleming said he supports controls on such weapons.”
To put a weapon like that in the wrong hands causes a problem for law enforcement,” he said. “We are talking officer safety as well as civilian safety.”
Sgt. Al Tolley, spokesman for the Daytona Beach Police Department, said his agency has warned its officers of the weapon’s capabilities.
He said Chief Dennis Jones believes “law enforcement should always be concerned when it comes down to handguns that tend to defeat the purpose of our body armor.”
Anti-Gun Propaganda
But that argument does not sit well with gun sellers.
“This is anti-gun propaganda,” said Roy Coogler, owner of New Smyrna Shooter’s Supply in Edgewater. “If these guys would spend as much time getting real criminals off the street as they are on this, we would be much better off.”
Coogler said the pistol is so expensive—about $1,000—it is not something the average person is likely to buy. He offers it only by special order. He said he has had inquiries but made no sales.
Forrest Buckwald, owner of Buck’s Gun Rack in Daytona Beach, said he has sold the two Herstal Five-seveN pistols he had in stock. He does not know when he might get more.
“They are very scarce,” he said. The News-Journal said that messages left for officials with FN Herstal at the company’s Virginia office went unanswered Feb. 3 and 4.
But the story about the latest anti-gun medium scare doesn’t end there. In fact, the story should have ended 10 days earlier, because the Bureau of Alcohol, Tobacco, Firearms and Explosive (ATF) had issued a bulletin on Jan. 20, which didn’t get much media play and wasn’t cited by The News-Journal report.
In response to numerous questions that ATF had received regarding the capabilities of the 5.7 X 28mm cartridge, the following technical information is provided. The ATF information is available on-line at: http://www.atf.gov/firearms/firearmstech/fabriquen.htm.
The FTB (Firearms Technical Branch) classified SS196 ammunition as not armor piercing.
The following information was in the ATF bulletin:
The FN 5.7 (Fabrique Nationale) pistol is a semi-automatic pistol in 5.7 X 28 mm caliber approved for importation as a sporting firearm.
ATF Ammo Classification
The classification of all ammunition is governed strictly by the definitions presented in the GCA (Gun Control Act). Specifically, as defined in 18 USC Section 921(a)(17)(B), the term “armor piercing ammunition” means:
1. 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; or
2. A full jacketed projectile larger than .22 caliber designed and intended for use in a handgun and whose jacket has a weight of more than 25 percent of the total weight of the projectile.
FTB has also examined a 5.7 X 28 mm projectile that FN Herstal has designated the “SS196.” The SS196 is loaded with a Hornady 40-grain, jacketed lead bullet. FTB classified SS196 ammunition as not armor piercing ammunition under Federal firearms statutes.
According to FNH USA, FN Herstal tested the SS192 ammunition. SS192 ammunition did not penetrate the Level IIIA vests that were tested. FNH USA states that SS196, Hornady V-Max 40 gr. bullets fired from a 4&Mac186; inch barrel did not penetrate the Level II vests that were used in testing.
FNH USA has informed FTB that SS192 is no longer imported for commercial sale to the United States and that commercial sales of 5.7 X 28mm ammunition are restricted to the SS196 (not armor piercing).
The ATF Technical Branch bulletin also lists all the different types of ammunition manufactured for the Five-seveN pistol, whether or not available in the US commercial market. They list
The anti-gunners are fond of pushing public policy through a sea of confusion and misinformation. But when you and lawmakers have the whole story—especially from government experts—the light of such information should send the anti-gunners looking for a new horse to flog.
I suspect that the FN Five-seveN pistol story was just another way of stirring up action on the gun ban that expired last year. So far, there doesn’t seem to be much interest in Washington, Tallahassee or elsewhere.