AP ammo and "common commercial channels"

[JeffM]

Below is a cut from another post here, but it got me thinking. Now that CA has "the safe list", are 7.62x39 pistols outside of common commercial channels, and as such, steel core ammo for that caliber legal again?

Steel Core Ammo: Armor Piercing ammunition with a carbide or tungsten steel core meant to penetrate light vehicular armor. The construction is of a smaller caliber core surrounded by a lead filler then covered by a copper, gilding or mild steel jacket. The ammo usually has a black tip and will also attract a magnetic. It is also restricted at CDF/BLM ranges in SoCal. AP ammo is contraband in California in any caliber for which a pistol is available through common commercial channels. Only distinctly rifle calibers like 30-06 are exempt. (Got this straight from DOJ.)

[Mssr. Eleganté]

AP ammo is contraband in California in any caliber for which a pistol is available through common commercial channels.

This seems like "underground regulation" by CalDOJ to me. The California Penal Code begins the definition of "Handgun ammunition designed primarily to penetrate metal or armor" by saying...

...any ammunition, except a shotgun shell or ammunition primarily designed for use in rifles, that is designed primarily to penetrate a body vest or body shield, and has either of the following characteristics:...

That seems to be a big leap to get from exept ammuniton "primarily designed for use in rifles" to "for which a pistol is available through common commercial channels."chiefly and mainly used in long guns. It was also originally designed for use in long guns. That seems to grant it an exemption under the California Penal Code definition of armor piercing ammunition.

Has the DOJ's ruling ever been tested in court?

[Rumpled]

I believe this has a Federal component as well.
I think it was Olympic Arms that made a 7.62x39 AR variant pistol that screwed up the whole works.

[Mssr. Eleganté]

I believe this has a Federal component as well.
I think it was Olympic Arms that made a 7.62x39 AR variant pistol that screwed up the whole works.

But Federal law only restricts sale by FFL's and also the importation, manufacture of "AP" ammo. It doesn't restrict possession and use by unlicensed folks like California law does.

And the Feds define AP ammo differently than California does. A determination by BATFE that a certain ammo is "armor piercing" shouldn't have any effect on whether CalDOJ says that same ammo is "handgun ammunition designed primarily to penetrate metal or armor".