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Ok, so the BATFE has laid out technical specifications defining what armor piercing is. Technically(according to those specifications) ss109 is not. Does not change the fact it will turn body armor into swiss cheese.
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Could be because "armor piercing" usually had in mind the piercing of steel or aluminum armor on armored vehicles, not the soft wearable body armor. If they used the latter definition, any rifle cartridge is suddenly "armor piercing" and therefore illegal, and that's just a ludicrous position- one you won't find even mild anti-gun folks taking.