Bureau of Alcohol, Tobacco, Firearms and Explosives
Martinsburg, WV 25405
www.atf.gov OCT 2014
907010:AG
3311/302316
Mr. Mark Barnes
Mark Barnes & Associates 1350 I Street NW Suite
260
Washington, D.C. 20005
Dear Mr. Barnes:
This refers to your
letter of May 27, 2014, to the Firearms Technology Branch (FTB), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) regarding the classification of the
PIEXON JET PROTECTOR JP-4 liquid irritant dispensing device. Two
Piexon JP-4 devices, twenty practice cartridges, and
twenty irritant cartridges were enclosed. The
items and correspondence were submitted on
behalf of your clients, Piexon AG
(Switzerland), and U.S. Persona] Defense Products, LLC
of Phoenix, Arizona.
As you are aware, the Gun Control Act of 1968 (GCA), 18 U.S.C. ยง 921(a)(3), defines the term
"firearm"to include the following:
...(A) any weapon (including a starter
gun) which will or is designed to or may be readily converted to expel a projectile by the action
of an explosive; (B) theframe or receiver of any such weapon; (C) anyfirearm mujjler or silencer;
or (DJ any destructive device.
Such term does not include an antique firearm.
Further, 18 U.S.C. ยง 921(a)( 17){A) defines the term "ammunition
"as "ammunition or cartridge cases, primers, bullets,
orpropellant powder
designedfor use in anyfirearm.,,
In addition, the National Firearms Act (NFA), 26 U.S.C.ยง 5845(a),defines "firearm" as-
...(1) a shotgun having a barrel or barrels of less than 18 inches in length; (2) a weapon madefrom a shotgun if such weapon as modified has an overall
length of less than 26 inches or a barrel or barrels of less than 18 inches in length; (3) a rifle having a barrel
or barrels of less
than 16 inches in length;
(4) a l...'eapon made.from
a rifle if such weapon as modified has an overall
length of less than 26
inches or a barrel
or barrels of less than 16 inches
in length; (5) any other weapon, as defined in subsection (e); (6) a machinegun; (7) any silencer
(as defined in 18 US.C. ยง 921); and (8) a destructive
device. The term ''firearm" shall not include
an antiquefirearm
or any device (other than a machinegun or destructive device)
which, although designed
as a weapon, the Secretaryfinds by reason of the date of its manufacture, value, design, and other characteristics isprimarily a
collector's item and is not likely to be used as a weapon.
The NFA, ยง 5845(e), defines "any other weapon" as-
...any weapon or device
capable of being concealed on theperson from which a shot can be discharged through the energy of an explosive, a pistol
or revolver having
a smooth bore designed
or redesigned tofire afixed shotgun shell, weapons
with combination shotgun and rifle barrels
12 inches or more, Less than 18 inches in length,from which only a single discharge can be madefrom either barrel without
manual reloading, and shall include any such weapon which may be readily restored tofire. Such term shall not include a pistol
or revolver having
a rifled bore, or rifled bores, or weapons designed, made, or intended to befired from the shoulder and not capable offiring fixed ammunition.
Finally, 27 CFR Section
447.21 (The U.S. Munitions Import List), enumerates the items subject to impott controls
as defense articles.
CATEGORY XIV-TOXICOLOGICAL
AGENTS AND EQUIPMENT AND RADIOLOGICAL EQUIPMENT, includes the following:
(a) Chemical agents, including but not limited
to lung irritants, vesicants, lachrymators, and tear gases (except tear gasformulations containing 1% or less CN or CS), stemutators
and irritant smoke, and nerve gases and incapacitating agents.
Piexon, AG, in Aarwangen, Switzerland, manufactured the submitted device(s). The JP-4 is designed to dJscharge a liquid irritant, containing 1.5-percent Capsaicin, from the four polymer
chambers, each of
which is
designed to accept
a 14mm Piexon cartridge (14mm x 109mm).
Below are the stated specifications of this
device, as
confirmed by FTISB:
Product name Manufacturer Length
Height Width
Weight (empty) Weight (loaded) Range
Capacity
-JP-4
-Piexon AG, CH-Aarwangen.
-7-1/2 inches.
-5-3/4 inches.
-1-5/8 inches.
-15 oz
-21 oz
-Approximately 5 feet (minimum), 21 feet (maximum).
-4, 14mm Piexon cartridges, each with a marked capacity of "2x 10 g."
-Practice cartridges have green plastic tips
and contain water,
glycerin and food grade dye.
-Irritant cartridges have orange plastic tips and contain 1.5% Capsaicin.
The FTISB
evaluation included attempts
to load conventional ammunition cartridges- these attempts were unsuccessful , confirming that
the JP-4 is not
designed to utilize conventional rimfire
or centerfire fireann ammunition. In addition, the JP-4 frame is not compatible with conventional firearm barrels, and
does not constitute the
frame or receiver of a fireann.
In closing, the PIEXON JET PROTECTOR JP-4, as
examined herein, does not constitute a "firearm" as
defined in the GCA or a "firearm" or "any other weapon" as defined
inthe NFA. These items may be imported
into the United States without an ATF Form 6.
Also, the 14m.m
Piexon irritant and practice cartridges designed for this device do not constitute "ammunition" as defined in the
GCA.
These determinations are relevant to the
JP-4 device and 14mm Piexon cartridges as submitted
and examined by our office.
Any alterations or modifications would subject the device and cartridges to further review.
We
thank you for your inquiry and trust
the foregoing has been responsive to your request for an evaluation. Please contact
our office to arrange the return of the JP-4 samples and the practice cartridges, as
well as the appropriate disposition of the irritant cartridges.
|
It |
Acting Chief, Firearms
Technology Criminal Branch