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They are just waiting for it to quiet down so they can find a way to sneak it in when no one is paying attention.
Here is the SCOTUS decision that they will use: Perez v. Mortgage Bankers Association 3/9/2015. It says that when interpretating a regulation, an agency does not need to solicit comments, but can act without notice to change it's interpretation of a rule.
This means that BATF can decide that M855 is "armor-piercing" and outlaw it without prior notice, overnight.
And this was a 9-0 decision!!!!!