Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Federal Judge Dismisses Lawsuit to Ban Traditional Ammunition

Friday, May 24, 2013

In 2010, the Environmental Protection Agency (EPA) denied a petition filed by a number of groups (led by the radical anti-gun, anti-hunting environmental group Center for Biological Diversity) to ban the use of lead ammunition.  The 2010 denial was based on the simple fact that the EPA does not have the legal authority under the Toxic Substance Control Act to ban or regulate ammunition.

As we reported in 2010, this is not an accident.  When TSCA was passed in 1976, pro-gun legislators led by the late Sen. James McClure (R-Idaho) added language to the bill specifically exempting ammunition from EPA control.  They knew, even then, that radical anti-hunting groups could try to use the law to end hunting and recreational shooting by making ammo too expensive. Their foresight has now provided an invaluable protection against the effort to ban traditional lead ammunition.

But you can never count on radicals to stop just because they have been beaten. The EPA has also previously denied their petition to ban the use of lead fishing sinkers, and when they sued to force the EPA to impose an ammunition ban, a federal court ruled that the suit had been filed too late.

Last year, CBD filed a new petition that was just slightly different than the original, only changing the language to specifically target ammunition used in hunting or recreational shooting so that it would not apply to law enforcement or the military.

This week, the U.S. District Court for the District of Columbia dismissed that lawsuit The suit sought to force the Environmental Protection Agency to ban the manufacture, processing, and distribution of lead-based ammunition and was brought in an attempt to overturn the EPA’s previous denials.

The NRA, Safari Club International, and the National Shooting Sports Foundation each intervened in the case to defend the rights and interests of hunters, competitive shooters, and others with firearms-related interests.

Federal Judge Emmet G. Sullivan dismissed CBD’s lawsuit, finding that CBD’s current petition was nothing more than an attempt to seek reconsideration of their previous petition, which the EPA had denied.  Judge Sullivan also indicated that he would defer to EPA’s determination that the agency was not congressionally authorized to regulate lead-based ammunition.

By ruling on procedural grounds, Judge Sullivan was not required to address CBD’s flawed legal argument in his ruling.  CBD claimed that the Toxic Substances Control Act provides EPA with the authority to ban lead-based ammunition, notwithstanding that the law has an exclusion that puts “shells and cartridges” outside its regulatory scope.  CBD contended, strangely, that bullets and shot are not within the exception for “shells and cartridges,” notwithstanding the very obvious fact that shells and cartridges are where bullets and shot are found.

The CBD is unlikely to ever give up in its effort to ban lead ammunition, which means NRA and gun owners will have to remain vigilant to protect our rights in the future.

TRENDING NOW
Rep. Rob Bishop Introduces the "Lawful Purpose and Self Defense Act"

News  

Friday, May 26, 2017

Rep. Rob Bishop Introduces the "Lawful Purpose and Self Defense Act"

On Wednesday, May 24, 2017, Chairman of the House Committee on Natural Resources Rob Bishop (R-UT) introduced H.R. 2620, the "Lawful Purpose and Self Defense Act." This bill would remove ATF's authority to use the ...

Concealed Carrying Hits New High, Underscores Need for National Law

News  

Friday, May 26, 2017

Concealed Carrying Hits New High, Underscores Need for National Law

Information collected by the Crime Prevention Research Center (CPRC) indicates an unprecedented surge in the number of concealed carry permits, with the largest one-year increase on record occurring between May 2016 and May 2017.

Legislation Reintroduced to Permanently Dismantle Obama-Era Enforcement Abuse

News  

Second Amendment  

Friday, May 26, 2017

Legislation Reintroduced to Permanently Dismantle Obama-Era Enforcement Abuse

This week, Rep. Blaine Luetkemeyer (R-MO) reintroduced the Financial Institution Customer Protection Act, a bill aimed at permanently dismantling Operation Choke Point (OCP).  

Illinois: House Committee Passes Bill to Close Local Gun Dealers

Tuesday, May 16, 2017

Illinois: House Committee Passes Bill to Close Local Gun Dealers

The House Judiciary Committee passed Senate Bill 1657 by a 7-6 vote.

New Zealand Police Mislead Current and Prospective Gun Owners

News  

Thursday, May 25, 2017

New Zealand Police Mislead Current and Prospective Gun Owners

Back in April, NRA-ILA alerted readers to the results of the New Zealand Parliament Law and Order Committee’s “Inquiry into issues relating to the illegal possession of firearms in New Zealand,” which proposed that a ...

Nevada: Governor Sandoval Signs AB 118!

Monday, May 22, 2017

Nevada: Governor Sandoval Signs AB 118!

Today, May 22, Governor Brian Sandoval signed important pro-gun legislation, Assembly Bill 118, into law.  AB 118, sponsored by Assemblyman Skip Daly, will allow members of the military and those who have received an honorable ...

Public Health Researchers Use Common Gun Control Tactic to Mislead on “Children” and Guns

News  

Friday, May 26, 2017

Public Health Researchers Use Common Gun Control Tactic to Mislead on “Children” and Guns

It is one of the most well-worn tactics of those who advocate for gun control. Step one, acquire statistics on firearms injuries among children ages 0-14. Step two, combine these relatively low numbers with the ...

Court's Commonsense Conclusion: "There Was a Gun" Isn't Enough to Justify Issuing a Restraining Order

Second Amendment  

Friday, May 19, 2017

Court's Commonsense Conclusion: "There Was a Gun" Isn't Enough to Justify Issuing a Restraining Order

The Supreme Court of North Dakota confirmed this week that simply possessing a handgun while on one’s own private property cannot support a finding of "disorderly conduct" under the state’s disorderly conduct restraining order law. ...

Abbott Signs Senate Bill 16, Bringing Texas License To Carry Fees Down to Among Lowest in Nation

News  

Thursday, May 25, 2017

Abbott Signs Senate Bill 16, Bringing Texas License To Carry Fees Down to Among Lowest in Nation

The National Rifle Association Institute for Legislative Action (NRA-ILA) today applauded Texas Gov. Greg Abbott for signing into law NRA-backed legislation that will make license to carry fees in Texas among the lowest in the ...

South Carolina: Governor McMaster Signs Pro-Gun Bill

Monday, May 22, 2017

South Carolina: Governor McMaster Signs Pro-Gun Bill

Last Friday, May 19, Governor Henry McMaster (R) signed H. 3429 into law.  This bill went into effect upon the Governor’s approval.

MORE TRENDING +
LESS TRENDING -
NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.