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
Levi’s Teams with Billionaire Michael Bloomberg to Attack Gun Rights

News  

Friday, September 7, 2018

Levi’s Teams with Billionaire Michael Bloomberg to Attack Gun Rights

Levi Strauss & Co. established its brand in the mid-19th century by selling durable clothing to working-class Americans. As Levi’s signature jeans gained popularity amongst a wider set in the middle of the last century, ...

House Democrats Outline Gun Control Agenda for 116th Congress

News  

Friday, November 16, 2018

House Democrats Outline Gun Control Agenda for 116th Congress

With anti-gun Democrats back in control of the House of Representatives come January, now is the time to prepare for a new onslaught on the Second Amendment. Emboldened by the mere thought of controlling the ...

Toledo Mayor Plays Politics With Officer Safety Via New Firearm Procurement Measures

News  

Friday, November 16, 2018

Toledo Mayor Plays Politics With Officer Safety Via New Firearm Procurement Measures

Bad ideas have a way of recurring within gun control circles. And when they do, they are usually accompanied by self-congratulatory rhetoric about their supposedly “innovative” and “forward-thinking” nature. That was certainly the case this ...

Yes, George Soros is a Gun Grabber

News  

Friday, November 16, 2018

Yes, George Soros is a Gun Grabber

In 2015, billionaire gun control financier and potential 2020 presidential candidate Michael Bloomberg financed the creation of the anti-gun propaganda outlet The Trace. Ever grateful for their wealthy benefactor’s unfettered largesse, the Bloomberg advocacy group now views less-profligate anti-gun tycoons as ...

Indulgences for Hollywood as Movie Studio Buys Gun Offsets

News  

Friday, November 16, 2018

Indulgences for Hollywood as Movie Studio Buys Gun Offsets

In 2014, Hollywood movie mogul and fierce NRA critic Harvey Weinstein appeared to acknowledge the movie industry might be able to have a positive impact by reducing its glorification of criminal violence. Weinstein explained, I have to ...

NRA Challenges Constitutional Violations in Initiative 1639

News  

Thursday, November 15, 2018

NRA Challenges Constitutional Violations in Initiative 1639

The NRA was joined by the Second Amendment Foundation in filing a lawsuit challenging gun control measures recently passed in Washington ballot initiative I-1639.

Surprise: Physician Group Rehashes Same Tired Gun Control Policies

News  

Friday, November 2, 2018

Surprise: Physician Group Rehashes Same Tired Gun Control Policies

Everyone has hobbies. Some doctors’ collective hobby is opining on firearms policy. Half of the articles in the “Latest from Annals” email from the Annals of Internal Medicine journal are related to firearms. The most prominent of these ...

California: Cities Backpedal on Over-Reaching & Preempted Local Anti-Gun Ordinances

Friday, November 16, 2018

California: Cities Backpedal on Over-Reaching & Preempted Local Anti-Gun Ordinances

The City of Palm Springs decided to repeal the reporting ordinance to avoid litigation and the City of Saratoga also withdrew an ordinance that would have imposed the same type of reporting limitation on victims of firearm ...

Missing the Marx: Gun Control’s Future is … Communism?

News  

Friday, November 2, 2018

Missing the Marx: Gun Control’s Future is … Communism?

After every high profile crime committed with a firearm of any sort, there are always calls for gun control. But one particular proposal this week managed to distinguish itself amid the usual din, if only ...

Ohio: House Passes Self-Defense Legislation, Contact Your Senator

Wednesday, November 14, 2018

Ohio: House Passes Self-Defense Legislation, Contact Your Senator

Today, the Ohio House of Representatives passed House Bill 228 by a 64 to 26 vote.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

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.