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
Colorado: Mandatory Storage Bill Passes General Assembly and Semi-Auto Ban Temporarily Removed from Calendar

Tuesday, March 26, 2024

Colorado: Mandatory Storage Bill Passes General Assembly and Semi-Auto Ban Temporarily Removed from Calendar

In a temporary reprieve for Colorado gun owners, the semi-auto ban HB24-1292 has been removed from the calendar. But we cannot let our guard down as gun control advocates can bring it up for a vote at ...

The U.S. Supreme Court Looks at Government “Blacklists”

News  

Tuesday, March 26, 2024

The U.S. Supreme Court Looks at Government “Blacklists”

Much of the attention this past week in the United States Supreme Court was the oral arguments in National Rifle Association of America v. Vullo, No. 22-842, a First Amendment case on whether government officials ...

25 years and one PLCAA Later, Chicago is Still Harassing Gunmakers

News  

Tuesday, March 26, 2024

25 years and one PLCAA Later, Chicago is Still Harassing Gunmakers

On March 19, the city of Chicago filed suit against handgun manufacturer Glock. Seeking to shift responsibility for the city’s woeful governance, Chicago’s lawsuit blames the popular firearm manufacturer for the third-party criminal misuse of ...

Washington: Governor Signs Anti-Gun Legislation

Wednesday, March 27, 2024

Washington: Governor Signs Anti-Gun Legislation

Today, Governor Inslee signed five anti-gun bills into law that were recently passed by the Washington State Legislature. The bills include:

Colorado: Semi-Auto Ban Passes Committee and Sensitive Places Bill Hearing Rescheduled for Today!

Wednesday, March 20, 2024

Colorado: Semi-Auto Ban Passes Committee and Sensitive Places Bill Hearing Rescheduled for Today!

Yesterday the House Judiciary Committee held a hearing on House Bill 24-1292, the semi-auto ban, that lasted over 12 hours where hundreds of patriotic Coloradans overloaded the committee with opposition testimony. The hearing concluded with an ...

NRA Files Amicus Brief Asking Supreme Court to Hear Antonyuk v. James

News  

Second Amendment  

Monday, March 25, 2024

NRA Files Amicus Brief Asking Supreme Court to Hear Antonyuk v. James

In response to the NRA’s victory in Bruen, which secured every American’s right to carry arms, NY passed the “Concealed Carry Improvement Act,” severely restricting carry throughout the state. The 2nd Circuit upheld many of ...

Pennsylvania: Senate Committee Passes Full Inclusion Sunday Hunting

Wednesday, March 20, 2024

Pennsylvania: Senate Committee Passes Full Inclusion Sunday Hunting

On Wednesday, the Senate Game & Fisheries Committee voted 7-4 to pass Senate Bill 67 to the Senate floor for a vote. 

Grassroots Spotlight: Michigan Grassroots

Take Action  

Tuesday, March 19, 2024

Grassroots Spotlight: Michigan Grassroots

It's been a busy start to the year in the Wolverine State, as the Michigan NRA-ILA Grassroots Team has been out alerting and educating members and supporters on the critical changes in gun laws and working to stop ...

Louisiana: Firearms Bills on the Move - Take Action Now!

Monday, March 25, 2024

Louisiana: Firearms Bills on the Move - Take Action Now!

A number of firearm-related bills, including enhanced preemption, are moving in the Louisiana Legislature. It's critical that NRA members and Second Amendment supporters get involved to keep the momentum going!

Kentucky: Credit Card Data Privacy Bill Passed Into Law

Tuesday, March 26, 2024

Kentucky: Credit Card Data Privacy Bill Passed Into Law

Today, Governor Andy Beshear let HB 357, the Merchant Category Code ban legislation pass into law without his signature. Your NRA would like to thank Representatives Derek Lewis (R, H-90), Michael Meredith (R, H-19), and Senator ...

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.