Court Challenge Led by NSSF Derails Attempt to Ban 'Traditio

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May 29, 2013
Court Challenge Led by NSSF Derails Attempt to Ban 'Traditional' Ammo - 2

by John Haughey
The U.S. District Court for Washington, D.C., on May 23 dismissed a lawsuit brought by the Center for Biological Diversity demanding the Environmental Protection Agency ban the ammunition used by 95 percent of the nation's target shooters, hunters and law enforcement.

The court agreed with a challenge filed last August by the National Shooting Sports Foundation that the EPA does not have the authority to regulate "traditional" ammunition under the Toxic Substances Control Act.

The CBD and six other groups had sued the EPA, demanding that "traditional" ammunition be banned under the Toxic Substances Control Act because it contains lead components.

According to the NSSF, if the lawsuit was successful, it would have banned the staple ammunition used in 95 percent of the U.S. market with more than 10 billion rounds sold annually.

The NSSF was joined by the National Rifle Association, Safari Club International, and the Association of Battery Recyclers in challenging the suit. Signing onto CBD's lawsuit were the Cascades Raptor Center of Oregon, the Loon Lake Loon Association of Washington, Preserve Our Wildlife of Florida, Tennessee Ornithological Society, Trumpeter Swan Society and Western Nebraska Resources Council.

The EPA had already twice denied CBD attempts to legally coerce the agency into banning traditional ammunition, including a previous attempt in the D.C. District Court.

“We are gratified that the court has found this second frivolous lawsuit, which is essentially the same as the one dismissed last year, was equally without merit,” NSSF Senior Vice President and General Counsel Lawrence G. Keane said. “This was a waste of taxpayers’ dollars and EPA resources spent in having to defend a baseless lawsuit.”

Banning "traditional" ammunition would cost tens of thousands of jobs in America and destroy wildlife conservation paid for in part by an 11- percent excise tax on the sale of ammunition, Keane said.

"Yesterday’s dismissal of a ... ban on ammunition containing 'lead components' is a quiet, but major, victory for ammunition manufacturers, the firearms industry, hunters and recreational shooters, and in particular, home reloaders," writes Gun Examiner Dave Workman in a May 24 blog. "Banning ammunition with lead is a thinly disguised form of gun control."

Here is a link........http://www.outdoorlife.com/blogs/gun-sh ... ional-ammo


Here is a news from NSSF.

NEWTOWN, Conn --(Ammoland.com)- The U.S. District Court for the District of Columbia today dismissed a lawsuit brought by the radical anti-hunting Center for Biological Diversity and six other groups demanding the Environmental Protection Agency ban traditional ammunition containing lead components.

Traditional ammunition represents 95 percent of the U.S. market and is the staple ammunition for target shooters, hunters and law enforcement, with more than 10 billion rounds sold annually.

NSSF filed a motion to dismiss the lawsuit last August. The court today agreed with NSSF that EPA does not have the authority to regulate traditional ammunition under the Toxic Substances Control Act.

EPA had already twice denied attempts by CBD to have the agency ban traditional ammunition, and the court had dismissed an earlier case brought by CBD seeking the same relief.
“We are gratified that the court has found this second frivolous lawsuit, which is essentially the same as the one dismissed last year, was equally without merit,” said Lawrence G. Keane, senior vice president and general counsel for the National Shooting Sports Foundation, the trade association for the firearms and ammunition industry. “This was a waste of taxpayers’ dollars and EPA resources spent in having to defend a baseless lawsuit.”

CBD’s serial petitioning of EPA and its repeated lawsuits were designed to cripple the shooting sports in America by banning the ammunition that millions of hunters and target shooters choose to use safely and responsibly.
“There is quite simply no sound science that shows the use of traditional ammunition has harmed wildlife populations or that it presents a health risk to humans who consume game taken with such ammunition,” said Keane. “Banning traditional ammunition would cost tens of thousands of jobs in America and destroy wildlife conservation that is funded in part by an 11 percent excise tax on the sale of ammunition. The protection and management of wildlife is properly handled by the professional biologists in the state fish and game agencies, as it has been for over a hundred years.

In addition to NSSF, the National Rifle Association, Safari Club International and the Association of Battery Recyclers intervened in the case.

Organizations that joined CBD in its lawsuit were the Cascades Raptor Center of Oregon, the Loon Lake Loon Association of Washington, Preserve Our Wildlife of Florida,
Tennessee Ornithological Society, Trumpeter Swan Society and Western Nebraska Resources Council.

NSSF was represented by Roger Martella and Christopher Bell from Sidley Austin.

About NSSF
The National Shooting Sports Foundation is the trade association for the firearms industry. Its mission is to promote, protect and preserve hunting and the shooting sports. Formed in 1961, NSSF has a membership of more than 8,000 manufacturers, distributors, firearms retailers, shooting ranges, sportsmen’s organizations and publishers. For more information, log on to http://www.nssf.org.




Here is a link for NSSF.........http://www.ammoland.com/2013/05/u-s-dis ... z2UbWGz9xc


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