EPA Considering Ban on Traditional Ammunition

[tomthebaker]

Copied from another gun board:

EPA Considering Ban on Traditional Ammunition
August 25, 2010 By Larry Keane

All Gun Owners, Hunters and Shooters:
With the fall hunting season fast approaching, the Environmental Protection Agency (EPA) under Lisa Jackson, who was responsible for banning bear hunting in New Jersey, is now considering a petition by the Center for Biological Diversity (CBD) – a leading anti-hunting organization – to ban all traditional ammunition under the Toxic Substance Control Act of 1976, a law in which Congress expressly exempted ammunition. If the EPA approves the petition, the result will be a total ban on all ammunition containing lead-core components, including hunting and target-shooting rounds. The EPA must decide to accept or reject this petition by November 1, 2010, the day before the midterm elections.
Today, the EPA has opened to public comment the CBD petition. The comment period ends on October 31, 2010.
...
NSSF urges you to stress the following in your opposition:
* There is no scientific evidence that the use of traditional ammunition is having an adverse impact on wildlife populations.
* Wildlife management is the proper jurisdiction of the U.S. Fish and Wildlife Service and the 50 state wildlife agencies.
* A 2008 study by the U.S. Centers for Disease Control and Prevention on blood lead levels of North Dakota hunters confirmed that consuming game harvested with traditional ammunition does not pose a human health risk.
* A ban on traditional ammunition would have a negative impact on wildlife conservation. The federal excise tax that manufacturers pay on the sale of the ammunition (11 percent) is a primary source of wildlife conservation funding. The bald eagle’s recovery, considered to be a great conservation success story, was made possible and funded by hunters using traditional ammunition – the very ammunition organizations like the CBD are now demonizing.
* Recent statistics from the United States Fish and Wildlife Service show that from 1981 to 2006 the number of breeding pairs of bald eagles in the United States increased 724 percent. And much like the bald eagle, raptor populations throughout the United States are soaring.
Steps to take:
1. Submit comment online to the EPA.
2. Contact Lisa Jackson directly to voice your opposition to the ban:
Lisa P. Jackson
Administrator, U.S. Environmental Protection Agency
1200 Pennsylvania Ave., NW
Washington, DC 20460
(202) 564-4700
Fax: (202) 501-1450
Email: [email protected]
3. Contact your congressman and senators and urge them to stop the EPA from banning ammunition. To view a sample letter,...

 

[Glocktogo]

Important information that you didn't post:

The original petition and supporting briefs: http://www.regulations.gov/search/Regs/home.html#docketDetail?R=EPA-HQ-OPPT-2010-0681

The link for where to comment on the petition: http://www.regulations.gov/search/Regs/home.html#submitComment?R=0900006480b3974b

The NSSF statement that

If the EPA approves the petition, the result will be a total ban on all ammunition containing lead-core components, including hunting and target-shooting rounds.

is not entirely correct. It would apply to component shot and bullets (still VERY bad for those of us who reload). From page 58 of the petition:

A. Authority to Regulate Lead Shot and Bullets
Lead used in shot, bullets and sinkers is a “chemical substance” falling within the scope
of the Act (15 U.S.C. § 2602(2)(A)).1 Although certain substances are excluded from the
definition of “chemical substances,” these exclusions do not apply to lead shot or bullets
(15 U.S.C. § 2602(B)). Section 2602(B)(v) excludes from Act regulation “any article the
sale of which is subject to the tax imposed by section 4181 of the Internal Revenue Code
of 1986.” Section 4181 of the Internal Revenue Code taxes firearms, shells, and
cartridges (26 U.S.C. § 4181). However, shot and bullets are not subject to this tax. In
fact, a 1968 Revenue Ruling states, “The manufacturers excise tax imposed upon sales of
shells and cartridges by section 4181 of the Internal Revenue Code of 1954 does not
apply to sales of separate parts of ammunition such as cartridge cases, primers, bullets,
and powder” (Rev. Rul. 68-463, 1968-2 C.B. 507 (emphasis added)). This ruling has
been confirmed by subsequent administrative decisions (See, for example, Fed. Tax
Coordinator ¶ W-2911(2d.)). Because shot and bullets, as separate parts of ammunition,
are not taxed under section 4181 of the Internal Revenue Code, the section 2602(B)(v)
exception of TSCA does not apply. Thus, lead shot and bullets are properly classified as
“chemical substances” subject to TSCA regulation.

The petitioners are asking that the EPA ban lead bulleted ammunition:

VI. DESCRIPTION OF FEDERAL REGULATIONS REQUESTED
Petitioners request that the EPA issue a proposed rule under section 6(a) of TSCA to
prohibit the manufacturing, processing, and distribution in commerce in the United States
of lead ammunition (including bullets and shotgun pellets) and lead fishing tackle
(including sinkers, jig heads, weights, and all other fishing tackle).

but the EPA's hands are tied on loaded ammo due to this:

15 U.S.C. Chapter 53 Subchapter I § 2602(2)(B)(v) any article the sale of which is subject to the tax imposed by section 4181 of the Internal Revenue Code of 1986 [26 U.S.C. 4181] (determined without regard to any exemptions from such tax provided by section 4182 or 4221 or any other provision of such Code), and

As the NSSF is correct in asserting, loaded ammunition is exempt from EPA regulatory oversight because it is subject to an excise tax under 26 U.S.C. 4181 of the IRS code.

When commenting on proposed rulemaking, please keep your comments professional and fact based. Irrational tirades harm, not help the defeat of bad rules. For you fishermen, this attempt to ban lead also covers fishing sinkers.

 

[buckeye]

Ha. I knew this was coming.

 

[Shadowrider]

I'm kinda glad in a way. Their timing is almost perfect! They are committing political suicide. The only thing surprising about this is that they are stupid enough to actually try it.

 

[CASTRATE]

let me guess, they're also going to try to ban the lead weights used for balancing tires

 

[Shadowrider]

let me guess, they're also going to try to ban the lead weights used for balancing tires

A lot of Europe has. Don't think it won't happen here too. The sentiment is that lead is just too dangerous. They don't want to admit that it is present everywhere in the soil all over the earth. Granted the levels vary but it's still there.

And wasn't the demise of the Kommiefornia condor being attributed to lead debunked years ago?

 

[Strokin04]

Is the NRA or any other groups going to stand up to this proposed ban? If so I might need to join them and show my support, along with sending a email...

 

[Bierhunter]

Typical gov't. I guess the people writing that up didn't have good parents.

See....my parents always taught me to put things back where they came from when I was done using them.

So...I'm just putting the lead back where it came from into the ground. It's the polite and responsible thing to do.

 

[cinman14]

Is the NRA or any other groups going to stand up to this proposed ban?

 

[kerryt1]

The EPA should be abolished and reformed without any power except enforcing laws- no policy making ability at all. Or better yet, abolished.