Free Markets, Free People

ammunition

If you can’t do it by law, do it by regulatory fiat

And the EPA seems to be the regulatory agency most bent on doing just that.   Attempting to regulate carbon emissions, apparently, isn’t enough for the EPA.  Now, it has decided, it may want to ban lead ammunition:

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.

Note the emphasized portion of the cite (emphasis mine).  Now that would tell me, as a regulator, that this is outside the scope of my regulatory power to ban, or even address in any meaningful way.

Yet the EPA has decided that it does indeed have the power to do what the law forbids.

It is yet another example of government refusing to obey its own laws (ICE’s refusal to detain and deport illegal aliens found in traffic stops being another recent example).

This is being driven by an agenda, not law.  And this goes to the heart of the question of whether we’re a nation of laws or a nation of men who can arbitrarily deicide what laws to follow or not, according to their agenda (and the power they hold).

The National Shooting Sports Foundation points out:

* 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.

The EPA is accepting comment on this petition now.

If you’re so inclined you can include yours here.

Be respectful but be blunt – the law forbids this – back off.

~McQ

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