*Scroll for an Update*

Cyberspace yesterday looked like an all out assault against Lisa Jackson, Administrator of the Environmental Protection Agency, and the Center for Biological Diversity, the environmental, anti-American radical group who filed a petition with the EPA to ban the sale and use of lead ammunition.

I must point out that regardless of the information I will provide, I strongly suggest that everyone kick it into high gear and mount a strong campaign against this action. However, the question remains, does Lisa Jackson and the EPA have the authority, as claimed in the petition to ban lead ammunition under the Toxic Substance Control Act of 1976?

The repeated phrase everywhere I went yesterday online was that the Toxic Substance Control Act of 1976 (TSCA) exempted ammunition from this kind of regulation. Finding that exemption is not easy.

Within the TSCA, Section 3, (B), (v):

(v) any article the sale of which is subject to the tax imposed by section 4181 of the Internal Revenue Code of 1954 (determined without regard to any exemptions from such tax provided by section 4182 or 4221 or any other provision of such Code)

So where is the firearms and ammunition exemption clause? Good question. You have to go look at Section 4181 of the Internal Revenue Service Code of 1954. This code regulates the sale and taxation of firearms and ammunition.

LAW AND ANALYSIS

Section 4181 of the Internal Revenue Code imposes a tax on the sale by the manufacturer, producer, or importer of pistols, revolvers, firearms, shells, and cartridges.

Unless there are amendments and later laws passed that supersede this Act and the exemptions, I think we can safely say that the TSCA does not apply to lead ammunition.

Section 21 of TSCA does allow for citizens to petition the Administrator of the EPA for consideration of controlling a substance.

SEC. 21. CITIZENS’ PETITIONS.
(a) IN GENERAL.—Any person may petition the Administrator to initiate a proceeding for the issuance, amendment, or repeal of a rule under section 4, 6, or 8 or an order under section 5(e) or (6)(b)(2).

But what of the authority granted to the Administrator by Congress to administer this Act?

The Act clearly states in its “Findings, Policy and Intent” section at the beginning that even though it is recognized that there are and will be substances Americans will be subjected to in our lifetimes, it is the intent of Government to provide for the regulation of those substances through the manufacturers and producers. The Act also points out that, “(3) authority over chemical substances and mixtures should be exercised in such a manner as not to impede unduly or create unnecessary economic barriers to technological innovation while fulfilling the primary purpose of this Act”

The intent by Congress in passage of the Act was that:

the Administrator shall carry out this Act in a reasonable and prudent manner, and that the Administrator shall consider the environmental, economic, and social impact of any action the Administrator takes or proposes to take under this Act.

While it is the duty and responsibility of Lisa Jackson to administer this petition presented by the Center for Biological Diversity, it is my opinion that she does not have the authority to ban lead ammunition. Even though the Act clearly exempts ammunition from regulation of toxic substances, Jackson would need to, I assume with the assistance of CBD, present a very compelling case that the use of lead ammunition is posing such a health risk that it outweighs the “reasonable” considerations intended by Congress.

We cannot assume anything however, and as I said right off, that all efforts need to go into mounting a serious campaign to block this petition and send a clear message the shooting, shooting sports and gun and ammunition manufacturers aren’t going to stand for this nonsense.

*Update* I was remiss in not providing further information to assist readers who wish to submit comments or protests against this action. The National Shooting Sports Foundation has mounted a formal program that will provide people with a couple different avenues in which they can easily get involved. Simply follow this link.

*Update* Aug. 27, 6:30 p.m. EPA denies lead ban petition from CBD.

Tom Remington

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