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CDMichel
01-15-2010, 10:11 AM
ARIZONA: NRA WINS RIGHT
TO DEFEND HUNTERS AGAINST LAWSUIT SEEKING TO BAN LEAD AMMUNITION

January 14, 2010

Phoenix, Az. - Judge Paul G. Rosenblatt has ruled that the NRA has a right under federal law to intervene in a lawsuit filed, in the plaintiff’s own words, as part of a campaign “to ban the use of lead bullets[.]” NRA will now be able to defend hunter’s rights against the claims of extremist environmental groups that filed the lawsuit.

The lawsuit, filed January 27, 2009, by the Center for Biological Diversity (CBD), alleges that the U.S. Bureau of Land Management and the U.S. Fish & Wildlife Service (BLM, FWS) are illegally mismanaging federal lands in Arizona. CBD’s lawsuit claims that California condors in Arizona are becoming ill or dying as a result of eating lead in scavenged game shot by hunters using lead shot or bullets. Based on that claim, CBD contends BLM and FWS are violating the Endangered Species Act by allowing hunters to use lead shot and bullets in areas where California condors may feed. CBD also contends BLM and FWS violated federal law by making land management decisions without considering the potential impact on local wildlife that supposedly results from authorized activities like off-road vehicle use and livestock grazing.

The Judge’s ruling addresses each of the requirements for intervention “as of right,” citing evidence that plainly shows NRA has a right to become a party to CBD’s lawsuit to protect the right to hunt in the area. Specifically, Judge Rosenblatt held that NRA has a “significantly protectable interest . . . in protecting hunting rights[;]” intervention of right cannot occur unless this type of interest is established. The Judge also held that the resolution of CBD’s lawsuit may impair NRA’s ability to protect its interest in protecting hunting, noting NRA’s contention that CBD’s lawsuit could result in an injunction or settlement that restricts the use of lead-based ammunition. Finally, the Judge confirmed that current defendants to CBD’s lawsuit (BLM, FWS) do not adequately represent NRA, stating that “[t]he NRA is focused on the hunting aspect and protecting its members’ rights and all hunters’ rights to hunt with lead ammunition . . . . This is not the objective of the current Defendants.”

NRA is especially interested in defending against CBD’s lawsuit because California condors were introduced to Arizona based in large part on express promises by FWS, among others, that the reintroduction of condors would not be allowed to impact hunting.

Copies of the Court’s Order of January 13, 2009, and the filings upon which it is based, are posted at www.calgunlaws.com.

ElvenSoul
01-15-2010, 10:39 AM
Hope it goes to the Supreme Court and they win. End this stupidity once and for all.

8-Ball
01-15-2010, 10:46 AM
NRA is especially interested in defending against CBD’s lawsuit because California condors were introduced to Arizona based in large part on express promises by FWS, among others, that the reintroduction of condors would not be allowed to impact hunting.


Bastards...

taloft
01-15-2010, 12:50 PM
I hope the NRA crushes them.

bwiese
01-15-2010, 12:53 PM
I hope the NRA crushes them.

One of the guys working with us took down the FBI's faulty logic ("assume small lead batches are equal=> therefore guilty") ballistic testing.

sbrady@Michel&Associates
01-15-2010, 3:52 PM
One of the guys working with us took down the FBI's faulty logic ("assume small lead batches are equal=> therefore guilty") ballistic testing.

For those who are interested in reading the report of the expert Bill is referring to (which completely discredits the science relied on by CBD and others), there is an article on www.calgunlaws.com that has Dr. Randich's report attached. Just go to the homepage, scroll down to where it says: "NRA/CRPA Legal Action Project Stops Expansion of Lead Ammunition Ban" and click that, and then search for the bold link: "Randich Report." In that article there are also very interesting reports from Dr. Don Saba and Anthony Canales.

This document is a public document and you do not have to register to view it, but it would be best if you did register so we can send you updates about our efforts re protection of RKBA and hunting in the future.

ElvenSoul
01-15-2010, 6:40 PM
OMG you know I just realized the gov't is contaminating foreign countries with lead (Afganistan, Iraq, and now Hati). Can't the locals now sue Uncle Sam?

damon1272
01-15-2010, 7:53 PM
Thank you Chuck for the update. Please keep us informed and keep up the great work you have been doing!

SimpleCountryActuary
01-15-2010, 8:22 PM
OMG you know I just realized the gov't is contaminating foreign countries with lead (Afganistan, Iraq, and now Hati). Can't the locals now sue Uncle Sam?

Soon the only birds in Afganistan might be Predators. :rolleyes:

hoffmang
01-15-2010, 10:17 PM
Excellent work Chuck and team!

-Gene

7x57
01-15-2010, 10:20 PM
One of the guys working with us took down the FBI's faulty logic ("assume small lead batches are equal=> therefore guilty") ballistic testing.

I have some vague memory that he's top-drawer in that field. I haven't heard of anyone on the other side but scientific lightweights.

7x57

Hunt
01-16-2010, 1:29 AM
it's all part of a conspiracy to regulate hunting out of existence. I called the Rangers office that manages the Blue Mtn Wilderness in NM and asked if it is open for hunting. He said call DFG! I guess he just got into his new job from Washington and hadn't read his own management plan.

scc1909
01-16-2010, 7:50 AM
OMG you know I just realized the gov't is contaminating foreign countries with lead (Afganistan, Iraq, and now Hati). Can't the locals now sue Uncle Sam?

Not to sound pedantic, but IIRC the military doesn't use lead-core bullets. ;)

ke6guj
01-16-2010, 2:17 PM
Not to sound pedantic, but IIRC the military doesn't use lead-core bullets. ;)

really? what are they using? AFAIK, they are still using the SS109/M855 round, which does have a lead core behind the penetrator. And the .308/.50BMG stuff has lead in it as well IIRC.

halifax
01-16-2010, 2:28 PM
So, the environmental groups are going to actually prove, with real scientific evidence, that it is the lead in bullets causing the Condor problem? No more anecdotal crap.

hoffmang
01-16-2010, 2:36 PM
One of the dirty secrets is that the non led ammo (copper) is much worse for the actual environment. It puts a whole new spin on salting the earth...

-Gene

wildhawker
01-16-2010, 2:58 PM
One of the dirty secrets is that the non led ammo (copper) is much worse for the actual environment. It puts a whole new spin on salting the earth...

-Gene

Is "non-led" ammo something akin to "prodded" ammo? :p

trautert
01-16-2010, 3:26 PM
"non-led" ammo is the unlighted stuff.
For daytime hunting, with that shoulder thingy that goes up.

WokMaster1
01-16-2010, 3:39 PM
If the NRA wins, how would that help us here in CA?

scc1909
01-16-2010, 3:43 PM
really? what are they using? AFAIK, they are still using the SS109/M855 round, which does have a lead core behind the penetrator. And the .308/.50BMG stuff has lead in it as well IIRC.

I thought the military switched to tungsten-tin core bullets about 10 years ago. In any case, I meant it as sarcasm about the "concern" over the environmental effects of lead core bullets, which I consider just so much cockamamie. What they're really after is to end hunting, and they'll lie, cheat and steal to get it.

Surf&Skeet
01-16-2010, 4:34 PM
If the NRA wins, how would that help us here in CA?

Do you hunt BLM land in California?

Do California condors reside near that land as well?

Do you think if CBD is successful in AZ they will stop there and not use the same model to attack BLM land in CA?

Please don't ascribe a patronizing or condescending tone to my response to your question, as that is not my intention at all. I think yours is a legitimate question. I just think it is easiest to make my point by posing these questions.

And remember that CBD, et al. already achieved their objective here in Central CA with centerfire lead ammo. They tried to expand it to .22 rimfire and shot last year but NRA, et al. stopped them. However, that issue was before the CA Fish and Game Commission, not the federal courts, which is the case in AZ. CBD could likely return to CA and seek a similar ban on all BLM land, and maybe even push for a statewide ban through the courts. They are probably testing their strategy in AZ because they know there is no way on earth they will achieve a lead ban via any other route in a free state like Arizona.

Also, any win against radical anti-hunting groups like CBD is a win for all hunters.

Just some thoughts.

sbrady@Michel&Associates
01-20-2010, 2:06 PM
We linked additional pleadings that we left out of the original article on www.calgunlaws.com because they were not ruled on. But we think those who are interested in this case would like to see these documents, as they show CBD’s intent in this litigation via some e-mails CBD sent out to their members admitting they are trying to ban lead ammunition for hunting (contrary to their assertions). They are available on www.calgunlaws.com right now under the “Arizona: NRA Wins Right to Defend Hunters in Lawsuit Seeking to Ban Lead Ammunition” article. To see CBD’s emails you want to open the NRA’s Request to File Letter Brief Regarding Newly Acquired Evidence and scroll down to the attachments. CBD’ Opposition to NRA’s request is a good read as well. Enjoy!

Surf&Skeet
01-21-2010, 8:57 AM
Wow, with arguments like this it is a wonder how the court did not rule in CBD's favor:

But just because the Center might state in an email to its supporters
and members that it filed suit “to ban the use of lead bullets” does not mean
that the banning of lead bullets is a remedy sought in this lawsuit….

This was in response to NRA's motion pointing out to the court that CBD was sending e-mails to its members saying in plain language that CBD is using this lawsuit to ban lead ammo, when CBD claimed in their original response to NRA's that they are not trying to do so. This is a pretty funny motion by NRA and classic non-sense, enviro drivel in response from CBD. Glad to see someone is finally calling them out on this stuff.