Thursday, July 19, 2007


Jul. 19, 2007 (McClatchy-Tribune Regional News delivered by Newstex) --
This is a quick and scary little story. Quick because the ending changed even while it was being written, scary because of what almost happened.

In April, the Occupational Health and Safety Administration proposed revisions to its rules governing explosives, small arms ammunition, and reloading components that probably would have brought the retail sale of ammunition and reloading supplies to an end.

One rule would have severely restricted sporting goods dealers on the number of items they could display. The limits were so out of touch with the actual range of products currently available that they were the equivalent of telling a grocer he could display no more than one each of 20 different vegetables. Another proposal could have been be interpreted to prohibit the stocking of firearms if the retailer also sold ammunition.

There was a requirement that anyone approaching within fifty feet of ammunition or reloading components be searched for lighters, matches, or anything else that could create a spark or flame. Big retailers might have hired 'friskers' assist the 'greeters' at their door. Little retailers might have just let Joe the stock boy do it.

The new rules called for evacuating any retail store selling ammunition if a thunderstorm was approaching. Stores big enough to have a public address system might have announced, 'Attention shoppers and staff, please exit immediately. Do not bring items to the checkout. All registers are closed. Evacuate immediately. Don't panic.' Small stores might need to let Joe the stock boy run through the aisles yelling 'Get out. Get out. Don't panic.' Apparently, OSHA believed everyone would be safer outside during a thunderstorm.

There were also changes which would have seriously impacted the shipment of ammunition. For example, a delivery would have to be unloaded by a person trained or experienced in handling explosives. Joe the stock boy wouldn't be qualified. He would need to stay out of the way -- and keep his fingers in his ears.

And then there's my favorite. The driver of a truck carrying ammunition or components couldn't stop to answer a call of nature if a relief driver (no pun intended) wasn't available to stay with the vehicle. Do Kenworth trucks have vinyl upholstery?

All of theses rules are easy to make light of, but the heavy fines attached to violations and the heavier costs attached to compliance would have put most sporting goods stores out of business and made most common carriers unwilling or unable to accept shipments of ammunition or components. One industry estimate of compliance cost came in at $400 million. OSHA had calculated $1.3 million.

Public comment on the changes was scheduled to end on July 12, and with less than two weeks to go, OSHA had fewer than 20 comments. Most of the businesses, industries, and sportsmen affected were unaware of what was about to happen. This was coming in under the radar.

Then word got out on the Internet about the proposal. Several thousand negative comments poured in. Shooters and hunters called, wrote, and e-mailed their Representatives and Senators. Congressman Doug Lamborn, R--Colo., and 25 other Representatives wrote a strongly worded letter of objection to the Secretary of Labor, Elaine Chao. Representative Dennis Rheberg R-Mont., proposed an amendment to the Labor Department's funding bill that would have denied OSHA money to enforce the new regulations. All of this happened in fewer than two weeks, and on July 9, OSHA suddenly extended the comment period until September 10.

On Tuesday, OSHA withdrew their proposed regulations and stated in a letter written by the Assistant Secretary of Labor for Intergovernmental Affairs, Kristine Iverson 'It was never the intention of OSHA to block the sale, transportation, or storage of small arms ammunition and OSHA is taking prompt action to revise this NPRM [Notice of Proposed Rule Making] to clarify the purpose of the regulation.'

Did sportsmen dodge a big bullet? You bet.

You might think that glad-handing, money-waving lobbyists and special interest groups like the NRA led this battle -- but it didn't happen that way. The proposed rule changes had been open for public comment since early April. and the 'big guys' supposedly watching out for hunters, target shooters, and sportsmen in general were blissfully unaware of them. This time, the big guys were led into battle by the grassroots action of the little guys (and gals) forwarding comments to OSHA and motivating their Representatives to stop a bureaucratic fiasco.

The little guys have that kind of clout because they show up in two places, the ballot box on Election Day and the U.S. Treasury every day. They pay an 11 percent excise tax on all their toys, everything from firearms and ammunition to fly rods. The Treasury collects $3.5 million a day from them. Above and beyond the taxes, they contribute $20.5 billion a year to the US economy.

Really, the big guys are a lot like Joe the stock boy. They just carry the clout around and swing it when they're told to.

Newstex ID: KRTB-0313-18254572


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