by Safari Club International and the Sportsmen’s Alliance Foundation have filed a Notice of Intent to Sue with the US Department of Education over the department’s interpretation of the Bipartisan Safer Communities Act. That interpretation states that archery and hunter safety programs in schools are ineligible for Federal funding as a result of the 2022 law.
From the Office of Elementary and Secondary Education FAQ released in April 2023 on the Bipartisan Safer Communities Act:
D-1. May Stronger Connections funds be used to arm teachers or other individuals,
or to provide training in the use of weapons?No. Section 13401 of the BSCA amended Section 8526 of the ESEA to prohibit the use of ESEA funds, including those under Stronger Connections, to provide to any person a dangerous weapon or training in
the use of a dangerous weapon. A “dangerous weapon” as defined in section 930(g)(2) of title 18 of the United States Code is a weapon, device, instrument, material, or substance, animate or inanimate, that
is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocketknife with a blade of less than 2 1/2 inches in length. Accordingly, funds may not be used, for example, to purchase a firearm or to train teachers to use a firearm.
SCI and the Sportsmen’s Alliance Foundation filed the Intent to Sue on Friday, August 11th. They argued that the Department of Education’s interpretation was “arbitrary and capricious”, contrary to law, violated the Administrative Procedures Act, and misconstrued the intent of Congress. The Notice of Intent to Sue gave the Department 10 days to respond or a suit would be filed seeking to correct the misinterpretation of the law.
A number of House Republicans have sent a letter to Education Secretary Miguel Cardona objecting to the Department’s interpretation of the law. Spearheading the move were House GOP Conference Chair Elise Stefanik (R-NY), Education and Workforce Committee Chair Virginia Foxx (R-NC), and Rep. Richard Hudson (R-NC). Three sponsors of the Bipartisan Safer Communities Act in the Senate – Kyrsten Sinema (D-AZ), John Cornyn (R-TX), and Thom Tillis (R-NC) have likewise said the Department is misinterpreting the the law.
Rep. Mark Green (R-TN) has introduced H.R. 5110 to amend the Elementary and Secondary Act of 1965. The bill would clarify “that the prohibition on the use of Federal education funds for certain weapons does not apply to the use of such weapons for training in archery, hunting, or other shooting sports.” That bill was introduced on August 1st and currently has 26 co-sponsors including one Democrat (Rep. Mary Peltola of Alaska). The bill has been referred to the House Education and Workforce Committee.
I am happy to see that SCI and the Sportsmen’s Alliance Foundation has stepped up. Likewise, I am glad some in Congress want to make a correction. I will also say that none of this would have been an issue if a number of RINO Republicans in both the House and Senate hadn’t caved to pressure from the gun control industry to “do something”. I thought it was foolish then and I think it remains so today.
You can read the full Notice of Intent to Sue below:
2023-08-11-Notice-of-Intent-to-Sue-4