11Bravo
03-16-09, 23:03
Sorry for the caps and a subject that is connected to firearms only by the ATF, but I am STOKED!!!
See, I am a rocketeer and about 12 or 13 years ago or so the two main rocketry organizations in the US had to sue the ATF.
The propellant we use is ammonium perchlorate composite propellant (APCP). Now, there is a legal definition of what constitutes an explosive based on how fast a sample of whatever burns; slower than the threshold and it is NOT an explosive, faster and it is. Well, APCP burns nowhere near that fast, but ATF decided to summarily call it an explosive anyway; just because they could. Gasoline and flash paper both actually burn faster then APCP. That decision required that we jump through our asses to possess and use the motors. Class IV magazines, Low Explosive Users Permits, blah, blah, blah...
Almost two years ago, the Honorable Reggie B. Walton (same federal judge that had the Scotter Libbey case) said he was close to a decision and asked for a last round of motions and the paperwork to support them. Well, the ATF submitted something like 2700 pages of BS and swamped him. The document contained and relied on information that had already been shown to be incorrect. It had graphs that were logarithmic in one axis and not the other and had no explanation of that (sorry for that if you're not mathematically inclined). Basically, they piled it on thick and heavy and hoped he wouldn't be able to see through it or get out of it and would side with them just to be safe.
They had played dirty along the way too. They trolled our forums. They changed definitions at will. They harassed people (not a bad as the firearms guys though).
He had thought that he might get around to an opinion by July of '07.
Yeah right.
Well, in FEB of this year he announced that an update hearing would be held last Friday, the 13th. Our council indicated that they were encouraged by what he said. He said he had all the information he needed and was inclined to side with us but not to expect anything until sometime in April or May. It's been an apprehensively giddy weekend for us.
Today he dropped a bombshell.
Accordingly, it is hereby
ORDERED that the plaintiffs' motion for summary judgment is GRANTED.
It is further ORDERED that the defendant's motion for summary judgment is DENIED.
It is further ORDERED that the defendant's decision to classify APCP as an explosive under 18 U.S.C. § 841(d) is VACATED.
It is further ORDERED that the remaining counts of plaintiffs' third amended complaint are DISMISSED as moot and therefore this case is dismissed in its entirety.
SO ORDERED this 16th day of March, 2009. _________/s/______________ REGGIE B. WALTON United States District Judge
So just when I'm starting to get to the bottom with my hopes about what is coming down the road here in the US, I get some good news and rebuild at least a bit of hope.
So http://grburnett.us/webtricks/moon.gif ATF.
See, I am a rocketeer and about 12 or 13 years ago or so the two main rocketry organizations in the US had to sue the ATF.
The propellant we use is ammonium perchlorate composite propellant (APCP). Now, there is a legal definition of what constitutes an explosive based on how fast a sample of whatever burns; slower than the threshold and it is NOT an explosive, faster and it is. Well, APCP burns nowhere near that fast, but ATF decided to summarily call it an explosive anyway; just because they could. Gasoline and flash paper both actually burn faster then APCP. That decision required that we jump through our asses to possess and use the motors. Class IV magazines, Low Explosive Users Permits, blah, blah, blah...
Almost two years ago, the Honorable Reggie B. Walton (same federal judge that had the Scotter Libbey case) said he was close to a decision and asked for a last round of motions and the paperwork to support them. Well, the ATF submitted something like 2700 pages of BS and swamped him. The document contained and relied on information that had already been shown to be incorrect. It had graphs that were logarithmic in one axis and not the other and had no explanation of that (sorry for that if you're not mathematically inclined). Basically, they piled it on thick and heavy and hoped he wouldn't be able to see through it or get out of it and would side with them just to be safe.
They had played dirty along the way too. They trolled our forums. They changed definitions at will. They harassed people (not a bad as the firearms guys though).
He had thought that he might get around to an opinion by July of '07.
Yeah right.
Well, in FEB of this year he announced that an update hearing would be held last Friday, the 13th. Our council indicated that they were encouraged by what he said. He said he had all the information he needed and was inclined to side with us but not to expect anything until sometime in April or May. It's been an apprehensively giddy weekend for us.
Today he dropped a bombshell.
Accordingly, it is hereby
ORDERED that the plaintiffs' motion for summary judgment is GRANTED.
It is further ORDERED that the defendant's motion for summary judgment is DENIED.
It is further ORDERED that the defendant's decision to classify APCP as an explosive under 18 U.S.C. § 841(d) is VACATED.
It is further ORDERED that the remaining counts of plaintiffs' third amended complaint are DISMISSED as moot and therefore this case is dismissed in its entirety.
SO ORDERED this 16th day of March, 2009. _________/s/______________ REGGIE B. WALTON United States District Judge
So just when I'm starting to get to the bottom with my hopes about what is coming down the road here in the US, I get some good news and rebuild at least a bit of hope.
So http://grburnett.us/webtricks/moon.gif ATF.