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kallend

Black eye for ATFE?

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Is APCP rocket fuel an "explosive"? NAR sued ATFE in 1999 and the case has slowly wound its way through the courts.

From the Federal Appeals Court for DC:

"The problem in this case is that ATFE's explanation for its determination that APCP deflagrates lacks any coherence. We therefore owe no deference to ATFE's purported expertise because we cannot discern it. ATFE has neither laid out a concrete standard for classifying materials along the burn-deflagrate-detonate continuum, nor offered data specific to the burn speed of APCP when used for its 'common or primary purpose.' On this record, the agency's decision cannot withstand judicial review."

Full decision of the court at:

nar.org/pdf/2006OralArgumentDecision.pdf

Alcohol, Tobacco, Firearms and Explosives. OK, who's bringing the chips?
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The only sure way to survive a canopy collision is not to have one.

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I wasn't able to reach the paper... are you able to do your rocket stuff again now without them messing with you?



Not yet, case referred back to district court for final decision. Looks like ATFE will not be able to prove their case now, though, since there's been a lot of evidence presented that APCP is NOT explosive (if you put a detonator in it and set it off, the APCP doesn't even burn let alone explode), and ATFE's entire case was "we are the experts and we say it is explosive". The appeals court told them to stuff that.
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The only sure way to survive a canopy collision is not to have one.

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even without your petty little matter, the ATF looks pretty ugly.



Yeah, the stupid stunts they pull in gun prosecutions has been going on for decades. Some of it would make this rocket motor matter look like peanuts.



Peanuts or not, be pleased that someone took them on and appears to have prevailed.
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The only sure way to survive a canopy collision is not to have one.

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even without your petty little matter, the ATF looks pretty ugly.



Yeah, the stupid stunts they pull in gun prosecutions has been going on for decades. Some of it would make this rocket motor matter look like peanuts.



Peanuts or not, be pleased that someone took them on and appears to have prevailed.[/reply
...........................................................................

Amen to that....I wish they were put in their place more often. I heard the ATF even has it's own air force.

Sounds to me like a bunch of really bored people just waiting to pounce on somebody....Steve1

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the batf and all other alphabet agencies are in existence because of two reasons 1. they are all formed under international law and 2. they are all agencies of the UNITED NATIONS
we are all one consciousness experiencing itself subjectively


wishers never choose, choosers never wish

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the batf and all other alphabet agencies are in existence because of two reasons 1. they are all formed under international law and 2. they are all agencies of the UNITED NATIONS



??????
Mike
I love you, Shannon and Jim.
POPS 9708 , SCR 14706

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ATFE's entire case was "we are the experts and we say it is explosive". The appeals court told them to stuff that.



Now *THAT'S* been long overdue!!! B|


Well, it took years but the judge finally threw out the ATFE's case and ATFE capitulated.

APCP is NOT an explosive.

Letter attached.
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The only sure way to survive a canopy collision is not to have one.

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I love this part

"ATF is committed to helping licensees and permitees comply with federal explosives laws."

just like the Highway Patrol is committed to helping drivers comply with driving laws
Give one city to the thugs so they can all live together. I vote for Chicago where they have strict gun laws.

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I love this part

"ATF is committed to helping licensees and permitees comply with federal explosives laws."

just like the Highway Patrol is committed to helping drivers comply with driving laws



Right!

If ATFE had complied with federal law and its own definitions, this lawsuit would never have been needed in the first place. Sad thing is it took 10 years and $1/2M to get it resolved by the courts, on account of ATFE's delaying tactics.

All that while ATFE was collecting license fees to which it was not entitled, and requiring said license holders to waive their 4th Amendment rights.
...

The only sure way to survive a canopy collision is not to have one.

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