Rocket Hobbyists Prevail Over Feds In Court Case

Ellis D. Tripp writes "DC District Court judge Reggie Walton has finally ruled in the 9-year old court case pitting the model rocketry community against the US Bureau of Alcohol, Tobacco, Firearms and Explosives. The ruling is a 'slam dunk' for the rocketry community, stating that the BATFE ignored scientific evidence and overstepped its bounds by classifying ammonium perchlorate composite propellant (APCP) as an 'explosive.' Effective immediately, the BATFE has no legal jurisdiction over hobby rocket motors, and a federal Low Explosives User's Permit will no longer be needed in order to purchase APCP motors. The full text of the Judge's decision is reproduced at the link."

Comments

second amendment rights

[fermion]

People obsess over their right to bear arms, and I do no dispute the inherent importance of killing an animal or blowing off the head of your fellow person, but how long has it been since such primitive weapons as promoted by the NRA has actually really defended a country. The Iraqis defended themselves with IED. The Israeli's depend on missiles. In both cases an understanding of explosives is important, and in the later case the people must understand rocketry. sure, in some sense the NRA is right. If there is enough cannon fodder around with simple to use guns, of the type they support, battles can be won. This is proved by the weapons smuggled into Mexico from the US and used against the Mexican legal authorities. But really, such things are toys and the people who obsess over them are just playing games. The real action is rocketry, and anyone who infringes on our right to practice rocketry is risking the security of the free state.

Let the toy soldiers wear their camouflage underwear and play with their guns. Those of us in the know see the key in chemistry, physics, and the willingness to build a gadget that will solve the problem. For better or worse.

Re:second amendment rights

[Ortega-Starfire]

>The law of unintended consequences strikes again. If you tell criminals that everyone is armed and dangerous then they will shoot first. Instead of getting mugged or robbed you will get murdered and looted. Guns will be easier to steal. More crimes of passion will result in death.

Bullshit. Look at states that have enacted shall issue conceal carry permit laws. Violent crime goes down. Look at Illinois, which has the highest "gun control" laws in the nation, and has one of the highest if not the highest rate of gun crime in the USA. This statement of yours was made by the gun control activists in every state where shall issue CC laws were passed. This unintended consequence everyone feared NEVER HAPPENED.

>Furthermore, I wonder why it's so important to score the kill. Why can't you arm yourself with a nonlethal weapon? Is the additional security of a gun really worth the added risk? I suspect that hormones are playing a larger role than reason in the minds of those who feel they need their gun for protection.

Non-lethal weapons have a tendency to not work on everyone. Bullets work on everyone. People who get permits to carry weapons concealed go over the legal uses of lethal force in a class they have to take before they can have said permit and those people overall have a very good record of only using lethal force when appropriate.

If you create a non-lethal weapon that does work on everyone with a higher success rate than small arms do, give the police and military a phone call, they'd all be very interested, as would gun owners that carry for self defense.

Re:Wow

[Anonymous Coward]

The large 5 five foot long 6" in diameter rocket motors that you are talking about are only done by professionalsm, are extremely rare, and are generally not for sale to the public. Before launching something of that size, there are other agencies that have to be coordinated with such as the FAA who require distances, maps, trajectories and all sorts of information. I am not up to that level yet, but I'm close to that level. The biggest concern for the rocketry community with this lawsuit is that people were not able to aquire a rocket motor because of the paperwork involved in getting the license. Many people simply couldn't because they lived within 75 feet of a neighbor.
My biggest thrill was watching us give a demonstration to the ATF when they visited us, we lit the rocket motor (or explosive as they refer to it) and then watched all these agents lean forward to look at this thing on the ground that was burning like a road flare.

I've been dreaming of this day

[SpartaChris]

Man, what a great day. It reminds me of the quote by Margaret Meade: "Never doubt that a small group of people can change the world. Indeed, it is the only thing that ever has." The more important issue is that a Federal Judge just told a government agency that they were no longer allowed to impede on the rights and freedoms of private citizens "just because." So while it's a tremendous day for rocketry, it's also a great day for the American People at large.

This was a smackdown

[NemoinSpace]

I found this to be a hollow victory. The bureaucrats at ATF were just too full of themselves to respond to the order of the court to clarify themselves the first time. So when they came back and told the Judge "we've explained enough" the Judge sent them packing. They came this '' close to making criminals of 12 year olds. They won't make the same mistake next time...(but their asshole lawyers probably will)

United States Court of Appeals, District of Columbia Circuit. - 437 F.3d 75 In defense of its unbounded comparative analysis, ATFE insists that it had no burden to make more particularized findings. The agency concedes that it "certainly could have conducted experiments or otherwise researched burn rates specific to APCP used in model rocket motors to bolster its conclusion that APCP is capable of deflagration," but claims that "nothing in the OCCA or the APA required it to do so." ATFE's Br. at 15. Unsurprisingly, then, rather than resting on concrete evidence to support its judgment, ATFE simply points to evidence relating to the properties of "rocket propellants" and claims deference on the basis of its presumed technical expertise and experience. The purported evidence cited by the agency does not support its determination in this case, and the cry for deference is hollow.

Re:Wow

[Brett Buck]

Those are not being used by professionals and certainly ARE available for sale to the public. I have been to plenty of HPR launches and "professional" is not part of the equation.

      I am not arguing the BATFE case because I think they were wrong. But with this decision, the only policing to be done will be self-policing by Tripoli and NAR. And my actual point is that the original poster trivialized the entire issue. It's arguable point, but it's not trivial.

        After having seen numerous LMR and HPR models shot through civilian roofs, carports, leave large divots in blacktop, and generally shot into uncontrolled areas and over crowds, with full oversight from the NAR and Tripoli, I really don't think self-policing is viable. I mentioned this on rec.models.rockets a few years ago and nearly got lynched, I briefly exchanged emails with Mark Bundick on the topic, but while several people saw the issue, the LMR/HPR crowd seems bound and determined to keep going until they kill someone, and I wasn't about to tilt at that windmill.

        Brett

Re:In other news

[rubycodez]

no, the Waco Siege pretty much proved that lies and unsubstantiated rumors about non-existent full-automatic weapons and underage brides can summon a mass-murderer like Janet Reno with homicidal goons to use incendiaries to start fires and gun down those that try to flee.