From: [k--ff--r] at [io.com] (koffer) Newsgroups: talk.politics.guns Subject: ATF response to my letter Date: 13 Jan 1995 17:31:05 GMT [ Article crossposted from rec.models.rockets ] [ Author was koffer ] [ Posted on 13 Jan 1995 17:29:37 GMT ] I am posting the contents of a letter I received from the ATF after I inquired why the bureau was restricting the use of model rocket motors containing more than 62.5 grams of propellant. As a public rebuttal, my comments can be found between the brackets (i.e. "[" and "]") in the following text. ------------------------------------------------------------- Jan 4, 1995 Dear Mr. Offer: This is in response to your inquiry dated September 4, 1994, to Senator Hutchison regarding model rockets. You have expressed concern with the regulation of model rockets by the Bureau of Alcohol, Tobacco and Firearms (ATF). ATF is responsible for enforcing the provisions of the Organized Crime Control Act of 1970, including its licensing, recordkeeping, and storage provisions. [ Model rocketry enthusiasts are many times organized, but not for the purposes of committing crimes. ] Pursuant to the enactment of this legislation, explosive regulations are developed and published that do not place any undue burdens upon citizens. [ ...except if you happen to be into high-power model rockets, right? ] Toy model rocket kits have been held by the ATF to be exempt from regulations, since enactment of this legislation. However, the propellants used in these rockets, ammonium perchloarate composite and black powder, have always been included on the explosives list which is published annually. [ Black powder can be easily manufactured by law abiding citizens, as well as terrorists. ] To ensure consistency, ATF coordinates its use of terms in our regulations with other Federal agencies and industry associations. The term "toy propellant device", formerly contained in Department of Transportation regulation 49 CFR 173.100(u), was used by ATF in determining the exemption under 27 CFR 55.141(a)(7). The 62.5 grams propellant weight limit is also referenced by the Consumer Product Safety Commission regulation 16 CFR Section 1500.85(a)(8)(u). The National Fire Protection Association Code for Unmanned Rockets (NFPA 1122) also uses 62.5 grams to define model rockets. Therefore, ATF's regulation of rocket motors containing over 62.5 grams of propellant is consistent with all Federal agencies involved as well as those States that rely on the NFPA standards for their regulations. [ Just because one or more agencies decide to define something a certain way, that does not mean the ATF has to define it that way as well. Logical arguments for the necessity of any regulation should be basis upon which it is put into effect and enforced. ] ATF is responsible for investigating violations of the Federal explosives laws. In the past ten years, ATF has conducted 285 investigations where model rocket components have been used in improvised explosives and incendiary bombs. These bombings have resulted in 8 deaths, 39 persons injured and $885,180 in property damage. These statistics support ATF's regulation of the explosive components found in model rockets. [ Does the bureau really believe that by restricting high- powered model rockets they will PREVENT any bombings or terrorist acts? After all, what would keep your average garden-variety terrorist from using a set of smaller model rocket parts and combining the materials into larger home-made parts? For that matter, gasoline is readily available and can do far more damage than model rocket parts. Simply because something is used in a crime does not mean that it should be regulated away. Criminal behavior will not be stopped by regulating away "things." Criminals will either ignore the regulations or they will find another way to express themselves. Public safety will not be improved by such "knee-jerk" creation of regulations. ] Further, the regulation of these explosive components is consistent with the Code for High Power Rocketry, which is under development by the NFPA Pyrotechnics Committee with assistance from the National Association of Rocketry and Tripoli Rocketry Association, Inc. [ Can any member of these associations out there verify the above statement? ] We trust that the foregoing has been responsive to your request. If we can be of further assistance, please do not hesitate to contact us. Sincerely yours (Signed) John W. Magaw Director [ And another good point about this whole regulation business: doesn't the 10th amendment to the Constitution say "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." Where in the Constitution does it say that the Federal Government can stick its nose into model rocketry? ] -- /---------------------+--------------------------------------------\ | Ken Offer | "Those who would sacrifice their essential | | [k--ff--r] at [io.com] | liberty to gain a little temporary safety | | Gemini Dreams | deserve neither liberty nor safety." | | Macintosh Shareware | - Ben Franklin | +---------------------+--------------------------------------------+ | When governments fear the people, there is liberty. When the | | people fear the government, there is tyranny. The strongest | | reason for the people to retain the right to keep and bear arms | | is, as a last resort, to protect themselves against tyranny in | | government. - Thomas Jefferson | \------------------------------------------------------------------/ -- /---------------------+--------------------------------------------\ | Ken Offer | "Those who would sacrifice their essential | | [k--ff--r] at [io.com] | liberty to gain a little temporary safety | | Gemini Dreams | deserve neither liberty nor safety." | | Macintosh Shareware | - Ben Franklin | +---------------------+--------------------------------------------+ | When governments fear the people, there is liberty. When the | | people fear the government, there is tyranny. The strongest | | reason for the people to retain the right to keep and bear arms | | is, as a last resort, to protect themselves against tyranny in | | government. - Thomas Jefferson | \------------------------------------------------------------------/