[BProckets] CPSC trying to stop chemical sales

[Mike]

Thats does suck, I was once into making firewoks but stopped because they
would not ship anything usefull over the border. For bp rockets most of the
chemicals are not a problem to get so far but there have been some
restrictions on ammonium nitrate sales. Its clear that we are slowly losing
our rights and freedoms. Soon there will be no such thing as illegal search
and seizure. Its funny that smoking kills so many people every year and yet
they have never even considered banning sale of those.
----- Original Message ----- 
From: "Cats yahoo" <yahoo at tigerfiles.com>
To: <r-bp at yahoogroups.com>; "'Black Powder rockets discussion list'"
<bprockets at amateurrocketry.com>
Sent: Saturday, December 04, 2004 9:57 AM
Subject: [BProckets] CPSC trying to stop chemical sales


> Just called Firefox and unfortunately hey confirmed this to be true.
>
>
> >From rec.pyrotechnics:
>
> Dear Pyro Hobbyists:
>
>   This is Danny Clark, past President of the Crackerjacks.  On behalf of
the
> Fireworks Foundation and the pyro community, I desperately need to ask for
> your help on a serious situation that directly affects the pyro hobby.
>
>   Firefox was served a summons to sign a decent decree that effectively
says
> that they must stop selling most oxidizers and fine mesh metals to non-ATF
> permit holders.  If they fail to sign, they have been ordered to appear in
> court.  ATF rules do not forbid hobbyist manufacture in states where it is
> not prohibited.  ATF rules do not forbid sales of these chemicals.
>
>   If the CPSC is successful, Firefox, Skylighter and the other chemical
> suppliers will be out of business.  Hobbyist manufacture of fireworks will
> be gone.  This is a VERY serious situation.
>
>   The Fireworks Foundation has formed a legal team to analyze and defend
the
> situation.  This defense team needs funding.  They may also need support
in
> the form of letters.
>
>   I am asking each pyro hobbyist to make a donation of whatever amount you
> can afford.  If you can give even a $1, it is appreciated.
>
>   In a few days there will be a website for news regarding this situation.
> It will also list all of those companies, clubs, and people that have made
> pledges/donations above $1000.  Therefore, please send me an email when
you
> make a pledge.  Send actual payments
> to:
>
> Mike Swisher
> Treasurer-Fireworks Foundation
> 14511 Olinda Blvd. N
> Stillwater, Minnesota 55082
>
> Make checks payable to THE FIREWORKS FOUNDATION
>
> Note on each check whether the contribution is designated for the
"Chemical
> Defense Fund" or "General Foundation Use"
>
> Below are the unedited details as they have been presented by Gary and
Diane
> of FireFox.
>
> Danny Clark
>
> -------------------------------------
>
> Begin message to John Steinberg from Firefox:
>
>
>
> John,
>
> The time has come to start the fund raisers, and we appreciate your
> willingness to help us.
> We were hoping that we would not have to write this letter, but
> unfortunately all of our attempts to negotiate with the CPSC have failed.
On
> Monday last we were served with a Summons to either sign the Consent
Decree
> that was attached or appear in court. After reading through the new
proposed
> Consent Decree, we have come to the conclusion that to sign it we would in
> fact be putting an end to our business, as we could not survive with such
a
> devastating blow in sales by eliminating these items from sales as stated
in
> this Decree.
>   This is a brief summary of their decree; No sales whatsoever on the
> following items unless the customer has an ATFE manufacturing permit; any
> Chlorate compound, Magnesium Metal (all), Permanganate compound, Peroxide
> compound, Zirconium Metal, or any listed in 16 C.F.R. 1507.2.
> No
> sales on the following to anyone that does not posses a ATFE Manufacturing
> Permit, the following partial size in less than 100 mesh, Aluminum and
> Aluminum Alloys (all of them), Magnesium Aluminum Alloys, Titanium Alloys
or
> Zinc Metal. No sales on the following items to anyone that does not posses
a
> ATFE Manufacturing Permit in quantities  greater than 1 LB per year,
> Antimony and Antimony Compounds, Benzoate Compounds, Nitrate Compounds,
> Perchlorate Compounds, Salicylate Compounds or Sulfur. No sales on any
Fuse
> greater than 25' per year per customer who does not posses a ATFE
> Manufacturing License.
>   As you can see this covers virtually ALL OXIDIZERS and most of the
> commonly used fuels. This will effectively put us and all other suppliers
> out of business and with us, the clubs.
>   The ATF tells us that hobby fireworks for your own use and not for
resale
> is legal without permits in most cases (you still need an ATFE to purchase
> time fuse if you are making shells and black powder).
> However, you
> do have to store the completed devices properly according to their specs
> (magazine) but if you do not have an ATFE you do not need to register the
> magazine with ATF. You just need one constructed according to their specs
> should they have reason to visit you and you do need to keep magazine
> records. The CPSC does not care about this. It looks to us like they are
> trying to get these chemicals listed on the FHSA (fed hazardous substance
> act). If they do, these items are GONE!
> As you know we have been willing to do our part in controlling those that
> wish to make illegal devises, as they are the ones that make it hard for
all
> of us that strive to follow the regulations and keep this hobby alive.
> We do
> not sell "combination orders" for flash without an ATFE but the CPSC has
> broadened their language as to what is a combination order. They now state
> that anyone who orders the materials that can be used to make salutes,
even
> separately and/or over any period of time and even if not all of the
> materials it takes to make them was ordered, again even over any period of
> time would be in violation of the FHSA. One example is an order for
> potassium chlorate or perchlorate and paper tubes! Another would be an
order
> for 250 ft of fuse, etc. etc..
> We both wish that we could fight this alone without asking for any help,
but
> unfortunately we do not have enough finances to do that, so we are turning
> to you and humbly asking you to help us with this. It does not matter who
> you purchase your materials from. If we loose this battle all the other
> suppliers will fall as well and they know it. It is time to rally all the
> support we can to get through this.  Please help  us and your hobby by
> addressing as many supporters as you can to come to our aid.
> We have been in contact with our attorney (Doug Mawhorr) and he is very
> positive that we will have a good chance of this going our way with some
> restrictions of course.
> Gary and I both would be devastated to see this hobby come to a halt, so
no
> matter how much it takes mentally and physically we will do this so that
> hopefully years from now we are able to enjoy this hobby with our
> grandchildren as we do today.
> So, it is time to start the fund raisers, rally the troops and even some
> letters can help. We need to educate the court on what these materials are
> used for legally and that they are not just used or intended for illegal
> production and/or sale. Any comments or letters we can present the court
> would help. I believe the key to this is education.
> We appreciate all your continued support,
>
> Gary and Diane
>
>
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