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Type 3/Type 4 Magazine

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Chuck Pierce - 03 Mar 2004 13:53 GMT
Everyone,
I've got my paperwork in for a non-storage LEUP.  After reading the
regs, asking questions of friends and fellow LEUP/LEDP holders, and
speaking with my friendly (and I don't mean that facetiously)
neighborhood ATF inspector, I've decided that I need a small type 3
day box and a type 4 magazine, especially for multi-day rokit/road
trips.  

Okay, now that the preface is out of the way, I'd like to find a
single small magazine that meets both the specs for a type 3 day box
and a type 4 indoor mag.  I don't feel like trying to make one myself
(as I possess zero welding skills nor any welding equipment) nor do I
wish to impose on a friend to make one for me.  So, does anyone know
of a company that makes such a magazine?

Thanks,
Chuck
Signature

Chuck Pierce
NAR 78629, TRA 9308, Level 2
President, Huntsville Area Rocketry Assoc (NAR 403, TRA 80)
cpierce_AT_knology.net

EDWINDE - 04 Mar 2004 00:55 GMT
Dixie Gun Works sells a small magazine that might serve as both for you.
Ed
Kevin Trojanowski - 04 Mar 2004 02:04 GMT
> Everyone,
> I've got my paperwork in for a non-storage LEUP.  After reading the
[quoted text clipped - 10 lines]
> wish to impose on a friend to make one for me.  So, does anyone know
> of a company that makes such a magazine?

Can't help on the "dual use" box, but a friend just got an inexpensive
(Under $100) gun safe that he'd lined with masonite approved.

-Kevin
Bob Kaplow - 04 Mar 2004 03:07 GMT
>> Everyone,
>> I've got my paperwork in for a non-storage LEUP.  After reading the
[quoted text clipped - 13 lines]
> Can't help on the "dual use" box, but a friend just got an inexpensive
> (Under $100) gun safe that he'd lined with masonite approved.

I've been looking at those as well. If I didn't already have the 2 ammo
boxes, I'd definitely consider one. The pistol box is around $50 IIRC, and
should meet all the requirements. The larger rifle cabinet is $70-80, and
should easilly hold anything short of a Magnum stockpile.

    Bob Kaplow    NAR # 18L    TRA # "Impeach the TRA BoD"
        >>> To reply, remove the TRABoD! <<<
Kaplow Klips & Baffle:    http://nira-rocketry.org/LeadingEdge/Phantom4000.pdf
   www.encompasserve.org/~kaplow_r/    www.nira-rocketry.org    www.nar.org

Save Model Rocketry from the HSA!   http://www.space-rockets.com/congress.html
Kevin Rezac - 04 Mar 2004 15:52 GMT
> > Can't help on the "dual use" box, but a friend just got an inexpensive
> > (Under $100) gun safe that he'd lined with masonite approved.
[quoted text clipped - 3 lines]
> should meet all the requirements. The larger rifle cabinet is $70-80, and
> should easilly hold anything short of a Magnum stockpile.

That's what I've got and it's approved with no major modifications.

http://www.homakmfg.com/homesecuritycatalog/list.htm

I got the upright model for $80 to use a Type 4, painted the outside red,
and friction fit some plywood shelves. The mortise locks are included. The
epoxy paint on the inside was considered "non-sparking" enough for my agent.
It can easily hold 50 lbs.

I got the pistol model for transport. I put a couple of large handles on it
to make it easier to move. It cost me $40 and can easily hold 25 lbs. Also,
a three point mortise lock is included.

Kevin Rezac
Kevin Rezac - 04 Mar 2004 16:04 GMT
Whoops! I should be more specific. I got model 03660-2 for my Type 4 in the
garage, and model 0365-1 as my transportable.

Kevin
David Schultz - 04 Mar 2004 02:50 GMT
Chuck,
    You should read NPRM 968 again paying particular attention to the changes
proposed to 27 CFR 555.63.

    You will see that after you notify the BATFE of the new location of the
magazine you can then remove the explosives and move the magazine. Type 3
magazines are exempt from this requirement but you will not be able to have a
magazine treated as both a Type 4 and a Type 3. You will need two separate
magazines.

    The current regulations are unclear on if a change in location is a change
requiring notification. The justification in NPRM 968 indicates that the BATFE
is treating this as a clarification and is worded to indicate that you must
currently provide notice before moving a Type 4 magazine. -

"4. Paragraph (b), which exempts
mobile or portable type 5 magazines
from the requirements of section 55.63,
is being amended by redesignating the
paragraph as paragraph (f) and by
providing that type 3 magazines are also
exempt from the requirements of this
section. We are not proposing to exempt
type 4 magazines from the notification
provisions of this section, as such
magazines are often used and relocated
at the premises of fireworks companies.
Due, in part, to the seasonal nature of
their business, such companies often
relocate type 4 magazines during
periods of high volume. In the interest
of public safety, we will still require
that such businesses notify ATF of
relocations of type 4 magazines."

The proposed new version is:

(d) Relocation of magazines. A
licensee or permittee who intends to
change the location of an existing
magazine will notify the regional
director (compliance) in accordance
with paragraph (e) of this section
describing the proposed changes in
location prior to making any changes.
Unless otherwise advised by the
regional director (compliance),
magazines may be relocated after
explosives are removed from the
magazine. (See also subpart K of this
part for storage requirements.)

(e) Notification of regional director
(compliance). For the purposes of this
section, notification of the regional
director (compliance) may be by
telephone or in writing. However, if
notification of the regional director
(compliance) is in writing it must be
received at least three business days in
advance of making changes in
construction to an existing magazine or
constructing a new magazine, and at
least five business days in advance of
using any reconstructed magazine or
added magazine for the storage of
explosives.

The BATFE also wants to start applying the table of distances to temporary
magazines as well.

> Everyone,
> I've got my paperwork in for a non-storage LEUP.  After reading the
[quoted text clipped - 13 lines]
> Thanks,
> Chuck

Signature

David W. Schultz
http://home.earthlink.net/~david.schultz

Chuck Pierce - 04 Mar 2004 03:24 GMT
<grumble, grumble>
Well, that really stinks.  Just when I think I have a solution figured
out, then another gotcha pops up.  BTW, believe it or not, it was my
local ATF inspector who recommened that I get a magazine that meets
the specs for both type 3 and a type 4.  Maybe, I should ask her to
send me a letter saying as much before I sink money in a not-too-cheap
12-ga magazine.  But, I guess her advice is good for today, but
when/if the NPRM was approved, her advice/letter would be superceded
by the change in law.  However, I wonder how this will affect my case,
where I have a non-storage LEUP. I won't have a type 4 magazine
registered at my house.  To the best of my knowledge, my local
inspector isn't going to require any magazine before she approves my
LEUP application.  I'm just trying to legal for transporting LE's.

Thanks for words of wisdom, David.  The NPRM hasn't come up in my
discussions/deliberations about LEUPs and magazines.  I'll definitely
have to think about this some more before I plunk down a chunk of
change on magazine.

Chuck

>Chuck,
>    You should read NPRM 968 again paying particular attention to the changes
[quoted text clipped - 66 lines]
>The BATFE also wants to start applying the table of distances to temporary
>magazines as well.

Signature

Chuck Pierce
NAR 78629, TRA 9308, Level 2
President, Huntsville Area Rocketry Assoc (NAR 403, TRA 80)
cpierce_AT_knology.net

AZ Woody - 04 Mar 2004 03:37 GMT
Before anything, you should check local codes..  While the ATF my say
something is ok, it must first pass thru the locals...  From my experience,
the locals may be much tougher than the ATF.

> <grumble, grumble>
> Well, that really stinks.  Just when I think I have a solution figured
[quoted text clipped - 19 lines]
> >Chuck,
> > You should read NPRM 968 again paying particular attention to the
changes
> >proposed to 27 CFR 555.63.
> >
[quoted text clipped - 5 lines]
> >
> > The current regulations are unclear on if a change in location is a
change
> >requiring notification. The justification in NPRM 968 indicates that the BATFE
> >is treating this as a clarification and is worded to indicate that you must
[quoted text clipped - 55 lines]
> >The BATFE also wants to start applying the table of distances to temporary
> >magazines as well.
David Schultz - 04 Mar 2004 03:42 GMT
Chuck,
    You say that you have an application for a non-storage permit in. Don't you
mean that you have provided for contingent storage? The BATFE removed the weasel
words that allowed non-storage permits (like I have) when they published the
changes required to implement the Safe Explosives Act. Even though there was
nothing in the Act that required this change.

The change was to 27 CFR 555.49(a)(2)(vi)
http://a257.g.akamaitech.net/7/257/2422/05dec20031700/edocket.access.gpo.gov/cfr
_2003/aprqtr/27cfr555.49.htm


Oh, a magazine is not required to transport.  See 27 CFR 555.205:

http://a257.g.akamaitech.net/7/257/2422/05dec20031700/edocket.access.gpo.gov/cfr
_2003/aprqtr/27cfr555.205.htm


The tricky bit is figuring out when you cross the line from transporting/using
to storing once you reach the launch site.

Good luck on the permit. Don't forget your certification required by 33 USC 1341
and 27 CFR 555.49(b)(2)(vii). The renewal package I received this week has forms
for this.

> <grumble, grumble>
> Well, that really stinks.  Just when I think I have a solution figured
[quoted text clipped - 89 lines]
>>The BATFE also wants to start applying the table of distances to temporary
>>magazines as well.

Signature

David W. Schultz
http://home.earthlink.net/~david.schultz

Chuck Pierce - 04 Mar 2004 15:20 GMT
>Chuck,
>    You say that you have an application for a non-storage permit in. Don't you
>mean that you have provided for contingent storage? The BATFE removed the weasel
>words that allowed non-storage permits (like I have) when they published the
>changes required to implement the Safe Explosives Act. Even though there was
>nothing in the Act that required this change.

Yes, I will have contingency storage.  The nominal plan would be for
me to swing by the contingency site and pick up the motors that I plan
to burn that day (or he'll bring them, if he's going to the launch
also), then bring any unburned motors back to the contingency storage
magazine that night.  

>Oh, a magazine is not required to transport.  See 27 CFR 555.205:
>
>http://a257.g.akamaitech.net/7/257/2422/05dec20031700/edocket.access.gpo.gov/cfr
_2003/aprqtr/27cfr555.205.htm

>
>The tricky bit is figuring out when you cross the line from transporting/using
>to storing once you reach the launch site.

Amen!  This is what's driving me to a need for Type 4.  If I go to a
multi-day launch, my local ATF inspector sez that the motors would
need to be put in a Type 4 overnight.  I know, intepretation...
jurisdiction, and all that jazz.  But, from my knothole, it seems
reasonable that LE's would have to be stored in a magazine overnight.
I don't like it, but I can definitely see how the ATF would intepret
it that way.  Well, then, why don't truckers have to put class 1.4
LE's in a magazine at night while in transit?  Heck, I don't know...
:-/  
There are inconsistencies all through the ATF/DOT codes, and that
really stinks!!!

Here's the twist that I believe that is driving me to a need for a
type 3 daybox.   DOT doesn't care about class 1.4 material in
quantites of less than 1000 lbs.  However, even though the motors are
shipped by the motor distributors as 1.4 LE's, once the user receives
them, they become 1.3 LE's when transported again since the end users
are not a party to the distributor's DOT 10996 shipping exemption
(whick allows the 1.3 material to be shipped as 1.4).  I believe that
Pro38/54 motors are the only 62.5g+ motors that are intrinsicly class
1.4.  I will admit that I have not verified this for myself in the
regs (but trust the sources as knowledgeable and credible); from
discussion with them, I believe that the DOT requires class 1.3
material to be shipped in a Type 3 magazine, even in quantities of
less than 56 lbs.

So, that is why I'm trying to find single magazine that meets the
specs for both type 3 and type 4 magazine.

>Good luck on the permit. Don't forget your certification required by 33 USC 1341
>and 27 CFR 555.49(b)(2)(vii). The renewal package I received this week has forms
>for this.

<blank stare>  RE:  33USC 1341    I'll find this to see what's up.

RE: 27CFR55.49(b)(2)(vii):  I did not receive a form letter such as
this and the instructions didn't require that I submit one with my
LEUP application. (BTW, I submitted my application about 3 weeks ago).
So, I guess that I can draft one up and give it to the ATF inspector
when she comes to visit me????  I certainly hope so.

Now, with all of this said, I don't really want to get into a
discussion of what everybody does, because that would really be
irrelevant when you're standing in front of the magistrate in
shackles.  My goal is to meet the letter of the law (as hard as that
may be intepret), but I don't want to have to do more that is
required.  Ultimately, though, I want to stay out of jail.  :-)

David, you're certainly very knowledgeable in these topics, and I
really appreciate you taking the time to repond with this extremely
helpful info.  Would you mind giving me your email addy; so, that I
follow up on some of these questions/issues and can further seek your
wisdom of other LEUP-related questions?  I like to get as many
informed views/opinions as possible to help me intepret the regs for
myself.   My email addy is cpierce_AT_knology.net.

Thanks again!
Chuck
Signature

Chuck Pierce
NAR 78629, TRA 9308, Level 2
President, Huntsville Area Rocketry Assoc (NAR 403, TRA 80)
cpierce_AT_knology.net

Jerry Irvine - 04 Mar 2004 15:24 GMT
Since BOTH of your trade associations, NAR and TRA agree in a LAWSUIT!!,
why don't you?

From 27 CFR 55.11, "Propellant Actuated Device. Any tool or special
mechanized device or gas generator system which is actuated by a
propellant or which releases and directs work through a propellant
charge."
This definition is what is referred to in 27 CFR 55.141(a)(8)
55.141 exemptions (a) (8) Gasoline, fertilizers, propellant actuated
devices, or propellant actuated industrial tools manufactured, imported,
or distributed for their intended purposes.
From this, it is commonly understood that as long as the PAD are
manufactured, imported, or distributed for their intended purpose, they
are exempt from treatment as explosives per 27 CFR and other laws.
There is no size or volume limitation on what is exempted.

See http://www.atf.treas.gov/explarson/fedexplolaw/qanda.pdf
page 10 (page 62 of the "Orange Book")
66. Who must meet storage requirements?
All persons who store explosive materials must
store them in conformity with the provisions of
Subpart K of the regulations, unless the person or
the materials are exempt from regulation. [18
U.S.C. 842(j), 845; 27 CFR 55.29, 55.141, 55.164,
55.201(a)]
Note the reference to 55.141.

Walk the f.cking goddamn walk!!

> >Chuck,
> >    You say that you have an application for a non-storage permit in. Don't you
[quoted text clipped - 79 lines]
> Thanks again!
> Chuck

Signature

Jerry Irvine, Box 1242, Claremont, California 91711 USA
Opinion, the whole thing. <mail to:01rocket@gte.net>
Please bring common sense back to rocketry administration.
Produce then publish.  http://www.usrockets.com
My articles valuable? Donate http://tinyurl.com/2hmgv

Chuck Pierce - 04 Mar 2004 15:30 GMT
You're a moron and add nothing of value to this newsgroup.  Why don't
you and Jizzy go cry in each other's beer?
Signature

Chuck Pierce
NAR 78629, TRA 9308, Level 2
President, Huntsville Area Rocketry Assoc (NAR 403, TRA 80)
cpierce_AT_knology.net

Jerry Irvine - 04 Mar 2004 15:31 GMT
>  I believe that
> Pro38/54 motors are the only 62.5g+ motors that are intrinsicly class
> 1.4.  

Not correct.

ACS as well.

> I believe that the DOT requires class 1.3
> material to be shipped in a Type 3 magazine, even in quantities of
> less than 56 lbs.

Total BS.

> Now, with all of this said, I don't really want to get into a
> discussion of what everybody does, because that would really be
> irrelevant when you're standing in front of the magistrate in
> shackles.  My goal is to meet the letter of the law (as hard as that
> may be intepret), but I don't want to have to do more that is
> required.  Ultimately, though, I want to stay out of jail.  :-)

Very simple: 27CFR555.141-a-8.

Follow your own statement of principal for god's sake!

> David, you're certainly very knowledgeable in these topics, and I
> really appreciate you taking the time to repond with this extremely
[quoted text clipped - 3 lines]
> Thanks again!
> Chuck

Jerry

The holder of the ONLY site with ALL the regs set forth.

http://www.v-serv.com/usr/ATFexempt.htm

"I am aware that many object to the severity of my language; but is
there not cause for severity?  I WILL be as harsh as truth, and as
uncompromising as justice.  On this subject I do not wish to think,
or speak, or write, with moderation. . . I am in earnest - I will
not equivocate - I will not excuse - I will not retreat a single
inch - and I WILL BE HEARD."
- William Lloyd Garrison

"I have a big problem with all this 'in excess of the regulations' crap.
We should be making things easier for flyers, not harder. IMO TRA
takes a very short view of things and I think its going to bite them in
the butt."
- Ismaeel Abdur-Rasheed

"TRA behavior and speech is "orthagonal with" actual reality."
- Jerry Irvine

Signature

Jerry Irvine, Box 1242, Claremont, California 91711 USA
Opinion, the whole thing. <mail to:01rocket@gte.net>
Please bring common sense back to rocketry administration.
Produce then publish.  http://www.usrockets.com
My articles valuable? Donate http://tinyurl.com/2hmgv

Jerry Irvine - 04 Mar 2004 15:35 GMT
> > My goal is to meet the letter of the law (as hard as that
> > may be intepret), but I don't want to have to do more that is
> > required.  

> Very simple: 27CFR555.141-a-8.
>
> Follow your own statement of principal for god's sake!

.

Signature

Jerry Irvine, Box 1242, Claremont, California 91711 USA
Opinion, the whole thing. <mail to:01rocket@gte.net>
Please bring common sense back to rocketry administration.
Produce then publish.  http://www.usrockets.com
My articles valuable? Donate http://tinyurl.com/2hmgv

Dave Grayvis - 04 Mar 2004 15:43 GMT
>>>My goal is to meet the letter of the law (as hard as that
>>>may be intepret), but I don't want to have to do more that is
[quoted text clipped - 5 lines]
>
> .

Talking to yourself again, huh, jerry?
Jerry Irvine - 04 Mar 2004 16:50 GMT
> >>>My goal is to meet the letter of the law (as hard as that
> >>>may be intepret), but I don't want to have to do more that is
[quoted text clipped - 7 lines]
>
> Talking to yourself again, huh, jerry?

Too bad, eh?

Signature

Jerry Irvine, Box 1242, Claremont, California 91711 USA
Opinion, the whole thing. <mail to:01rocket@gte.net>
Please bring common sense back to rocketry administration.
Produce then publish.  http://www.usrockets.com
My articles valuable? Donate http://tinyurl.com/2hmgv

Dave Grayvis - 04 Mar 2004 16:57 GMT
>>>>>My goal is to meet the letter of the law (as hard as that
>>>>>may be intepret), but I don't want to have to do more that is
[quoted text clipped - 9 lines]
>
> Too bad, eh?

No, the word that comes to mind is, Pathetic
default.User - 05 Mar 2004 15:26 GMT
jhijack
Jerry Irvine - 05 Mar 2004 16:11 GMT
> jhijack

27 CFR 555.141 (a) (8)

55.141 exemptions (a) (8) Gasoline, fertilizers, propellant actuated
devices, or propellant actuated industrial tools manufactured, imported,
or distributed for their intended purposes.

Signature

Jerry Irvine, Box 1242, Claremont, California 91711 USA
Opinion, the whole thing. <mail to:01rocket@gte.net>
Please bring common sense back to rocketry administration.
Produce then publish.  http://www.usrockets.com
My articles valuable? Donate http://tinyurl.com/2hmgv

Dave Grayvis - 05 Mar 2004 16:42 GMT
>>jhijack
>
[quoted text clipped - 3 lines]
> devices, or propellant actuated industrial tools manufactured, imported,
> or distributed for their intended purposes.

So according to you machine-guns are legal and exempt?
Jerry Irvine - 05 Mar 2004 16:58 GMT
> >>jhijack
> >
[quoted text clipped - 5 lines]
>
> So according to you machine-guns are legal and exempt?

Actually firearms are under a different code entirely.

Strike three.

Signature

Jerry Irvine, Box 1242, Claremont, California 91711 USA
Opinion, the whole thing. <mail to:01rocket@gte.net>
Please bring common sense back to rocketry administration.
Produce then publish.  http://www.usrockets.com
My articles valuable? Donate http://tinyurl.com/2hmgv

Dave Grayvis - 05 Mar 2004 17:03 GMT
>>>>jhijack
>>>
[quoted text clipped - 9 lines]
>
> Strike three.

Not according to your interpretation.

Aren't rockets under a different code entirely, also?
James Redstone - 05 Mar 2004 17:31 GMT
>Actually firearms are under a different code entirely.

Jerry just opened himself up for a slam. Anyone want to take it or
should I?
almax - 06 Mar 2004 00:42 GMT
> Jerry just opened himself up for a slam. Anyone want to take it or
> should I?

So you wish to make a hit on Rocketries Freedom Index ?
David - 06 Mar 2004 14:48 GMT
I thought your rule was that you get to pick the part of the code you want
them to fall under (not which one the ATFE says they fall under)?

-- David

> > >>jhijack
> > >
[quoted text clipped - 9 lines]
>
> Strike three.
Jerry Irvine - 06 Mar 2004 15:50 GMT
> I thought your rule was that you get to pick the part of the code you want
> them to fall under (not which one the ATFE says they fall under)?

Both the ATF and I are subject to the same code. That's why we have laws.

> -- David
> >
[quoted text clipped - 12 lines]
> >
> > Strike three.

Signature

Jerry Irvine, Box 1242, Claremont, California 91711 USA
Opinion, the whole thing. <mail to:01rocket@gte.net>
Please bring common sense back to rocketry administration.
Produce then publish.  http://www.usrockets.com
My articles valuable? Donate http://tinyurl.com/2hmgv

Dave Grayvis - 06 Mar 2004 16:00 GMT
>>I thought your rule was that you get to pick the part of the code you want
>>them to fall under (not which one the ATFE says they fall under)?
>
> Both the ATF and I are subject to the same code. That's why we have laws.

Then, why don't you obey them(laws)?
almax - 06 Mar 2004 00:41 GMT
> > 27 CFR 555.141 (a) (8)
> >
[quoted text clipped - 3 lines]
>
> So according to you machine-guns are legal and exempt?

they are legal to own, but a tariff requires you to pay a $200 tax to own
them.

Rocketeers continue to be their enemies
Jerry Irvine - 04 Mar 2004 16:57 GMT
> > >>>My goal is to meet the letter of the law (as hard as that
> > >>>may be intepret), but I don't want to have to do more that is
[quoted text clipped - 9 lines]
>
> Too bad, eh?

1. Make a wish.
2. Receive wish in full.
3. Forsake wish.
4. Kill messenger.
5. Behave as if wish is unobtainable.

Pretty much sums up rocketry people, ATF exemptions, Rocketry
"advocates" and life in the current wacky world of HPR.

This is not your father's HPR :-)

Just Jerry (HPR pioneer)

Signature

Jerry Irvine, Box 1242, Claremont, California 91711 USA
Opinion, the whole thing. <mail to:01rocket@gte.net>
Please bring common sense back to rocketry administration.
Produce then publish.  http://www.usrockets.com
My articles valuable? Donate http://tinyurl.com/2hmgv

Dave Grayvis - 04 Mar 2004 16:59 GMT
>>>>>>My goal is to meet the letter of the law (as hard as that
>>>>>>may be intepret), but I don't want to have to do more that is
[quoted text clipped - 22 lines]
>
> Just Jerry (HPR pioneer)

Ah, jerry, your still replying to your own posts.
Len Bryan - 04 Mar 2004 17:38 GMT
<SNIP>

>Too bad, eh?
                 ^ ^

Oh oh! Jerry is starting to talk Canadian!  8-]

Len Bryan
CAR S620 L3
Dave Grayvis - 04 Mar 2004 17:39 GMT
> <SNIP>
>
[quoted text clipped - 6 lines]
> Len Bryan
> CAR S620 L3

You already knew he was a "hoser", right?
Chuck Pierce - 04 Mar 2004 19:20 GMT
>> Oh oh! Jerry is starting to talk Canadian!  8-]
>>
>> Len Bryan
>> CAR S620 L3
>
>You already knew he was a "hoser", right?

I think that somewhere Jerry has posted that he invented Canada...all
by himself.
Signature

Chuck Pierce
NAR 78629, TRA 9308, Level 2
President, Huntsville Area Rocketry Assoc (NAR 403, TRA 80)
cpierce_AT_knology.net

Jerry Irvine - 04 Mar 2004 19:40 GMT
> >> Oh oh! Jerry is starting to talk Canadian!  8-]
> >>
[quoted text clipped - 5 lines]
> I think that somewhere Jerry has posted that he invented Canada...all
> by himself.

Everything you say is crap.

Your mother and fellow club members must be proud.

While they are getting ATF permits for exempt explosives BTW.

Jerry

Signature

Jerry Irvine, Box 1242, Claremont, California 91711 USA
Opinion, the whole thing. <mail to:01rocket@gte.net>
Please bring common sense back to rocketry administration.
Produce then publish.  http://www.usrockets.com
My articles valuable? Donate http://tinyurl.com/2hmgv

Chuck Pierce - 04 Mar 2004 20:10 GMT
>While they are getting ATF permits for exempt explosives BTW.

Go read the law and stop making crap up.  Moron.
Signature

Chuck Pierce
NAR 78629, TRA 9308, Level 2
President, Huntsville Area Rocketry Assoc (NAR 403, TRA 80)
cpierce_AT_knology.net

David Weinshenker - 04 Mar 2004 20:34 GMT
> > While they are getting ATF permits for exempt explosives BTW.
>
> Go read the law and stop making crap up.  Moron.

Now what exactly is Jerry "making up"? It looks like
he _has_ read the law, and is citing chapter and verse.

-dave w
Dave Grayvis - 04 Mar 2004 20:37 GMT
>>>While they are getting ATF permits for exempt explosives BTW.
>>
[quoted text clipped - 4 lines]
>
> -dave w

Tell Us where it says, "rocket motors are PADs", in any written law.
David Weinshenker - 04 Mar 2004 21:17 GMT
> > > > While they are getting ATF permits for exempt explosives BTW.
> > >
[quoted text clipped - 6 lines]
>
> Tell Us

Capitalizing the first person plural pronoun
probably means something to the psychologists...

> where it says, "rocket motors are PADs", in any written law.

From the "definitions" section of the applicable CFR:

"Propellant actuated device. Any tool or special mechanized
device or gas generator system which is actuated by a propellant
or which releases and directs work through a propellant charge."

How can you argue that rocket motors would _not_ fall within this
definition?

Is a rocket motor a "mechanized device or gas generator system?"
Yes.

Does it "release and direct work through a propellant charge?"
Yes.

Well, then...??

-dave w
Dave Grayvis - 04 Mar 2004 21:24 GMT
>>>>>While they are getting ATF permits for exempt explosives BTW.
>>>>
[quoted text clipped - 30 lines]
>
> -dave w

By your interpetation, explosives would be exempt, if you used them for
their intended purpose.

Also, nowhere in your response did you cite the location of the word/s
rocket/rocket motor/s.  Did I miss something?
RayDunakin - 05 Mar 2004 01:20 GMT
<< Also, nowhere in your response did you cite the location of the word/s
rocket/rocket motor/s.  Did I miss something? >>

There's no need for those words to be included in the definition. The whole
point is that the definition is broadly written and should be broadly
interpreted. Rockets/motors can and do fit the definition of a PAD, without
being specifically cited by name.
Jerry Irvine - 04 Mar 2004 21:18 GMT
> >>>While they are getting ATF permits for exempt explosives BTW.
> >>
[quoted text clipped - 6 lines]
>
> Tell Us where it says, "rocket motors are PADs", in any written law.

Be glad to:

From 27 CFR 55.11, "Propellant Actuated Device. Any tool or special
mechanized device or gas generator system which is actuated by a
propellant or which releases and directs work through a propellant
charge."

Any
or
or
or
and

Just Jerry

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Dave Grayvis - 04 Mar 2004 21:31 GMT
>>>>>While they are getting ATF permits for exempt explosives BTW.
>>>>
[quoted text clipped - 21 lines]
>
> Just Jerry

Just nowhere does it say, "rocket" or "rocket motor".
Jerry Irvine - 04 Mar 2004 21:35 GMT
> Just nowhere does it say, "rocket" or "rocket motor".

I want to send you to the Sylvan Learning Center. What is your real name
and address?

Embarrassed?

Jerry

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Dave Grayvis - 04 Mar 2004 21:45 GMT
>>Just nowhere does it say, "rocket" or "rocket motor".
>
[quoted text clipped - 4 lines]
>
> Jerry

For you, just for you.
Ismaeel Abdur-Rasheed - 04 Mar 2004 22:12 GMT
>>Just nowhere does it say, "rocket" or "rocket motor".
>
> I want to send you to the Sylvan Learning Center. What is your real name
> and address?
>
> Embarrassed?

I would put money on Mr. Grayvis being in the current or past TRA
leadership, or a confidante of same

- iz
Philip Stein - 04 Mar 2004 22:25 GMT
I agree & I'd put your money on it too.

>>>Just nowhere does it say, "rocket" or "rocket motor".
>>
[quoted text clipped - 7 lines]
>
>- iz
Jerry Irvine - 04 Mar 2004 22:42 GMT
> >>Just nowhere does it say, "rocket" or "rocket motor".
> >
[quoted text clipped - 7 lines]
>
> - iz

He is at minimum a Rogers surrogate.

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Dave Grayvis - 04 Mar 2004 22:48 GMT
>>>>Just nowhere does it say, "rocket" or "rocket motor".
>>>
[quoted text clipped - 9 lines]
>
> He is at minimum a Rogers surrogate.

This from the guy who claimed I was a BATFE mole.

Change your mind?  Which is it?
David Weinshenker - 04 Mar 2004 22:57 GMT
> >>>>Just nowhere does it say, "rocket" or "rocket motor".
> >>>
[quoted text clipped - 13 lines]
>
> Change your mind?  Which is it?

You imply that those are mutually exclusive roles...

-dave w
Jerry Irvine - 04 Mar 2004 23:03 GMT
> >>>>Just nowhere does it say, "rocket" or "rocket motor".
> >>>
[quoted text clipped - 13 lines]
>
> Change your mind?  Which is it?

Same difference!

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David Weinshenker - 04 Mar 2004 21:36 GMT
> Just nowhere does it say, "rocket" or "rocket motor".

Do you expect an exhaustive listing of every possible
example to appear in a general definition?

-dave w
Dave Grayvis - 04 Mar 2004 21:50 GMT
>>Just nowhere does it say, "rocket" or "rocket motor".
>
> Do you expect an exhaustive listing of every possible
> example to appear in a general definition?
>
> -dave w

Who decides?  You?  Me?  jerry?  Maybe the BATFE?

Nowhere does it mention "rocket motor/s"
David Weinshenker - 04 Mar 2004 21:53 GMT
> Nowhere does it mention "rocket motor/s"

It doesn't mention any specific examples.
It just gives a general criterion.

You're being deliberately dense,
just to stir up arguments.

-dave w
Jerry Irvine - 04 Mar 2004 21:59 GMT
> > Nowhere does it mention "rocket motor/s"
>
[quoted text clipped - 5 lines]
>
> -dave w

No he really is that way naturally!

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Dave Grayvis - 04 Mar 2004 22:00 GMT
>>Nowhere does it mention "rocket motor/s"
>
[quoted text clipped - 5 lines]
>
> -dave w

Sooo..., your answer is, "no, it doesn't mention rocket motors".

Is that correct?
Stop arguing FOR the ATF - 04 Mar 2004 22:17 GMT
It has already been posted that documents from the ATF in the lawsuit
pointed to individuals arguing for their case in open forums.  The exclusion
also doesn't mention aircraft recovery systems (rocket propelled parachutes)
which are also PADs.

Please don't continue to argue the case FOR the ATF.

Thanks.

> >>Nowhere does it mention "rocket motor/s"
> >
[quoted text clipped - 9 lines]
>
> Is that correct?
Philip Stein - 04 Mar 2004 22:29 GMT
I think most are discussing within what they think the ATF does or
does no require rather than what they feel the ATF should require.

>It has already been posted that documents from the ATF in the lawsuit
>pointed to individuals arguing for their case in open forums.  The exclusion
[quoted text clipped - 18 lines]
>>
>> Is that correct?
Dave Grayvis - 04 Mar 2004 22:34 GMT
> I think most are discussing within what they think the ATF does or
> does no require rather than what they feel the ATF should require.

I realize that.  I think some do not.
Stop arguing FOR the ATF - 04 Mar 2004 23:11 GMT
Mr Grayvis has made points in the ATF favor not brought up here before.
It's nice you 'think' you're only arguing what the ATF position is (hint:
motors aren't pads) but he is trying to hammer Jerry by PROVING their point
and that's plain FOOLISH.

ATF says motors aren't pads.

Jerry and the rest of us say they're wrong.

Who's side you on?

> > I think most are discussing within what they think the ATF does or
> > does no require rather than what they feel the ATF should require.
>
> I realize that.  I think some do not.
Dave Grayvis - 04 Mar 2004 23:17 GMT
> Mr Grayvis has made points in the ATF favor not brought up here before.
> It's nice you 'think' you're only arguing what the ATF position is (hint:
[quoted text clipped - 11 lines]
>>
>>I realize that.  I think some do not.

The BATFE already claims rocket motors are not PADs.
David Weinshenker - 04 Mar 2004 23:22 GMT
> > Mr Grayvis has made points in the ATF favor not brought up here before.
> > It's nice you 'think' you're only arguing what the ATF position is (hint:
[quoted text clipped - 13 lines]
>
> The BATFE already claims rocket motors are not PADs.

Yeah, but we shouldn't give the impression that anyone else _agrees_ with them!

-dave w
Dave Grayvis - 04 Mar 2004 23:24 GMT
>>>Mr Grayvis has made points in the ATF favor not brought up here before.
>>>It's nice you 'think' you're only arguing what the ATF position is (hint:
[quoted text clipped - 17 lines]
>
> -dave w

That's up to the Judge, not you or I.
Jerry Irvine - 04 Mar 2004 23:34 GMT
> >>>Mr Grayvis has made points in the ATF favor not brought up here before.
> >>>It's nice you 'think' you're only arguing what the ATF position is (hint:
[quoted text clipped - 21 lines]
>
> That's up to the Judge, not you or I.

You are not responsible for your own behavior or words. You are a
perfect candidate for TRA BOD!

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Phil Stein - 04 Mar 2004 23:52 GMT
If you'd be a good boy, you could be too.  Bet you could effect more
change from inside the BOD than from RMR.  Jizzy could be your VP.

>You are not responsible for your own behavior or words. You are a
>perfect candidate for TRA BOD!
Jerry Irvine - 04 Mar 2004 23:57 GMT
> If you'd be a good boy, you could be too.  Bet you could effect more
> change from inside the BOD than from RMR.  Jizzy could be your VP.

Back when I was asked by the folks who stuffed ballot boxes, I declined.
I have this silly ethic that a manufacturer has an inherent conflict of
interest as proven by Rosenfield, Rogers, Kelly and others.

> >You are not responsible for your own behavior or words. You are a
> >perfect candidate for TRA BOD!

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Jerry Irvine - 04 Mar 2004 23:22 GMT
> > Mr Grayvis has made points in the ATF favor not brought up here before.
> > It's nice you 'think' you're only arguing what the ATF position is (hint:
[quoted text clipped - 13 lines]
>
> The BATFE already claims rocket motors are not PADs.

So do you.

Signature

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Jerry Irvine - 04 Mar 2004 23:22 GMT
> Mr Grayvis has made points in the ATF favor not brought up here before.
> It's nice you 'think' you're only arguing what the ATF position is (hint:
> motors aren't pads) but he is trying to hammer Jerry by PROVING their point

attempting badly thank god.

> and that's plain FOOLISH.
>
[quoted text clipped - 8 lines]
> >
> > I realize that.  I think some do not.

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Alan Jones - 05 Mar 2004 06:30 GMT
>Mr Grayvis has made points in the ATF favor not brought up here before.
>It's nice you 'think' you're only arguing what the ATF position is (hint:
[quoted text clipped - 6 lines]
>
>Who's side you on?

Jerry does not make certified motors, he makes PADS, and he wants
consumers to buy his PADS and fly them in sport rockets.

I think the BAFTE is wrong, and Jerry is wrong, and what I think does
not matter as much as what a judge, prosecuter, or enforcer thinks.
Jerry Irvine - 05 Mar 2004 14:12 GMT
> >Mr Grayvis has made points in the ATF favor not brought up here before.
> >It's nice you 'think' you're only arguing what the ATF position is (hint:
[quoted text clipped - 12 lines]
> I think the BAFTE is wrong, and Jerry is wrong, and what I think does
> not matter as much as what a judge, prosecuter, or enforcer thinks.

And now you are wrong too.

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Jerry Irvine - 04 Mar 2004 22:59 GMT
> It has already been posted that documents from the ATF in the lawsuit
> pointed to individuals arguing for their case in open forums.  The exclusion
> also doesn't mention aircraft recovery systems (rocket propelled parachutes)
> which are also PADs.
>
> Please don't continue to argue the case FOR the ATF.

Dave Grayvis wants the >$300,000.00 NAR and TRA have invested in a
lawsuit from member contributions to be a waste.

So does Chuck Pierce.

> Chuck Pierce
> NAR 78629, TRA 9308, Level 2
> President, Huntsville Area Rocketry Assoc (NAR 403, TRA 80)
> cpierce_AT_knology.net

> Thanks.
>
[quoted text clipped - 11 lines]
> >
> > Is that correct?

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Dave Grayvis - 04 Mar 2004 23:05 GMT
>>It has already been posted that documents from the ATF in the lawsuit
>>pointed to individuals arguing for their case in open forums.  The exclusion
[quoted text clipped - 7 lines]
>
> So does Chuck Pierce.

Did We win yet?
almax - 05 Mar 2004 00:05 GMT
> Did We win yet?

Rocketeers continue to be their own enemies
Jerry Irvine - 05 Mar 2004 00:18 GMT
> > Did We win yet?
>
> Rocketeers continue to be their own enemies

God bless you almax.

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Alex Mericas - 04 Mar 2004 23:12 GMT
> wants the >$300,000.00 NAR and TRA have invested in a
> lawsuit from member contributions to be a waste.

I want it to stop raining so I can fly rockets!  Doesn't look good
for this weekend. I'm glad NSL is being moved to an all-weather
field. At least I should be able to finish fiberglassing a few body
tubes.  The field will be wet but by Saturday the sun will be out
and temps in the 70s.  Might even get some painting done.

I have a question about glue, but I'll save that for now....

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Doug Sams - 04 Mar 2004 23:52 GMT

> I want it to stop raining so I can fly rockets!  

Sorry about that. I had to go down to Austin for
a couple of sales calls.  Sorry to the Houston
guys, too. I had to go down there last week.

Doug

Proud member of DARS (Dallas Area Rain Service)
fishhead - 05 Mar 2004 04:37 GMT
>  
> > I want it to stop raining so I can fly rockets!  
[quoted text clipped - 6 lines]
>
> Proud member of DARS (Dallas Area Rain Service)

My dad was the same way about Florida when we were kids.  I think he
started developing a complex and pretty soon we stuck to the Kentucky
State Parks.
David Weinshenker - 04 Mar 2004 23:12 GMT
> $300,000.00 NAR and TRA have invested in a
> lawsuit from member contributions

You know, it probably wouldn't take _that_ much
lawyering to successfully defend a test case...

-dave w
Dave Grayvis - 04 Mar 2004 23:20 GMT
>>$300,000.00 NAR and TRA have invested in a
>>lawsuit from member contributions
[quoted text clipped - 3 lines]
>
> -dave w

If you don't want a lot of lawyering,... jerry's your man!
Jerry Irvine - 04 Mar 2004 23:26 GMT
> >>$300,000.00 NAR and TRA have invested in a
> >>lawsuit from member contributions
[quoted text clipped - 5 lines]
>
> If you don't want a lot of lawyering,... jerry's your man!

So is Gary :)

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Jerry Irvine - 04 Mar 2004 23:24 GMT
> > $300,000.00 NAR and TRA have invested in a
> > lawsuit from member contributions
[quoted text clipped - 3 lines]
>
> -dave w

I keep begging :)

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Dave Grayvis - 04 Mar 2004 23:28 GMT
>>>$300,000.00 NAR and TRA have invested in a
>>>lawsuit from member contributions
[quoted text clipped - 5 lines]
>
> I keep begging :)

Where do you manufacture and store your "exempt" rocket motors?  Don't
want to say?  Some test case.
almax - 05 Mar 2004 00:04 GMT
> It has already been posted that documents from the ATF in the lawsuit
> pointed to individuals arguing for their case in open forums.

you are so correct,

Rocketeers continue to be their own worst enemies

>The exclusion
> also doesn't mention aircraft recovery systems (rocket propelled parachutes)
[quoted text clipped - 17 lines]
> >
> > Is that correct?
RayDunakin - 05 Mar 2004 01:23 GMT
<< Please don't continue to argue the case FOR the ATF. >>

I agree!
Jerry Irvine - 04 Mar 2004 22:56 GMT
> >>Nowhere does it mention "rocket motor/s"
> >
[quoted text clipped - 9 lines]
>
> Is that correct?

Obviously

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almax - 05 Mar 2004 00:02 GMT
> >>Nowhere does it mention "rocket motor/s"
> >
[quoted text clipped - 9 lines]
>
> Is that correct?

Rocketeers continue to be their own enemies
Jerry Irvine - 04 Mar 2004 21:54 GMT
> >>Just nowhere does it say, "rocket" or "rocket motor".
> >
[quoted text clipped - 6 lines]
>
> Nowhere does it mention "rocket motor/s"

Obviously you cannot comprehend it.

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Dave Grayvis - 04 Mar 2004 22:09 GMT
>>>>Just nowhere does it say, "rocket" or "rocket motor".
>>>
[quoted text clipped - 8 lines]
>
> Obviously you cannot comprehend it.

And just how do you "comprehend" it?  Be specific, please.
almax - 05 Mar 2004 00:01 GMT
> Who decides?  You?  Me?  jerry?  Maybe the BATFE?
>
> Nowhere does it mention "rocket motor/s"

In america, judges are to decide, not enforment agencies.

Rocketeers will continue to be their own enemies.
almax - 04 Mar 2004 23:57 GMT
> Just nowhere does it say, "rocket" or "rocket motor".

rocketeers continue to prove they are their own worst enemies.
for decades, and decades and decades.

others do so as well.
Jerry Irvine - 04 Mar 2004 23:58 GMT
> > Just nowhere does it say, "rocket" or "rocket motor".
>
> rocketeers continue to prove they are their own worst enemies.
> for decades, and decades and decades.
>
> others do so as well.

Point.

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Jerry Irvine - 04 Mar 2004 21:16 GMT
> > > While they are getting ATF permits for exempt explosives BTW.
> >
[quoted text clipped - 4 lines]
>
> -dave w

Apparantly that is why I am a moron according to:

Chuck Pierce
NAR 78629, TRA 9308, Level 2
President, Huntsville Area Rocketry Assoc (NAR 403, TRA 80)
cpierce_AT_knology.net

ooooooo Level 2.

Impressive :)

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Ismaeel Abdur-Rasheed - 04 Mar 2004 22:06 GMT
> Chuck Pierce
> NAR 78629, TRA 9308, Level 2
[quoted text clipped - 4 lines]
>
> Impressive :)

with a TRA number that low, he lived through just about all the TRA
debacles, including the illegally changed By Laws

Hey Chuck, Ray says the BoD followed proper procedure to ammend the By
Laws to usurp the members right of ammendment.  Since you lived through
it, can you tell us exactly when was it proposed to the membership, when
was it voted upon by them, and what was the outcome?

- iz
Jerry Irvine - 04 Mar 2004 22:56 GMT
> > Chuck Pierce
> > NAR 78629, TRA 9308, Level 2
[quoted text clipped - 14 lines]
>
> - iz

Just for entertainment:

> Chuck Pierce

Jerry Irvine

> NAR 78629, TRA 9308, Level 2

NAR 24333  TRA 12

> President, Huntsville Area Rocketry Assoc (NAR 403, TRA 80)

FOUNDER LTR#007 TRA
FOUNDER IEAS Lucerne
FOUNDER IEAS Mojave
Member NAR $193
"inspiration" for TRA itself

> cpierce_AT_knology.net

Now compare numbers :)

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Dave Grayvis - 04 Mar 2004 23:01 GMT
>>>Chuck Pierce
>>>NAR 78629, TRA 9308, Level 2
[quoted text clipped - 36 lines]
>
> Now compare numbers :)

Is that what you problem is?  you have a need to be "more important"
than everyone else around?  That must be a tough pill to swallow  when
you're a nobody.
RayDunakin - 05 Mar 2004 01:47 GMT
The Iz side of Jizzy wrote:
<< Hey Chuck, Ray says the BoD followed proper procedure to ammend the By Laws
to usurp the members right of ammendment.>>

Don't misquote me. I said the bylaws change was voted on and approved by the
members.

<<Since you lived through it, can you tell us exactly when was it proposed to
the membership, when was it voted upon by them, and what was the outcome? >>

What's it matter to you, since you were NOT there? If you want to undo it, get
yourself elected to the BOD and put it to a vote. Or build a time machine so
you can go back in time and try to convince those of us who were THERE to vote
differently.

Oh, I forgot. Both of those options involve the will of the members, something
you studiously avoid.

The Jerry side wrote:

<<"inspiration" for TRA itself >>

LOL!!!
Ismaeel Abdur-Rasheed - 05 Mar 2004 02:41 GMT
> The Iz side of Jizzy wrote:
> << Hey Chuck, Ray says the BoD followed proper procedure to ammend the By Laws
> to usurp the members right of ammendment.>>
>
> Don't misquote me. I said the bylaws change was voted on and approved by the
> members.

"voted on" when? and in reponse to what proposal made when and by what
means?

> <<Since you lived through it, can you tell us exactly when was it proposed to
> the membership, when was it voted upon by them, and what was the outcome? >>
>
> What's it matter to you, since you were NOT there?

it has a bearing on every unilateral decision that resulted in changes
to the By Laws ever since.  Those in turn have a bearing on major
policies through to the present day.

> If you want to undo it, get yourself elected to the BOD and put it to a vote.

that is not necessary, Ray.  A illegal change is void.

> Or build a time machine so you can go back in time and try to convince those
> of us who were THERE to vote differently.

really?  when was that, exactly?  and in response to what proposal made
when and by what means?

> Oh, I forgot. Both of those options involve the will of the members, something
> you studiously avoid.

no, something the leadership usurped.  The "members" have been the
victims of both that act, and the concealment and denial that has become
common practicie since that time.

tell the members the *whole* truth, including all the coverups of funds
mismanagement and improper appropriation and see what the "will of the
members" actually is.

- iz
almax - 05 Mar 2004 02:58 GMT
> "voted on" when? and in reponse to what proposal made when and by what
> means?
[quoted text clipped - 3 lines]
> >
> > What's it matter to you, since you were NOT there?

I'm sorry to say, but the Rocketeer's freedom index gets lower when
rocketeers Infight like this.

Rocket Freedom just took a hit.
Jerry Irvine - 05 Mar 2004 03:03 GMT
> no, something the leadership usurped.  The "members" have been the
> victims of both that act, and the concealment and denial that has become
[quoted text clipped - 5 lines]
>
> - iz

I believe Ray is privy ONLY to the party line and has no first hand
information to know about the irregularities. He has been a consumer,
not a leader.

Jerry

Signature

Jerry Irvine, Box 1242, Claremont, California 91711 USA
Opinion, the whole thing. <mail to:01rocket@gte.net>
Please bring common sense back to rocketry administration.
Produce then publish.  http://www.usrockets.com
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Jerry Irvine - 05 Mar 2004 03:01 GMT
> Jerry wrote:
>
> <<"inspiration" for TRA itself >>
>
> LOL!!!

Just ask Tom.

Signature

Jerry Irvine, Box 1242, Claremont, California 91711 USA
Opinion, the whole thing. <mail to:01rocket@gte.net>
Please bring common sense back to rocketry administration.
Produce then publish.  http://www.usrockets.com
My articles valuable? Donate http://tinyurl.com/2hmgv

Christopher Deem - 05 Mar 2004 02:01 GMT
Chuck's personal TRA number is 9308, that doesn't seem very low to me. He is
the president of HARA, NAR section #403, TRA Prefecture # 80.  I was going
to make some kind of a comment, but I decided  not to.

Signature

Christopher Brian Deem       NAR 12308 TRA 2256 Level II

>
> > Chuck Pierce
[quoted text clipped - 15 lines]
>
> - iz
Ismaeel Abdur-Rasheed - 05 Mar 2004 02:43 GMT
> Chuck's personal TRA number is 9308, that doesn't seem very low to me. He is
> the president of HARA, NAR section #403, TRA Prefecture # 80.  I was going
> to make some kind of a comment, but I decided  not to.

I read it too quickly an misinterpreted his membership number as 80

my bad

but Ray WAS there.  Anyone else recall a vote to ratify a By Laws
ammendment where the members relinquished control (right of ammendment)
to the BoD, and how and when the proposal for same occurred?

- iz
Jerry Irvine - 05 Mar 2004 03:00 GMT
> > Chuck's personal TRA number is 9308, that doesn't seem very low to me. He is
> > the president of HARA, NAR section #403, TRA Prefecture # 80.  I was going
[quoted text clipped - 9 lines]
>
> - iz