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Model Forum / General / Rockets / April 2004Fed and State Laws
Correct me if I'm wrong but, the court ruling only affects the federal laws not the states. Since many states have adopted NFPA as law and NFPA follows the BATF's position. NFPA wording would still require a LEUP for intra state transactions and storage. There for nothing has really changed for the hobby in many states. NFPA would have to be modified and each state approve the amended version for true relief. Then there is the international code to consider since many states are in the process of adopting it. In my opinion, the court action is very important to hold off the BATF and bring attention to our cause. True relief will only come from enactment of a federal law. Then state and local lawmakers would be willing to bring their laws inline with the federal laws. Nothing can be accomplished as far as congress in an election year. There needs to be a plan for after the election to push a legislative agenda. Be nice if Ascroft wasn't in power in 2005. Gary Deaver Most(all?) states have PAD definitions that are exact copies of the Federal language used in its PAD's defintion....SDo if the Feds say its a PAD, and the state has copied the Feds definition, then its a PAD to the state too. What wording specifically in which NFPA code(s) require a LEUP for intrastate transactions and/or storage? The NFPA has a procedure and process for amending the NFPA codes on a temporary basis if need be. Weather or not this also means the states are required to follow such amendments I do not know... shockie B) > Correct me if I'm wrong but, the court ruling only affects the federal laws > not the states. Since many states have adopted NFPA as law and NFPA follows [quoted text clipped - 11 lines] > legislative agenda. Be nice if Ascroft wasn't in power in 2005. > Gary Deaver Read NFPA 1127 again. It says: 5.2 User Permit Requirements. Where required by 27 CFR 55, a "User of Low Explosives Permit" shall be obtained prior to...." Notice that it says "where required". If the motor is exempt, a permit isn't required. Not to mention the language following that sentence was made obsolete by the Safe Explosives Act. I have no idea why a fire code has a requirement that you must obtain a permit in circumstances where federal law already requires you to get one. Must be from the Department of Redundancy department. As for storage, NFPA 1127 requires that motors exempt under 27 CFR 55 must be stored in a reclosable, noncombustible container. Not an ATF approved magazine. > Correct me if I'm wrong but, the court ruling only affects the federal laws > not the states. Since many states have adopted NFPA as law and NFPA follows [quoted text clipped - 11 lines] > legislative agenda. Be nice if Ascroft wasn't in power in 2005. > Gary Deaver  SignatureDavid W. Schultz http://home.earthlink.net/~david.schultz > Read NFPA 1127 again. It says: > [quoted text clipped - 3 lines] > Notice that it says "where required". If the motor is exempt, a permit isn't > required. f.cking TRIPOLI > Not to mention the language following that sentence was made > obsolete [quoted text clipped - 29 lines] > > legislative agenda. Be nice if Ascroft wasn't in power in 2005. > > Gary Deaver SignatureJerry 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 NFPA 1127 Code for High Power Rocketry states: 5.2 User Permit Requirements. Where required by 27 CFR 55, a "User of Low Explosives Permit" shall be obtained prior to both of the following: (1) Acquisition by a certified user of a high power solid propellant rocket motor(s) or motor reloading kit(s) in a state other than that in which the user resides (2) Transportation by a certified user of a high power solid propellant rocket motor(s) or motor reloading kit(s) to a state other than that in which the user resides I believe 27CFR 55 is now 27 CFR 555, but since the Court has ruled that FARM's are PADS and therefore are exempt from the Explosives Laws, NO LEUP is required so the above langauge has no bearing as long as FARM's are PADS..... Also Obviously since FARM's are now defined as PADS and are exempt from the Explosives Laws, there is also No storage regulations either... shockie B) > Correct me if I'm wrong but, the court ruling only affects the federal laws > not the states. Since many states have adopted NFPA as law and NFPA follows [quoted text clipped - 11 lines] > legislative agenda. Be nice if Ascroft wasn't in power in 2005. > Gary Deaver > Correct me if I'm wrong but, the court ruling only affects the federal laws > not the states. Since many states have adopted NFPA as law and NFPA follows > the BATF's position. NFPA wording would still require a LEUP for intra state Nope. NFPA regs state only IF required by ATF, but the LEUP is specifically mentioned before it is eliminated by current federal law. > transactions and storage. There for nothing has really changed for the > hobby in many states. NFPA would have to be modified and each state approve [quoted text clipped - 8 lines] > legislative agenda. Be nice if Ascroft wasn't in power in 2005. > Gary Deaver SignatureJerry 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 Ok - Just playing the Devil's advocate. > Ok - Just playing the Devil's advocate. Why ? Why do rocketeers think they must play Beelzebub and his minions when it comes to regulations ? The NRA crowd does not, and they play with things much more "interesting" then rocketeers do. When will rocketry learn ? |
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