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nfpa,explosives and the BATFE

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shockwaveriderz - 13 Aug 2006 23:28 GMT
I have a question for those much smarter than me(which is probably most of
you)..

From NFPA 1125:

Chapter 8 Testing and Certification

8.1 Certification of Model Rocket Motors, Motor-Reloading Kits, and
Components.

8.1.1 A prerequisite for certification of a model rocket motor or
motor-reloading kit shall be its prior classification by the

U.S. Department of Transportation (DOT), or competent authority, as a
Division 1.3 or 1.4 explosive, or a written acknowledgment

from DOT, or one of its approved testing agencies, that the model rocket
motor or motor-reloading kit is a flammable solid.

Notice that its says that a prerequiste is for the usdot  to define the
rocket motor as a class 1.3 or 1.4 explosive or that the rocket motor is a
flammable solid (I assume they mean 4.1 here).

So assuming at some point in the future apcp is taken off the explosives
listing, does that mean that all futiure apcp motors, since they are no
longer explosives, will have to be reclassed as 4.1 flammable solids?

just wondering as usual

terry dean

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"Old Rocketeer's don't die; they just go OOP"

AlMax - 14 Aug 2006 00:19 GMT
counting eggs ?
David Schultz - 14 Aug 2006 01:06 GMT
> I have a question for those much smarter than me(which is probably most
> of you)..
[quoted text clipped - 26 lines]
>
> terry dean

As the ATF takes pains to point out in its final rule, the DOT
classification has nothing to do with the ATF classification. For
example, your common everyday road flare is classified by the DOT as an
explosive. Do you need an ATF permit to buy one?

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

"What happened here was the gradual habituation of the people, little by
little, to being governed by surprise; to receiving decisions
deliberated in secret; to believing that the situation was so
complicated that the government had to act on information which the
people could not understand, or so dangerous that, even if the people
could understand it, it could not be released because of national
security. And their sense of identification with Hitler, their trust in
him, made it easier to widen this gap and reassured those who would
otherwise have worried about it." from They Thought They Were Free by
Milton Mayer

D&JWatkins - 14 Aug 2006 01:52 GMT
> As the ATF takes pains to point out in its final rule, the DOT
> classification has nothing to do with the ATF classification. For example,
> your common everyday road flare is classified by the DOT as an explosive.
> Do you need an ATF permit to buy one?

     They take greater pains to propagandize the potential use of rocket
motors as a terrorist weapons delivery system. We all no that ATFE could
only set a rental van on fire with them. So how do they really believe they
could hit a target with any real accuricy? They are indeed playing a
homeland security card and someone should point out to them this is not in
their pervue. That is for other agencies to deal with as a criminal use such
as setting someone on fire with gasoline, beating them with a baseball bat,
running them over with a car, ect. Crimnal use of lawful substances is not
up to BATFE to prosecute or regulate with out the specific mandate given to
them for such from Congress.

Dwatkins
Bob Kaplow - 14 Aug 2006 18:33 GMT
>       They take greater pains to propagandize the potential use of rocket
> motors as a terrorist weapons delivery system. We all no that ATFE could
[quoted text clipped - 6 lines]
> up to BATFE to prosecute or regulate with out the specific mandate given to
> them for such from Congress.

Then there's the minor issue of the law. "... PRIMARY USE ..." The BATFE's
job is to regulate explosives, not delivery systems. If the JBGTs are going
to regulate delivery systems, you'll need an LEUP to drive a Ryder truck,
van, or fly an airplane.

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 Bob Kaplow   NAR # 18L   >>> To reply, there's no internet on Mars (yet)! <<<
Kaplow Klips & Baffle:    http://nira-rocketry.org/Document/MayJun00.pdf
   www.encompasserve.org/~kaplow_r/    www.nira-rocketry.org    www.nar.org

    S&T is becoming this decades Steve Weaver!

Anthony Cesaroni - 14 Aug 2006 21:53 GMT
The BATFE can regulate anything considered to be a destructive device. That
can include but is not limited to delivery systems. It doesn't even have to
be explosive, it can be a projectile component for example.

Anthony J. Cesaroni
President/CEO
Cesaroni Technology/Cesaroni Aerospace
http://www.cesaronitech.com/
(941) 360-3100 x101 Sarasota
(905) 887-2370 x222 Toronto
> Then there's the minor issue of the law. "... PRIMARY USE ..." The BATFE's
> job is to regulate explosives, not delivery systems. If the JBGTs are
> going
> to regulate delivery systems, you'll need an LEUP to drive a Ryder truck,
> van, or fly an airplane.
David Erbas-White - 14 Aug 2006 22:11 GMT
>The BATFE can regulate anything considered to be a destructive device. That
>can include but is not limited to delivery systems. It doesn't even have to
[quoted text clipped - 3 lines]
>
>  

If anyone still has a 'Wrist Rocket' from the 70's, I guess it's time to
hide it... <G>

(for those who don't remember, it was a mass-marketed slingshot that
rested against the back of the wrist)

David Erbas-White
Fred Shecter - 15 Aug 2006 00:46 GMT
What about "Pocket Rockets" ????

The horror.....the horror.....

-Shreadvector NRA #1 Paramount Leader
http://search.ebay.com/_W0QQfgtpZ1QQfrppZ25QQfsooZ1QQfsopZ1QQsassZshreadvector

Signature

"""Remove "zorch" from address (2 places) to reply.
http://www.sirius.com/

>>The BATFE can regulate anything considered to be a destructive device. That can include
>>but is not limited to delivery systems. It doesn't even have to be explosive, it can be
[quoted text clipped - 6 lines]
>
> David Erbas-White
Phil Stein - 15 Aug 2006 01:02 GMT
>>The BATFE can regulate anything considered to be a destructive device. That
>>can include but is not limited to delivery systems. It doesn't even have to
[quoted text clipped - 11 lines]
>
>David Erbas-White

You can still buy them.

Phil
W. E. Fred Wallace - 15 Aug 2006 11:15 GMT
> The BATFE can regulate anything considered to be a destructive device. That
> can include but is not limited to delivery systems. It doesn't even have to
[quoted text clipped - 3 lines]
> President/CEO
> Cesaroni Technology/Cesaroni Aerospace

I'm trying to get my arms around if what your saying, really pertains to
model or high power rocket airframes. If in fact it is true, it has not
been the practice. No ATF agent has asked to see my rockets during any
visits???

Fred
Smaug Ichorfang - 15 Aug 2006 11:32 GMT
>> The BATFE can regulate anything considered to be a destructive
>> device. That can include but is not limited to delivery systems. It
>> doesn't even have to be explosive, it can be a projectile component
>> for example.
>>
>> Anthony J. Cesaroni

The director of the Treasury Bureau has the power to declare devices not
currently covered under regulations "lacking sporting purpose and deemed
destructive devices".  Please cite an example where a projectile component,
not an explosive, has been considered to be a destructive device.  I know
that ammunition designed to be fires from a rifle can only have certain
construction methods, and can only have limited amounts of certain
specified materials in the bullets, but these are regulated under armour
piercing laws, not as dd.
Anthony Cesaroni - 15 Aug 2006 13:32 GMT
30mm PGU16/B projectile is one example. It's steel with an aluminum
aeroshell tip (no HE, tracer or penetrator). Although considered a training
round it's also used for urban combat operations to reduce collateral
damage. We are developing an improved version and required an FFL that
includes destructive devices. The round is fired from the GAU-8A.

Anthony J. Cesaroni
President/CEO
Cesaroni Technology/Cesaroni Aerospace
http://www.cesaronitech.com/
(941) 360-3100 x101 Sarasota
(905) 887-2370 x222 Toronto

> The director of the Treasury Bureau has the power to declare devices not
> currently covered under regulations "lacking sporting purpose and deemed
[quoted text clipped - 5 lines]
> specified materials in the bullets, but these are regulated under armour
> piercing laws, not as dd.
Smaug Ichorfang - 15 Aug 2006 17:09 GMT
> 30mm PGU16/B projectile is one example. It's steel with an aluminum
> aeroshell tip (no HE, tracer or penetrator). Although considered a
> training round it's also used for urban combat operations to reduce
> collateral damage. We are developing an improved version and required
> an FFL that includes destructive devices. The round is fired from the
> GAU-8A.

I can understand how a 30mm cartridge can be designated a dd.  This is more
than just the projectile or a component of a projectile, however.
Anthony Cesaroni - 15 Aug 2006 18:30 GMT
No. The PGU16/B article we are involved with is strictly the projectile only
and requires a destructive device license for our operations.

Anthony J. Cesaroni
President/CEO
Cesaroni Technology/Cesaroni Aerospace
http://www.cesaronitech.com/
(941) 360-3100 x101 Sarasota
(905) 887-2370 x222 Toronto

>> 30mm PGU16/B projectile is one example. It's steel with an aluminum
>> aeroshell tip (no HE, tracer or penetrator). Although considered a
[quoted text clipped - 6 lines]
> more
> than just the projectile or a component of a projectile, however.
AlMax - 27 Aug 2006 01:43 GMT
> 30mm PGU16/B projectile is one example. It's steel with an aluminum
> aeroshell tip (no HE, tracer or penetrator). Although considered a
> training round it's also used for urban combat operations to reduce
> collateral damage. We are developing an improved version and required an
> FFL that includes destructive devices. The round is fired from the GAU-8A.

that's due to it being larger then a 12 gauge shell I do believe.

the DD listing is comprehensive, and this falls under it's definition, no
projectiles larger then 12 gauge shells.

But I do not believe they can just declare something DD that is not on the
list without rule making.

But then again, I could be wrong.
shockwaveriderz - 15 Aug 2006 16:15 GMT
A destructive device is a firearm or explosive device that, in the United
States, is regulated by the National Firearms Act of 1934

All National Firearms Act items, including destructive devices, must be
registered with the BATFE, who then closely monitor use, transport, and
storage of the items.

The definition of a "destructive device" is found in Title 26, United States
Code, in section 5845(f). The definition reads as follows:

 (1) any explosive, incendiary, or poison gas,(C) rocket having a
propellant charge of more than 4 ounces,
(3) Any combination of parts either designed or intended for use in
converting any device into a destructive device as defined in subparagraphs
(1) and (2) and from which a destructive device may be readily assembled

The term destructive device shall not include any device which is neither
designed nor redesigned for use as a weapon; any device, although originally
designed for use as a weapon, which is redesigned for use as a signaling,
pyrotechnic, line throwing, safety or similar device; surplus ordnance sold,
loaned or given by the Secretary of the Army, pursuant to the provisions of
section 4684(2), 4685, or 4686 of Title 10 of the United States Code; or any
other device the Secretary finds is not likely to be used as a weapon, or is
an antique or is a rifle which the owner intends to use solely for sporting
purposes.[1]

Its just a mtter of time before the above is redefined to include HPR.

terry dean

Signature

"Old Rocketeer's don't die; they just go OOP"

>> The BATFE can regulate anything considered to be a destructive device.
>> That
[quoted text clipped - 12 lines]
>
> Fred
 
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