Bureau of Alcohol, Tobacco, Firearms and Explosives

Did The ATFE Accidently
"Torch" Their Van? Yes!

February 20, 2004 - By December 2003, rumors had been circulating through the rocketry community for over a month that the ATFE had accidently "torched" their van when trying to launch a high power rocket out of it. According to the story, the ATFE and their contractor Applied Research Associates were conducting tests on November 3rd, 2003 to provide proof that high power rockets could be used to shoot down commercial aircraft during landings and takeoffs. (See related story by clicking here.) Apparently, one of the motors failed upon ignition sending a burning propellant grain into a box inside the van. The box contained several propellant grains for further tests that day. The propellant grains inside the box ignited. This resulted in the entire van being destroyed in a roaring inferno as ATFE agents and Applied Research Associate employees stood by and watched. Also, according to the story, video was taken of the test and the resulting fire. To complicate matters further for the ATFE, the van was believed to have been a rental.

ARSA has been trying to confirm this story. Today, we can announce that the story is true based on eyewitness accounts and other evidence. We also learned that the van was hauled to a hanger at Hill Air Force Base and put inside for temporary storage.

ATFE Forces Aerotech To Provide Motors
For ATFE Anti-Rocketry Video

December 20, 2003 - Since the publication by ARSA of the ATFE's attempt to produce an anti-rocketry video on the dangers of hobby rockets to commercial aircraft, vendors and manufacturers have refused to sell to the ATFE. This resulted in a letter from the ATFE to the president of Aerotech, Gary Rosenfield demanding that they deliver 40 G80 motors to the ATFE. The ATFE letter claimed the hobby rocket motors were needed in the interest of national security under the Homeland Security Act - 18 U.S.C. 843(i). The letter claimed Aerotech had no other option under the law and the motors were to be delivered to ATFE agent David Shatzer no latter than December 9, 2003.

The text of the letter appears below. A scan copy of the letter can be viewed in Adobe Acrobat PDF format by clicking here.

Dear Mr. Rosenfield:

As you may be aware, Federal law provides that, when required by letter issued by the Attorney General, manufacturers of explosive materials must furnish samples of the explosive materials they manufacture. See 18 U.S.C. 843(i). The authority to administer all provisions of the Federal explosives laws, including section 843(i), has been delegated to the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). See Attorney General Order No. 2650-2003, 68 Fed. Reg. 4923 (January 31, 2003), codified at 28 C.F.R. Part 0, Subpart W. The Director has delegated to me the authority to require samples pursuant to section 843(i). Accordingly, by this letter, I am requiring that you furnish ATFE with the following:

Forty (40) AeroTech G-80 ammonium perchlorate composite propellant rocket motors - any delay.

It is required that you make the above-described items available for pick-up by ATF no latter than December 9, 2003.

ATF will reimburse AeroTech for the fair market value of the samples provided. Accordingly, if you would be so kind as to provide us with a listing of the retail price for the items listed above, we will have your reimbursement available on the date the items are transferred to ATF. In this regard, and to make arrangements to transfer the listed items to ATF, please contact David Shatzer ATF Explosives Research and Development Branch, at 202-494-8265.

We appreciate your cooperation in this matter.

Sincerely yours,
John P. Malone
Assistant Director
(Firearms, Explosives and Arson)

Kettering University Terminates Rocket Club
Due To Homeland Security Act

November 6, 2003 - Kettering University in Michigan has decided to discontinue their on-campus, student-run rocketry club due to the expenses of ATFE licensing and associated liability issues for the University. The decision made earlier in the school year was a major disappointment to students. Kettering University has its origins in the General Motors Institute. For almost 80 years, it has maintained close ties with General Motors who is a corporate partner with the University. Kettering uses a unique system of co-op education that combines classroom studies with professional work experiences. The university recently opened a $40 million Engineering and Science Center that will house the Departments of Mechanical Engineering and Chemistry.

Wall Street Journal Reports Hobby
Rocketry's Struggle With Government Regulations

May 8, 2004 - Friday's edition of the Wall Street Journal ran a story that summarized the on going battle between rocket hobbyists and the Department of Justice and ATFE over Government regulations. The article mentions that the classification of ammonium perchlorate composite propellant (APCP) as an explosive is at the core of the problem. Reporter Robert Block also mentioned the ATFE tests at Hill AFB with hobby rockets and summarized the contention by hobbyists that their activities are not dangerous to the nation. He also mentioned in the article that some hobbyists are turning to amateur rocketry with home made motors to escape ATFE permit requirements.

The Wall Street Journal article reveals the attitude of some federal law enforcement officials towards the hobbyist with a quote. "Most of the people involved in these activities are harmless fanatics and nerds," says one federal law-enforcement official. "But since 9/11, we have a responsibility to make sure the nerds are not terrorists."

Consumer Product Safety Commission Prosecution
Puts Pyrotek Owner In Federal Prison

May 5, 2006 - Pyrotek and NE Lab Supply, major suppliers for amateur rocketry, are out of business. The Consumer Product Safety Commission (CPSC) has been pushing consumer pyrotechnic companies to require ATF permits from their customers even when the chemicals are not on the ATF explosives list. The CPSC initially visits the owner and threatens prosecution unless the company agrees to CPSC terms of requiring ATF permits. John Rasmus, owner of Pytrotek, did not agree and the CPSC filed charges against him. Not having the financial resources to defend himself in court, he accepted a "plea bargain" that prevented Pyrotek from selling any oxidizers or fuels. He also paid a $10,000 fine. This agreement essentially put Pyrotek out of business as these chemicals are the backbone of consumer pyrotechnic companies.

Rasmus started a new company called NE Lab Supply, which sold oxidizers and fuels. The CPSC viewed this new company as a violation of the "plea bargain" and went to federal court. With no financial resources to defend himself, Rasmus pled guilty to three counts of criminal contempt for violating the terms of a previous plea bargain. In October of 2005, John Rasmus was sentenced to 5 months in federal prison, 5 months home confinement and three years of supervised release by U.S. District Judge James M. Munley, Middle District of Pennsylvania.
Click here for CPSC press release on Pyrotek

Consumer Product Safety Commission
Harrassing Chemical Dealers To Require
ATFE Permits For Pyro & Rocket Chemicals

December 3, 2004 - For several months, the Consumer Product Safety Commission (CPSC) has been conducting an intense campaign to require that chemicals used in pyrotechnics and amateur rocketry be sold only to those individuals and companies with ATFE permits. These are chemicals which are not on the ATFE Explosives List and legally do not require a permit. The CPSC has been systemically harassing businesses to force them to comply or face expensive legal court action. While the CPSC has no legal basis for their action, they hope the threat of financial ruin in a prolong court battle against the federal government will motivate business owners to bow to CPSC demands. This spring, the Department of Justice started looking for ways to regulate all chemicals via the ATFE. The ATFE enforcement division was cool to the idea, but Justice was determined to pursue it. It is not known at this time if there is any connection between the CPSC harrassment campaign and the Department of Justice.

Some chemical companies have given in to the demands of the CPSC. Fire Fox Enterprises has decided to fight, but lacks the financial resources to do so. It has asked members of the pyrotechnics community for financial aid. The letter below from Fire Fox to the Fireworks Foundation details the situation.

Fire Fox Enterprises Letter

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 particle 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.