National Association of Rocketry
March 13, 2009
Fellow NAR Members --
Below is the official joint statement from the National Association of Rocketry and the Tripoli Rocketry Association concerning today's court hearing in our 9-year-old court case seeking relief from the unjustified and burdensome regulation of the high-power aspects of our hobby by this federal agency. The hearing was rescheduled on short notice from the original date of March 23 to be held today instead. Ken Good (TRA President) and myself attended. Our legal counsel was Marty Malsch, who has done a brilliant job on this case with his partner, the late Joe Egan, since its beginning.
Thank you for your generous financial support of the NAR Legal Fund. Over 110 of you contributed a total of about $14,000 in less than two weeks. This will almost certainly be enough to pay for the NAR's 50 percent share of the legal costs of the buildup for and execution of today's hearing, and for the assorted legal actions that will be necessary over the next several months to bring this case to a final and successful conclusion and ensure BATFE compliance with the details of the court decision that we expect to see soon.
As soon as I know something more that is official and final, you will know it.
Trip Barber
NAR 4322
NAR President
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Joint Statement on the NAR/TRA Litigation with the Federal Bureau of Alcohol Tobacco Firearms & Explosives (BATFE)
March 13, 2009
Today Judge Reggie Walton, presiding in our case before the US District Court, heard arguments from both legal counsel for NAR/TRA and the BATFE. At the conclusion of the hearing, Judge Walton stated that he was inclined to agree with our position. While this is extremely encouraging, there will be no formal written ruling until April, and BATFE may attempt to file additional information before that date. We expect that this ruling will provide some form of relief from the current regulatory situation.
We thank our members for their continued patience and their generous financial support. We will provide members with immediate status reports as this case reaches its conclusion.
Ken Good
TRA President
Trip Barber
NAR President
National Association of Rocketry | P. O. Box 407 | Marion | IA | 52302
I'm just tickled exstatic. I won't say I told you so quite yet, but I have to believe relief is on the way for the general hobbyist. Dealers and research enthusiasts might also enjoy relaxed regulations and we'll all be flying higher and bigger and better. But I will wait for the written ruling before I go nuts and start buying bigger loads again. In case you've misplaced the info - get your orders in now to Tim "the Motor Man" Thomas at Tim4glr@aol.com 😀
Great news from Darrell and The Rocketry Planet. And I thought I'd have to wait till April something sometime to start celebrating!!! Read the court ruling for yourself here:
http://www.rocketryplanet.com/images/pdf/ATFE-03-16-09.pdf
WOO....WOO....WOO.....WOOO 😆
Great news from Darrell and The Rocketry Planet. And I thought I'd have to wait till April something sometime to start celebrating!!! Read the court ruling for yourself here:
http://www.rocketryplanet.com/images/pdf/ATFE-03-16-09.pdf
Sooo.....
What do we get in the settlement? Like 10 "K" motors each? 😉
What does it really mean?
Great news from Darrell and The Rocketry Planet. And I thought I'd have to wait till April something sometime to start celebrating!!! Read the court ruling for yourself here:
http://www.rocketryplanet.com/images/pdf/ATFE-03-16-09.pdfSooo.....
What do we get in the settlement? Like 10 "K" motors each? 😉What does it really mean?
Well I think the ATF owes us a couple years of membership free of charge 🙂
http://www.rocketryplanet.com/content/view/2788/30/
HOW COOL IS THAT!!!!!!!!!!!!!!!!!!!!!!!!!!!????????????????????
Honestly, despite all we know about the safety record of our sport, I really didn't expect this. We're all asking, how does this change things? In time, it will fall into place. SCIENCE AND LEARNING ARE NOT DEAD!!!!!!!!!!!
I'll be waiting till all the "i"s are dotted and "t"s crossed and the final judgment is made. The ATF doesn't play fair, so I would expect some bogus new law pretty soon. I have seen way too many changes based on a whim in gun laws. Plus, by the time the judge makes the final decision - to drop the law all together - my new batch of beer should be ready to try......
Greg, brew an extra one or a few - I may have to take up drinking again! Absolutely we will have to wait and see how this all plays out but the thrill of victory in the courts has restored some faith in the systems at work. I am glad to have been and remain a part of the Rocketry way of thinking - safe, fun and self-regulated.
Honestly, this is truly an amazing thing. I have seen/been in legal battles in off road recreation and gun laws with the govt and never has this big of a win happened. 15+ years of writing letters and calling leaders..... I didn't think it was possible. You guys have got to be proud of this!
I'll save one for you to "test" Joe. Honey wheat or Steam/Lager...... Looks like I picked a good time to start brewing again... 😀
One question though. Does TRA & NAR still need money to cover costs?
Indeed, this is awesome. I wouldn't be counting my K motors before they are hatched, though. Some of you are members of other forums, and you may have seen Anthony Cesaroni's comments - he said "I'd be very surprised if the BATFE will take this sitting down and I'm willing to wager that there is plenty of wiggle room left in that regard."
Indeed, something tells me the BATFE isn't going away. All that said? This is waaaaaaaaaaaaay better than being on the other end of the stick.
Well-said, John. Being optimistic, maybe this is part of the new administration's "change." I know, stretching hope too far. What it is, is just a judge who could see through lies and false science and a really bad case put forth at our expense--on both sides of it! Just so everyone knows, it's not the BATFE agents pushing this; they're just doing what they are told and their jobs. It's their bosses we have to aware of. Let's just enjoy this victory, even if it's temporary, and keep it safe!
All it takes is a memorandum to change the law. I have seen it over the past 3 years with building legal semi auto arms out of demilled to ATF specs machine gun kits. They don't have to justify anything, they just do it. AND can make it retroactive. They have come to people's homes and taken kits based on a parts sellers manifest that was confiscated. Just because they decided some part needed to be torch cut some more..... No judges, no law makers decisions, just some head honcho flexing his muscles. I don't know what a K motor costs, but imagine some chap coming to your door to collect your $1200 parts kit - or K motor because they went to Tim's house and confiscated his sales records.
So what exactly does this ruling mean?
If APCP is no longer on the explosives list, then we are free to purchase any motors/loads we want with no LEUP required? Does BATFE have ANY jurisdiction regarding motors anymore? What about storage requirements? I assume that the HAZMAT shipping regs are unaffected by this ruling.
All those details are being worked thru now. NAR / TRA sent out something that basically said "don't tear up your LEUP", "don't be rude to your BATFE agent", "Details getting hammered out", etc. Of course there could still be appeals filed by BATFE as well.
While we are all hopeful and feeling pretty chipper, there will almost assuredly be some further discussions, negotiations, perhaps a compromise or two. These things seldom go away quietly.