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ATF Binary Exploding Targets ruling BATFE

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  • #16
    bsim
    CGN/CGSSA Contributor
    CGN Contributor
    • Mar 2008
    • 892

    Is this clear enough?
    Yes sir, it is.
    NRA Life Member
    SAF Life Member
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    • #17
      ptoguy2002
      Veteran Member
      • Jul 2006
      • 3863

      The legality of it (per the Tannerite people themselves) boils down to whether Tannerite is endothermic or exothermic.
      I have a hard time believing that anything that goes boom is endothermic, but I'm not a chemist.....and you won't convince a jury that it isn't an explosive.

      This picture has new meaning in the last couple weeks:
      Last edited by ptoguy2002; 05-31-2012, 9:59 PM.
      WTB: SWISS & German police trade in pistols
      WTB: German made & proofed SIG P226R & P228R
      WTB: Factory cutaway pistols & rifles
      WTB: LAPD Ithaca M37 / CHP S&W / Other PD trade ins....

      Comment

      • #18
        wildhawker
        I need a LIFE!!
        • Nov 2008
        • 14150

        Exactly.

        -Brandon

        Originally posted by ptoguy2002
        This picture has new meaning in the last week or so:
        Brandon Combs

        I do not read private messages, and my inbox is usually full. If you need to reach me, please email me instead.

        My comments are not the official position or a statement of any organization unless stated otherwise. My comments are not legal advice; if you want or need legal advice, hire a lawyer.

        Comment

        • #19
          SURVIVOR619
          Veteran Member
          • Aug 2011
          • 3629

          ^ Classic! CA sux!


          Sent from my iPhone using Tapatalk
          Only the wise will understand and survive...
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          • #20
            Flintlock Tom
            Veteran Member
            • Feb 2007
            • 3353

            Originally posted by wildhawker
            DO NOT PURCHASE, SELL, STORE, MIX OR USE TANNERITE IN CALIFORNIA.


            Is this clear enough?

            -Brandon
            Could you please cite the PC?
            "Everyone must determine for themselves what level of tyranny they are willing to tolerate.
            I let my CA residency expire in 2015."

            Comment

            • #21
              Mssr. Eleganté
              Blue Blaze Irregular
              CGN Contributor - Lifetime
              • Oct 2005
              • 10401

              Originally posted by Flintlock Tom
              Could you please cite the PC?
              Here's the Penal Code section that says possession of an explosive or combination of substances with the intent to make an explosive is a felony...

              CPC Section 18720. Every person who possesses any substance, material, or any combination of substances or materials, with the intent to make any destructive device or any explosive without first obtaining a valid permit to make that destructive device or explosive, is guilty of a felony, and is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years.
              and here's the section that defines "explosive" as mentioned in CPC 18720...

              CPC Section 16510. As used in subdivision (a) of Section 16460 and Chapter 1 (commencing with Section 18710) of Division 5 of Title 2, "explosive" means any substance, or combination of substances, the primary or common purpose of which is detonation or rapid combustion, and which is capable of a relatively instantaneous or rapid release of gas and heat, or any substance, the primary purpose of which, when combined with others, is to form a substance capable of a relatively instantaneous or rapid release of gas and heat...
              __________________

              "Knowledge is power... For REAL!" - Jack Austin

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              • #22
                Josh3239
                Calguns Addict
                • Dec 2006
                • 9189

                The stuff is sold all over CA, if it is illegal then (atleast at this point) the DOJ doesn't care. I bought some at a store in Santa Barbara and had a blast with it a few weeks ago. Also, Top Shot uses it. And no just because they have a TV show doesn't necessarily give them the right to break the law and if it sold all over the state I seriously doubt that they got the permits solely for tannerite.

                Comment

                • #23
                  Capybara
                  CGSSA Coordinator
                  CGN Contributor
                  • Feb 2012
                  • 15189

                  It seems as if we live in the gray state, almost everything is a gray area, designed so that the DOJ and local LEO/DAs can just randomly arrest us for almost anything having to do with guns/shooting/explosives. They won't rule, they just wait and then some local DA decides to have some fun and make an example of one of us. Very Orwellian.
                  NRA Certified Metallic Cartridge Reloading Instructor, Shotgun Instructor and Range Safety Officer

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                  • #24
                    jj805
                    CGN/CGSSA Contributor - Lifetime
                    CGN Contributor - Lifetime
                    • Feb 2012
                    • 4492

                    Here's the Penal Code section that says possession of an explosive or combination of substances with the intent to make an explosive is a felony...



                    and here's the section that defines "explosive" as mentioned in CPC 18720...
                    So, in CA, possession of gasoline and a spark plug is a felony?

                    Comment

                    • #25
                      wildhawker
                      I need a LIFE!!
                      • Nov 2008
                      • 14150

                      I'm telling you that DOJ hasn't cared because it wasn't on their radar.

                      Recent arrests make that no longer true.

                      In any case, some people are going to have very costly criminal defenses to mount. I suspect that it will be something of a miracle if they don't end up as felons and lose their rights for life.

                      -Brandon

                      Originally posted by Josh3239
                      The stuff is sold all over CA, if it is illegal then (atleast at this point) the DOJ doesn't care. I bought some at a store in Santa Barbara and had a blast with it a few weeks ago. Also, Top Shot uses it. And no just because they have a TV show doesn't necessarily give them the right to break the law and if it sold all over the state I seriously doubt that they got the permits solely for tannerite.
                      Brandon Combs

                      I do not read private messages, and my inbox is usually full. If you need to reach me, please email me instead.

                      My comments are not the official position or a statement of any organization unless stated otherwise. My comments are not legal advice; if you want or need legal advice, hire a lawyer.

                      Comment

                      • #26
                        jlbflyboy172
                        Senior Member
                        • Feb 2007
                        • 625

                        Sounds like there is a bunch of FUD out there on the subject.

                        Comment

                        • #27
                          fallenknight308
                          Senior Member
                          • Jan 2009
                          • 512

                          It is my understanding (and correct me if I'm wrong) that part of the "explosive device" in question that makes it so, is the detonator. (blasting cap, etc) So since you are shooting it to set it off, its not technically an explosive device. I.E "Bomb"
                          Kurtz: I expected someone like you. What did you expect? Are you an assassin?
                          Willard: I'm a soldier.
                          Kurtz: You're neither. You're an errand boy, sent by grocery clerks, to collect a bill.
                          Apocalypse Now!
                          "The police are the public and the public are the police; the police being only members of the public who are paid to give full time attention to duties which are incumbent on every citizen in the interests of community welfare and existence."
                          Sir Robert Peel

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                          • #28
                            fallenknight308
                            Senior Member
                            • Jan 2009
                            • 512

                            Originally posted by jj805
                            So, in CA, possession of gasoline and a spark plug is a felony?
                            Possibly. If they pin "intent" on you. DA's love that word.
                            Kurtz: I expected someone like you. What did you expect? Are you an assassin?
                            Willard: I'm a soldier.
                            Kurtz: You're neither. You're an errand boy, sent by grocery clerks, to collect a bill.
                            Apocalypse Now!
                            "The police are the public and the public are the police; the police being only members of the public who are paid to give full time attention to duties which are incumbent on every citizen in the interests of community welfare and existence."
                            Sir Robert Peel

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                            • #29
                              jj805
                              CGN/CGSSA Contributor - Lifetime
                              CGN Contributor - Lifetime
                              • Feb 2012
                              • 4492

                              Originally posted by fallenknight308
                              Possibly. If they pin "intent" on you. DA's love that word.
                              Well, how else am I going to get the pistons to move?

                              Comment

                              • #30
                                fallenknight308
                                Senior Member
                                • Jan 2009
                                • 512

                                Originally posted by jj805
                                Well, how else am I going to get the pistons to move?
                                Haha yeah. But for the sake of argument lets say you stuck the Spark Plug into the full Gas can, then remotely set it off with an electrical source and some wire?
                                Gotcha! a "device" was created and used in an un-kosher like fashion.
                                Go to Jail, do not collect $200....
                                Kurtz: I expected someone like you. What did you expect? Are you an assassin?
                                Willard: I'm a soldier.
                                Kurtz: You're neither. You're an errand boy, sent by grocery clerks, to collect a bill.
                                Apocalypse Now!
                                "The police are the public and the public are the police; the police being only members of the public who are paid to give full time attention to duties which are incumbent on every citizen in the interests of community welfare and existence."
                                Sir Robert Peel

                                Comment

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