ATF Binary Exploding Targets ruling BATFE

[Obviously a Plant]

Do I need a need a valid permit for all that ammo I might have just lost a boat?
It might have been explosive?

[wildhawker]

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

Or, maybe, some of us don't want to see otherwise law-abiding California gun owners in jail.

-Brandon

[fallenknight308]

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....

[jj805]

Possibly. If they pin "intent" on you. DA's love that word.

Well, how else am I going to get the pistons to move?

[fallenknight308]

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.

[fallenknight308]

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"

[jlbflyboy172]

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

[wildhawker]

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

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.

[jj805]

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?

[Capybara]

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.

[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.

[Mssr. Eleganté]

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...

[Flintlock Tom]

DO NOT PURCHASE, SELL, STORE, MIX OR USE TANNERITE IN CALIFORNIA.

Is this clear enough?

-Brandon

Could you please cite the PC?

[SURVIVOR619]

^ Classic! CA sux!


Sent from my iPhone using Tapatalk

[wildhawker]

Exactly.

-Brandon

This picture has new meaning in the last week or so: