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BATFE enforcement action strikes closer to home at QuickBurst Print E-mail PDF
2006 Archived News by Planet News   
Saturday, September 16, 2006

ImageLAKE JACKSON, Texas USA -- The increasing regulatory pressure stemming from enforcement of explosives laws struck a little closer to home for hobby rocketry enthusiasts this week with enforcement action taken by the Bureau of Alcohol, Tobacco, Firearms and Explosives against David Bachelder DBA QuickBurst.

At 8:30AM on Wednesday of this past week, Bachelder received a phone call from an agent of the ATFE wanting to set up an appointment for a visit that same day.  Bachelder explained that he worked a full-time job and getting away on such short notice wasn't easily accomplished.  The agent reluctantly agreed to a meeting at 9:00AM on Thursday.

Bachelder holds a Low Explosives Dealers Permit (LEDP) and assumed the appointment was his annual inspection, since he has never been inspected in the three years he has held the permit, which incidentally is up for renewal at the the end of September. As it turns out, the inspection was for a different reason all together.

Bachelder had been selling hobby rocketry igniters from his QuickBurst web site (http://www.quickburst.net) in addition to other hobby rocketry supplies — primarily recovery supplies, which included deployment bags, recovery harnesses, electronic launch controls as well as other construction components.  The ATFE, without revealing how it came to be aware, seemed to be very interested in his igniters and electric matches.

The QuickBurst igniters are electronic firing mechanisms similar to other two-wire igniters used throughout the hobby.  They feature augmentation by various pyrogen mixtures that enhance their capability to light hard-to-start combinations in the field, ranging from low-current igniters for black powder motors to various sizes of enhanced igniters to light the variety of ammonium perchlorate composite propellants found in various sizes and classes of high power rocketry applications.

The enforcement action seems almost to be capricious and arbitrary in nature, given that other companies have been been selling model rocket igniters for decades.  In fact, Estes, Centuri and others have been selling igniters for quite some time.  According to documentation presented during the NAR/TRA vs. BATFE lawsuit, the number one igniter of choice for home-made explosive devices has been Estes igniters.

During the investigation, Bachelder presented the ATFE investigator with a brand new package of Estes C6-0 rocket engines, on which the word "igniter" is written plainly on the front of the package.  When asked if the wording indicated the presence of an "igniter" or not, the investigator said the wording does say igniter, "but that is not what it is." 

When pressed about it being called an "igniter" but being told by the investigator that it's not an igniter, the agent said, "they do not function as an igniter." Since inception, the sole purpose of an Estes igniter has been to ignite the Estes model rocket engine, but apparently not if you are from the BATFE. Ultimately, the investigator refused to discuss it any further.

Also under scrutiny was Bachelder's ejection charge canisters — the simple combination of an electric match mated to a cardboard tube, filled by the end user in the field with black powder to eject a rocket's recovery system.  Those, along with the QuickBurst smoke canisters, QuickBurst's QuickDip pyrogen primer mixture, electric matches and all igniter products have been pulled from the QuickBurst web site following these events.

ATFE's contention was that Bachelder is required to have a Low Explosives Manufacturers License (LEMP) in order to produce and market these products.  At the present time, no charges have been filed nor have any fines or penalties been imposed.  But the next 90 days will be a very trying period of time for Bachelder and the QuickBurst business. 

Perhaps this would be a good time to show your support for Bachelder by visiting his web site and purchasing some of the other products still available for sale, otherwise actions such as this could very well put him out of business.  That outcome, while desirous of governmental agencies, would not be good for the hobby.

QuickBurst web site: http://www.quickburst.net/


Post 09-16-2006 06:40 PM  #1
k3td
Earth-bound misfit
 
Joined: Jul 2006
Posts: 66
 
None
It is such a shame that the BATFE has to hassle David. He is a great guy who supports the hobby well. We are lucky to have him attend launches in TX. Good luck and God speed David! Don't let the rat bastards get you down!
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Post 09-17-2006 11:54 AM  #2
Boogeyman
Certified Level One
 
Joined: Aug 2006
Posts: 24
 
None
Quote:
It is such a shame that the BATFE has to hassle David. He is a great guy who supports the hobby well. We are lucky to have him attend launches in TX. Good luck and God speed David! Don't let the rat bastards get you down!



I'll second that!

B
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Post 09-18-2006 04:23 PM  #3
Just Jerry
Freeform rockets advocate
 
Joined: Aug 2006
Posts: 1086
 
Exclamation ATF felonizes ALL igniter posession and usage.
Article/Mobley:
"They feature augmentation by various pyrogen mixtures that enhance their capability to light hard-to-start combinations in the field, ranging from low-current igniters for black powder motors to various sizes of enhanced igniters to light the variety of ammonium perchlorate composite propellants found in various sizes and classes of high power rocketry applications."

I would note ATF is specifically "trying" (and failing on purpose) to not regulate model rocketry.

Therefore:

1. This article should read "model rocketry" not "high power rocketry" since this product CAN be used with model rocketry as defined by NAR one way, NFPA yet another way, and ATF yet another way still.

2. The proposed language of ATF to "exempt" model rocketry not only does the opposite since it does NOT specifically address igniters, and in the ATF system they would have to to truly exempt them, AND

3. The proposed language ADDS wide ATF judgement in determining ADDITIONAL materials which are explosives, not by tyesting, but by the "judgement" added by 27 CF-555.141-a-10.

This is a clearly defective regulaton (exempts model rocket motors WITHOUT exempting their respective/included igniters) which also adds jurisdiction without basis or qualification., Handy indeed.

It begs the question. Can ATF do anything it wants without fedback, control or limitation? I do believe it thinks so. And as a practical matter, does.

ATF:
"Sec.* 555.141* Exemptions.
(a) * * *
(10) Model rocket motors that meet all of the following criteria--
(i) Consist of ammonium perchlorate composite propellant, black powder, or other similar low explosives;
(ii) Contain no more than 62.5 grams of total propellant weight; and
(iii) Are designed as single-use motors or as reload kits capable of reloading no more than 62.5 grams of propellant into a reusable motor casing."

Just Jerry
Just Jerry is offline 
Post 09-23-2006 10:27 AM  #4
crontab
Certified Level Three
 
Joined: Aug 2006
Posts: 204
 
None
According to a post on r.m.r, David had to surrender his dealers permit and apply for a manufacturers permit. The implication was that he surrendered his dealers permit in exchange for no charges or penalties being filed. Has anyone else heard this?
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Post 09-29-2006 03:19 PM  #5
ksaves2
Certified Level Two
 
Joined: Sep 2006
Posts: 25
 
Angry Stinks
I think it completely stinks. He can get is LEMP but it won't do him that much good as selling only to LEUP holders drastically limits his market. Too bad. I hope and pray we get some relief with the lawsuit but I am nervous we are not going to get anywhere. The ATFE is out to get HPR because they don't have anything else important to do. Brought to you by the folks that gave us Waco.
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Post 10-01-2006 09:09 PM  #6
Just Jerry
Freeform rockets advocate
 
Joined: Aug 2006
Posts: 1086
 
Exclamation
Quote:
I think it completely stinks. He can get is LEMP but it won't do him that much good as selling only to LEUP holders drastically limits his market.



That would be the entire point.

Otherwise USAexec-DOJ-BATFE (ATF) would correct their admitted errors in regulatory change, in favor of the citizens of the USA (to whom they have a solumn sworn duty), rather than making even more draconian regulations and FAILING to correct ANY past ADMITTED error.

Just Jerry
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