TRA/NAR v. BATFE

[DrDeFab]

The hobby rocketry community just won its long-awaited victory over the BATFE. I won't bore you with a lot of details, but here is a summary: about 10 years ago the BATFE had ruled hobby rocket motors to be explosives, ignoring their own rules on what constituted an explosive in the process. This required those who wished to continue to fly to obtain a Low Explosives Users Permit. As a result, the Tripoli Rocketry Association and the National Association of Rocketry filed suit for relief.

On March 16th, we won a clear victory when Judge Walton granted summary judgement to TRA/NAR and vacated the BATFE ruling, stating

the agency's decision does not satisfy the standard for evaluating agency rulemaking because it was arbitrary and capricious, an abuse of discretion, or otherwise not in accordance with the law.

If you are interested, the full text of the ruling (only four pages) can be found here.

On a personal note, after trying the LEUP route for a couple of years, I mothballed my rocket fleet for the duration and instead took up the hobby of building/restoring Eastern Block rifles. Unintended consequences...

[Mods: while the case in question involved hobby rocket motors instead of firearms, I believe the BATFE content is sufficient to make the thread on topic. If not, please remove.]

 

[Deanimator]

YEARS ago, I recall gun owners in usenet warning the rocketry guys what the [then] BATF was like. They pooh-poohed all of the warnings about the arrogance, stupidity and dishonesty that gun owners had experienced for decades at the hands of the BATF. They talked about how "reasonable" the BATF people would be if they were just "calm" and "polite". The rocket boys got the surprise of their lives. We just said, "Told you so."

It's nice to see the rocketry people won and that the BATFE has gotten one more well deserved legal kick in the crotch.

 

[CoRoMo]

the agency's decision does not satisfy the standard for evaluating agency rulemaking because it [strike]was[/strike] is arbitrary and capricious, an abuse of discretion, or otherwise not in accordance with the law.

Isn't this the mission statement of the BATFE?

 

[Mr_Rogers]

Legal types, could this judgment be extended to apply to other BATFE rulings where they appear to ignore their own written rules?

 

[lead-inspector]

Wow

Dr De Fab

Reminds me of the joke I'm from the Government and I'm here to help.

Glad the hobby rocket group won.

Steve

 

[WardenWolf]

So that's what happened to all the rocketry supplies. I remember when Hobby Bench had them by the dozens.

 

[jaholder1971]

These aint' your Estes rockets of the past, friends...

http://www.youtube.com/watch?v=luPst4aZWBk
http://www.youtube.com/watch?v=luReqzQjEt8&feature=related
http://www.nikeproject.com/OldNike/launch/NikeHercules-Part2-TheLaunch.mpeg

These boys burn more propellant in one launch than most of us will shoot in a lifetime.

 

[WardenWolf]

So were the Estes rockets affected by that ATF crackdown as well? Or was it just the larger non-commercial ones? Hmm, somewhere I still have my Mean Machine (6 foot tall beast that someone likened to a SCUD), although I'm sure it's warped by now from being stored on its side.

 

[sargenv]

I think this had to do mainly with the reloadable new composite rocket motors that were just being developed as I got out of the hobby. Beyond that I don't know any more..

 

[jaholder1971]

I believe the Estes motors were okay, it was the AP and other composite motors that were the issue.

The HP rocketry group is a very small community,everyone knows each other from rocketeer to motor manufacturer and very much self regulated.

 

[Art Eatman]

Can any lawyers here speak to the question of Post #4? If not, this thread is gonna get locked.