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Boom: anti-Tannerite bill?

VaGunTrader

Regular Member
Joined
Jul 26, 2008
Messages
215
Location
Dinwiddie, Virginia, USA
What I haven't figured out is why a delegate from Danville is pushing this instead of Chesterfield.

Someone in Danville must be having too much fun.

I think a mile is too much. Thats really going to limit who can shoot tannerite. Even at the 300 acre farm we use there are still houses well within a mile.

The landowner and I agreed that we will limit what is exploded on the farm to two (2) pounds. We can have plenty of fun with two pounds and not disturb the neighbors a half mile away.
 

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
come on now Skid, according to that video Obama has to approve or veto it.

Adjust a little. It's the same basic process in the Commonwealth. Just switch out Obama and switch in the Governor.

And what makes you think te Governor will not sign it if it makes it to his desk?

stay safe.
 

user

Accomplished Advocate
Joined
Feb 12, 2009
Messages
2,516
Location
Northern Piedmont
I don't mean to rain on the parade, here, but here's my response to a recent inquiry I got about whether or not Tannerite is street-legal:

That AG opinion is just a review of the applicability of a single statute and doesn't say that tannerite is legal. Tannerite is within the definition of "fireworks" under the State Fire Prevention Code, and it is not within the definition of "permissible fireworks" which can be used on a person's own property unless prohibited by a local ordinance. If it goes up into the air or goes bang, it is prohibited, and possession or use is a class-one misdemeanor.

My opinion is that unlicensed possession of it is a federal felony under 18 U.S.C. § 842 good for ten years at Talladega at federal expense (and I don't mean watching stock-car races). Local police won't enforce that unless there's some other reason; but see: http://www.atf.gov/press/releases/2013/12/122313-ny-williamsville-man-sentenced-for-bomb-making.html

It is possible to obtain an exemption or a permit, though. See the Code of
Federal Regulations, Title 27, Chapter II, Subchapter C, Part 555. The CFR
is at:

http://www.ecfr.gov/cgi-bin/ECFR?page=browse.
 
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skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
I don't mean to rain on the parade, here, but here's my response to a recent inquiry I got about whether or not Tannerite is street-legal:

The possession of the two binary ingredients, unmixed with each other, does not appear to be ulegal.

Would a local sheriff be interested in forensic analysis to prove that the two binary ingredients were mixed to form the illegal substance tannerite and then set off in contravention of the fireworks laws?

I am not advocating for any act which is illegal or otherwise contravenes law. I'm just wondering how far law enforcement might be willing to go.

stay safe.
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
I don't mean to rain on the parade, here, but here's my response to a recent inquiry I got about whether or not Tannerite is street-legal:

Interesting information, counselor. While I am familiar with the AG's opinion, I also recognize that such is not binding in court. Avoiding a knee-jerk reaction is one of my primary goals -think it is much better to get all of the facts.

Also in many environments the concussion from a good size charge of Tannerite can literally shake the windows. While some might feel that having fun should certainly be their right, I fail to see where getting a negative charge out of our neighbors by causing a substantial explosion furthers our RKBA.

I have taken part in a picnic, range meet up where Tannerite was used - it was fun......it was also enlightening as to just how noisy/powerful the blast can be.

I'll have to think on this more - in the meantime though, I will heed user's learned advise.
 

VaGunTrader

Regular Member
Joined
Jul 26, 2008
Messages
215
Location
Dinwiddie, Virginia, USA
I appreciate your opinion on this User, though sorry to see it.

Using tannerite for recreational purposes, I would think, shouldn't be a problem. BUT.... the amount used and the proximity to dwellings need to be taken into consideration. And if regulations were passed for amount and proximity, if within reason, I wouldn't have a problem with it.

I think if users of tannerite used it within reason, not to alarm and disturb neighbors who would call and complain to the law, then the law shouldn't worry about it.
 

user

Accomplished Advocate
Joined
Feb 12, 2009
Messages
2,516
Location
Northern Piedmont
The possession of the two binary ingredients, unmixed with each other, does not appear to be ulegal.

Would a local sheriff be interested in forensic analysis to prove that the two binary ingredients were mixed to form the illegal substance tannerite and then set off in contravention of the fireworks laws?

I am not advocating for any act which is illegal or otherwise contravenes law. I'm just wondering how far law enforcement might be willing to go.

stay safe.

Va. Code sxn 18.2-85 "...Any person who (i) possesses materials from which fire bombs or explosive materials or devices can be made with the intent to manufacture fire bombs or explosive materials or devices ... shall be guilty of a class 5 felony. ..."
 

user

Accomplished Advocate
Joined
Feb 12, 2009
Messages
2,516
Location
Northern Piedmont
I appreciate your opinion on this User, though sorry to see it.

Using tannerite for recreational purposes, I would think, shouldn't be a problem. BUT.... the amount used and the proximity to dwellings need to be taken into consideration. And if regulations were passed for amount and proximity, if within reason, I wouldn't have a problem with it.

I think if users of tannerite used it within reason, not to alarm and disturb neighbors who would call and complain to the law, then the law shouldn't worry about it.

Operative word there is "shouldn't". I agree with that. But I think it would take a statutory exception on both federal and state levels to make recreational use legal. Particularly since it can be classed as fireworks, which generally are for recreational purposes. Here's another thing: model rocketry as practiced by kids and taught in some schools for scientific education, falls under the prohibition.

The real question is going to be whether anyone in law enforcement cares to enforce the law. They have prosecutorial discretion and are entitled to look the other way. Take signs people put up in the public right of way, for example, particularly those posted on utility poles - doing that constitutes three separate class-one misdemeanors, good for a max of 36 months in jail plus fines. Does anyone ever get prosecuted for their lost-cat signs? Thing is, as my uncle, the former Chief of Police in Alexandria, used to say, "don't have any chinks in your armor". If you're doing the same thing everyone else is doing and they're getting away with it regularly, but for some reason a particular cop doesn't like you, well, guess who's going to jail.
 

user

Accomplished Advocate
Joined
Feb 12, 2009
Messages
2,516
Location
Northern Piedmont
Interesting information, counselor. While I am familiar with the AG's opinion, I also recognize that such is not binding in court. Avoiding a knee-jerk reaction is one of my primary goals -think it is much better to get all of the facts.
...

A key thing to remember is that the AG's office was only asked whether Tannerite violates a particular statute, not whether or not it's legal to use it.
 

WalkingWolf

Regular Member
Joined
Jul 31, 2011
Messages
11,930
Location
North Carolina
The soldiers in Va must not do any bombing practice there, otherwise Tannerite would seem like tiny firecrackers. IMO this is more about restricting freedom than actual noise.

Somebody should suggest he try to outlaw lightning also since noise bothers him.
 
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peter nap

Accomplished Advocate
Joined
Oct 16, 2007
Messages
13,551
Location
Valhalla
Interesting thread!
I was at the Chesterfield meeting where the Tannerite shoot was discussed. I talked to Va Gun Trader and the landowner and a few of the residents as well as the Legislator who attended.

I'll give Va Gun Trader and the landowner an A+ for how they handled it and many of the comments/complaints had nothing to do with Tannerite, rather mystery booms from elsewhere.

Now just for me....I don't ask the local cops for legal advice, or the Commonwealths Attorney. AG's opinions are usually helpful because they contain the cites to form my own opinion, but the AG Opinions are just that....his opinion and not law.

When I have a question about a LAW...I ask User and often he doesn't give me the answer I want, but to date, it's never been wrong.
Considering the landowner in the Tannerite shoot actually had Homeland Security helicopters hovering overhead, I'd say they had gathered the attention of the Fed's.

My biggest concern would be that if you were charged under Va. Law for a violation, an over zealous ATF agent could use what the locality had gathered to make a Federal case.

I suppose it depends on your priorities. I like to see exactly where my bullets are going so a paper target suits me more than watching them blow up. Others feel differently though and that's their choice.
 
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