Gary was forced to provid exempt PADS not "explosive materials per COURT ORDER.
ATFE Forces Aerotech To Provide Motors For ATFE Anti-Rocketry Video
December 20, 2003 - Since the publication by ARSA of the ATFE's attempt to produce an anti-rocketry video on the dangers of hobby rockets to commercial aircraft, vendors and manufacturers have refused to sell to the ATFE. This resulted in a letter from the ATFE to the president of Aerotech, Gary Rosenfield demanding that they deliver 40 G80 motors to the ATFE. The ATFE letter claimed the hobby rocket motors were needed in the interest of national security under the Homeland Security Act - 18 U.S.C. 843(i). The letter claimed Aerotech had no other option under the law and the motors were to be delivered to ATFE agent David Shatzer no latter than December 9, 2003.
The text of the letter appears below. A scan copy of the letter can be viewed in Adobe Acrobat PDF format by clicking here.
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Dear Mr. Rosenfield:
As you may be aware, Federal law provides that, when required by letter issued by the Attorney General, manufacturers of explosive materials must furnish samples of the explosive materials they manufacture. See 18 U.S.C. 843(i). The authority to administer all provisions of the Federal explosives laws, including section 843(i), has been delegated to the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). See Attorney General Order No. 2650-2003, 68 Fed. Reg. 4923 (January 31, 2003), codified at 28 C.F.R. Part 0, Subpart W. The Director has delegated to me the authority to require samples pursuant to section 843(i). Accordingly, by this letter, I am requiring that you furnish ATFE with the following:
Forty (40) AeroTech G-80 ammonium perchlorate composite propellant rocket motors - any delay.
It is required that you make the above-described items available for pick-up by ATF no latter than December 9, 2003.
ATF will reimburse AeroTech for the fair market value of the samples provided. Accordingly, if you would be so kind as to provide us with a listing of the retail price for the items listed above, we will have your reimbursement available on the date the items are transferred to ATF. In this regard, and to make arrangements to transfer the listed items to ATF, please contact David Shatzer ATF Explosives Research and Development Branch, at 202-494-8265.
We appreciate your cooperation in this matter.
Sincerely yours, John P. Malone Assistant Director (Firearms, Explosives and Arson)
Jerry!