
This is the email that was sent on the PML.
Dear Pyro Hobbyists:
This is Danny Clark, past President of the Crackerjacks. On behalf of
the Fireworks Foundation and the pyro community, I desperately need to ask
for your help on a serious situation that directly affects the pyro hobby.
Firefox was served a summons to sign a decent decree that effectively says
that they must stop selling most oxidizers and fine mesh metals to non-ATF
permit holders. If they fail to sign, they have been ordered to appear
in court. ATF rules do not forbid hobbyist manufacture in states where
it is not prohibited. ATF rules do not forbid sales of these chemicals.
If the CPSC is successful, Firefox, Skylighter and the other chemical suppliers
will be out of business. Hobbyist manufacture of fireworks will be gone.
This is a VERY serious situation.
The Fireworks Foundation has formed a legal team to analyze and defend the
situation. This defense team needs funding. They may also need
support in the form of letters.
I am asking each pyro hobbyist to make a donation of whatever amount you can
afford. If you can give even a $1, it is appreciated.
In a few days there will be a website for news regarding this situation. It
will also list all of those companies, clubs, and people that have made pledges/donations
above $1000. Therefore, please send me an email when you make a pledge.
Send actual payments
to:
Mike Swisher
Treasurer-Fireworks Foundation
14511 Olinda Blvd. N
Stillwater, Minnesota 55082
Make checks payable to THE FIREWORKS FOUNDATION
Note on each check whether the contribution is designated for the "Chemical
Defense Fund" or "General Foundation Use"
Below are the unedited details as they have been presented by Gary and Diane
of FireFox.
Danny Clark
-------------------------------------
Begin message to John Steinberg from Firefox:
John,
The time has come to start the fund raisers, and we appreciate your willingness
to help us.
We were hoping that we would not have to write this letter, but unfortunately
all of our attempts to negotiate with the CPSC have failed. On Monday last
we were served with a Summons to either sign the Consent Decree that was attached
or appear in court. After reading through the new proposed Consent Decree,
we have come to the conclusion that to sign it we would in fact be putting
an end to our business, as we could not survive with such a devastating blow
in sales by eliminating these items from sales as stated in this Decree.
This is a brief summary of their decree; No sales whatsoever on the following
items unless the customer has an ATFE manufacturing permit; any Chlorate compound,
Magnesium Metal (all), Permanganate compound, Peroxide compound, Zirconium
Metal, or any listed in 16 C.F.R. 1507.2.
No sales on the following to anyone that does not posses a ATFE Manufacturing
Permit, the following partial size in less than 100 mesh, Aluminum and Aluminum
Alloys (all of them), Magnesium Aluminum Alloys, Titanium Alloys or Zinc Metal.
No sales on the following items to anyone that does not posses a ATFE Manufacturing
Permit in quantities greater than 1 LB per year, Antimony and Antimony
Compounds, Benzoate Compounds, Nitrate Compounds, Perchlorate Compounds, Salicylate
Compounds or Sulfur. No sales on any Fuse greater than 25' per year per customer
who does not posses a ATFE Manufacturing License.
As you can see this covers virtually ALL OXIDIZERS and most of the commonly
used fuels. This will effectively put us and all other suppliers out of business
and with us, the clubs.
The ATF tells us that hobby fireworks for your own use and not for resale
is legal without permits in most cases (you still need an ATFE to purchase
time fuse if you are making shells and black powder). However, you do have
to store the completed devices properly according to their specs (magazine)
but if you do not have an ATFE you do not need to register the magazine with
ATF. You just need one constructed according to their specs should they have
reason to visit you and you do need to keep magazine records. The CPSC does
not care about this. It looks to us like they are trying to get these chemicals
listed on the FHSA (fed hazardous substance act). If they do, these items
are GONE!
As you know we have been willing to do our part in controlling those that
wish to make illegal devises, as they are the ones that make it hard for all
of us that strive to follow the regulations and keep this hobby alive. We
do not sell "combination orders" for flash without an ATFE but the
CPSC has broadened their language as to what is a combination order. They
now state that anyone who orders the materials that can be used to make salutes,
even separately and/or over any period of time and even if not all of the
materials it takes to make them was ordered, again even over any period of
time would be in violation of the FHSA. One example is an order for potassium
chlorate or perchlorate and paper tubes! Another would be an order for 250
ft of fuse, etc. etc..
We both wish that we could fight this alone without asking for any help, but
unfortunately we do not have enough finances to do that, so we are turning
to you and humbly asking you to help us with this. It does not matter who
you purchase your materials from. If we loose this battle all the other suppliers
will fall as well and they know it. It is time to rally all the support we
can to get through this. Please help us and your hobby by addressing
as many supporters as you can to come to our aid. We have been in contact
with our attorney (Doug Mawhorr) and he is very positive that we will have
a good chance of this going our way with some restrictions of course.
Gary and I both would be devastated to see this hobby come to a halt, so no
matter how much it takes mentally and physically we will do this so that hopefully
years from now we are able to enjoy this hobby with our grandchildren as we
do today.
So, it is time to start the fund raisers, rally the troops and even some letters
can help. We need to educate the court on what these materials are used for
legally and that they are not just used or intended for illegal production
and/or sale. Any comments or letters we can present the court would help.
I believe the key to this is education. We appreciate all your continued support,
Gary and Diane