Joint Statement on BATF Litigation
This message will outline the current status and progress of our efforts in the U. S. Court of Appeals in Washington, DC.
Our case has completed the first four of five steps prior to oral argument before the Court. Specifically, NAR and TRA, referred to as the Appellant in the language of the Court, filed our initial brief on August 10, 2005. BATFE, referred to as the Appellee, filed their initial brief on September 9, 2005. Our reply brief to ATF was filed Friday, September 23, 2005. All three documents are available for download:
A hearing for oral arguments has been set for Tuesday, January 10, 2006. After oral arguments, the Court would review the record and author an opinion. That opinion appeal will determine a key point -- whether the ATF even has jurisdiction to regulate APCP motors as meeting the legal definition of an explosive. Any relief sought by NAR and TRA would come in a Court Order attached to the opinion.
We again remind members who either are threatened or receive BATFE enforcement action that they should immediately contact NAR President Mark Bundick via email or at 415-477-0954 or TRA President Ken Good via email or at 412-260-4223 and provide full details of those actions or threats. NAR/TRA counsel will then seek the appropriate relief for members from Judge Walton's court.
As always, we appreciate the comments, input and support of NAR and TRA members in this fight. And, as our case proceeds, we will continue to need your financial support to build on this victory. We urge you to make a donation to the Legal Defense Fund today, in whatever amount you possibly can contribute. Your support and generosity will be recognized and acknowledged, and you'll be able to say "I supported the fight for an unregulated sport rocket hobby."
When we have further developments, we'll report them here and in our publications, as soon as possible.
Mark Bundick, President
National Association of Rocketry
Ken Good, President
Tripoli Rocketry Association
As always, you can send me your comments via email, or mail them to me at
Mark Bundick
423 Sunset Drive
Lakewood, IL 60014-5332