Update as of 12/17/06
This message is posted from Tom Handle regarding the
status of the CPSC litigation against Firefox. - Dave
---
In the Firefox/CPSC case, on December 6, 2006, the judge issued
a ruling. The judge directed both parties to negotiate a mutually
acceptable plan for enforcement of the regulations and applicable
law which CPSC has authority to enforce.
What that means is that CPSC and Firefox must reach an
agreement on which chemicals and supplies are to be limited
in sales to non-ATF license holders, and what quantities will be
allowed to each purchaser.
The judge set a deadline of January 15, 2007 to present the
agreed-upon compromise to him. It is possible that this deadline
could be extended an additional 30 to 90 days if need be.
The judge indicated that he does not want to see Firefox forced
out of business. The judge has instructed both the government
and Firefox that if they fail to reach an agreement, he will make
the decision. The judge has stated explicitly that it is in the
parties' best interests to reach a compromise agreement --
meaning that it is in both parties' mutual interests for them to
decide what to do rather than the judge.
What does this mean for our hobby?
1) Whatever we get, it will almost certainly be better than what
the CPSC wanted, but less than what Firefox would want. Given
that the judge has indicated his willingness to consider lesser
restrictions than CPSC desired to impose, we are hopeful. But
it is too soon to know the final outcome. And there is a very real
possibility of further expensive and time-consuming legal action.
In the short-term, we must prepare thoroughly for the upcoming
negotiations, including creative approaches that might satisfy
CPSC's desire to ensure that pyrotechnic materials are only used
in an acceptable manner.
2) The fireworks hobby community will have input, either via
negotiations with CPSC or via submission to the judge, in the
final outcome.
3) If a mutually acceptable negotiation is reached, our hobby will
continue. But, whether a negotiated settlement is reached or the
judge himself decides, it is inevitable that quantities of some
chemicals available to non-ATF licensed buyers will be reduced.
What do we need to do next?
1) The case is not over. We still have huge expenses ahead as
we enter into negotiations. Please make a contribution to the
Fireworks Foundation. We do not want to falter now that we are
entering the home stretch. We absolutely need more funding.
2) If you know federally elected or appointed officials with
potential influence at or upon CPSC, please contact John
Steinberg, Tom Handel, or Harry Gilliam immediately.
Contact information below.
3) Please join the Fireworks Alliance if you have not already done
so. This will be the basis of our future efforts as we continue our
long range goals of working to develop a better regulatory climate
for our hobby. Go to http://www.fireworksalliance.com and sign up
there. It's free.
The PGI Board of Directors, the Board of the Fireworks Alliance,
and the Trustees of the Fireworks Foundation want to thank
each and every one of you who has contributed time, money
or effort to this matter so far. You have made it possible for
the Firefox case to get this far. Although the case is not over
yet, and there is still much legal work to be done on it, we
want you to know that you have truly made a difference to the
fireworks hobby. Without the strong showing we made enabled
by the funding you provided to defend this matter aggressively,
FireFox would have been compelled to enter into an agreement,
crafted unilaterally by the CPSC, that would have effectively
ended their business and quite possibly our hobby years ago.
Thank you again, and, please, send those checks and PayPal
donations to the Fireworks Foundation today. After all, couldn't you
use one more tax deduction in 2006? If you would like to make a donation NOW please scroll down to the fireworks foundation link and click on it. What if everyone one of us gave just one dollar! What about two dollars? Give what you can NOW!
OR
Mail your checks to:
Michael Swisher, Treasurer
The Fireworks Foundation
14511 Olinda Boulevard, North
Stillwater, Minnesota 55082 And make sure to put firefox Vs CPSC somewhere with the check.
If you have political contacts, please get in touch with:
John Steinberg: jrsroc...@aol.com
Tom Handel: than...@bellatlantic.net
Harry Gilliam: hegill...@skylighter.com
Join The Fireworks Alliance. It's free:
http://www.fireworksalliance.org
This is a very serious problem. If we do not fight together to stop what the CPSC is trying to do. We will all be out of the pyrotechnics hobby and fireworks making will be NO MORE!!! Please donate and STOP the madness.
Here is a link to The Fireworks Foundation web site. This web site you can read all you want on this issue and see just how serious this is. You can donate with credit cards on this link also. Please click on this link The fireworks foundation to see what we are facing.
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
