I got this from pyrocreations.com a few minutes ago. While it appears to be an action against fireworks hobbyists, it may affect all of us as well:
THE FIREFOX CASE HAS BEEN LOST
On December 6th, 2006 Firefox lost the case brought
against it by the CPSC. What will follow is an
injunction against Firefox. In his 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.
Both sides are currently engaged in those negotiations.
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 be 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 is 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
in the final outcome, either via negotiations with
CPSC or via submission to the judge.
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 YOU CAN DO TO HELP IN THE FIREFOX CASE
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
Pay Pal donations to the Fireworks Foundation today.
After all, couldn't you use one more tax deduction in
2006?
Fireworks Foundation:
Make your check payable to: "The Fireworks Foundation"
Mail your checks to:
Michael Swisher, Treasurer
The Fireworks Foundation
14511 Olinda Boulevard, North
Stillwater, Minnesota 55082
If you have political contacts, please get in touch
with:
John Steinberg: jrsrocket@aol.com
Tom Handel: thandel@bellatlantic.net
Harry Gilliam: hegilliam@skylighter.com
Join The Fireworks Alliance. It's free:
http://www.fireworksalliance.orgHOW WILL THE FIREFOX CASE IMPACT YOU PERSONALLY?
The government is asking that the following items be
restricted in sales to non-ATF license holders:
* Oxidizers: No more than one pound per customer per
year.
* Fuels: None, unless they are larger than 100 mesh
particle size.
* Tubes: None, unless they are 10 inches or longer
* Fuse: No more than 25 feet per customer per year
"Oxidizers" are defined as: ammonium nitrate,
potassium chlorate, potassium perchlorate, potassium
nitrate, sodium chlorate, sodium perchlorate, sodium
nitrate, barium nitrate, strontium nitrate, potassium
permanganate.
"Fuels" are defined as: aluminum, aluminum alloys,
magnesium, magnesium-aluminum alloys, antimony sulfide
or trisulfide, potassium benzoate, sodium benzoate,
sodium salicylate, sulfur, titanium, zinc, zirconium,
or zirconium hydride.
There are proposed transportation restrictions as
well, which could further impede your ability to get
what you need.
At this point, I cannot tell you what the final
restrictions will be. Firefox's legal team will do
everything it can to prevent the government from
getting everything it wants. But there WILL be
restrictions. And it is possible that some or all of
those restrictions will be in effect as early as next
month, January 2006.
If you need anything on the list above to continue
making your particular type of fireworks, I encourage
you to get what you anticipate you will need now. Do
not wait. Period.
