Bacon, Alcohol, Tobacco, Firearms, Explosives

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Wishing doesn’t make it so

I’ve talked before about wishes and the ATFE. Indirectly, these were prompted by Tannerite users and the claims of the inventor and manufacturer, Dan Tanner. I’ll be more direct this time; quoted from a long thread full of wishful thinking:

Part of the problem with Tannerite is Dan Tanner. He misleads people as to the legality of his product. I just looked at his website; he continues to make specious claims about the CSPC being the regulatory body that matters. His products, once assembled, are not primarily regulated by the CSPC; his products are regulated by the ATFE. That they are binary when he ships them is how he washes his hands of responsibility for his product.
The reality is that, in many states, mixing Tannerite is regulated as the manufacturing explosives. You can make all of the federalist arguments you want; I agree, the state has no business regulating this activity. I agree that the commerce clause is speciously applied in all sorts of situations (like this) where it shouldn’t.

The fact is, in many states, mixing Tannerite is illegal without a license. Washington and Texas are two of the states where this is the case. (in Texas, it’s a county-by-county basis, but statewide it is considered illegal without a license).

I, personally, consider this type of nanny-state activity complete bullshit. Because I wish to stay out of prison, I manufacture and assemble these devices (for the Boomershoot) under the auspices of a licensed manufacturer in accordance with the regulations in the Orange Book (and the other publications the ATFE puts out).

The area where Dan Tanner is correct is in saying there is no federal regulation (for the most part). If you wish to mix Tannerite and drive it across the road, unless that road is private, you’re breaking the law unless you have 2 CDLs with HAZMAT endorsements, a portable magazine, current inspection, and placards. If you mix Tannerite and store it for over 24 hours mixed, you’ve violated another set of regulations. At the state level, things are much worse. Merely possessing mixed Tannerite in Washington is illegal. Dan can make all of the arguments he wants, but he won’t be paying your attorney’s fees when you’re up for federal time.

Think of Tannerite as that $300 DIAS in Shotgun News. The likelihood that you can legally do anything with it is pretty slim.

Above all, don’t believe me. Read the laws for your own state. Read the Orange Book. Please don’t trust Dan Tanner to tell you how to legally manufacture explosives. Please don’t trust Ry Jones, either. The laws are simple enough. Read them, understand them, and make informed decisions about risks.

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Written by Ry Jones

22 May 2008 at 8:42

Posted in RKBA, Shooting Stuff

3 Responses

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  1. [...] I already linked to Washington law in my previous post. [...]

  2. Yes, the law is very simple to read. It’s unfortunate that some people aren’t bright enough to comprehend it. Tannerite is legal in both Washington State and Texas, state wide. Tannerite is just another form of black powder. Black powder is a class 1 explosive. However, it’s legal (federally) in quantities of 50 lbs or less IF USE IN CONJUNCTION WITH SPORTING ARMS. Some states like Washington have a lesser limit (5lbs). Our lawyers opinion is that if you live in Washington state, and mix more than 5 lbs at one time, you would be in violation. But you can always shoot five pounds and then mix another five pounds.
    The original poster is also wrong about DOT law. You can transport explosives for NON commercial purposes without a CDL. A farmer driving some dynamite to his ranch for non commercial use, does NOT have to have a 5 million dollar endorsement on a Commercial Driver’s License. Neither does a muzzle loader hunter who is transporting black powder.
    And the statement that our company won’t help people with legal issues is not true either. I have a list of people who I have helped get out of legal binds by testifying, and paying for their lawyer fees. It’s a necessary thing to do to establish president, and it’s also the moral thing to do.
    I can be reached toll free for any comments at 877-744-1406.
    Daniel J. Tanner
    Tannerite Explosives

    Daniel J. Tanner

    9 March 2009 at 12:48

  3. Wooops…I mean “Precedent” What was I thinking? lol

    Daniel J. Tanner

    9 March 2009 at 12:53


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