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 Post subject: Tannerite is illegal
New postPosted: 15 Mar 2009, 22:22 
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So after 2 months of bullshit from Pima County, that's what they're telling me.

Mid January I was shooting Tannerite at Reddington outside Tucson. These 2 deputies drive by, don't like it, and take it all. They keep telling me how it's legal but they call this sergeant at the Pima County Sheriff's EOD, Christopher Rogers. This cocksucker tells them to charge me with all these bullshit little misdemeanors, at their discretion. They don't charge me but take the tannerite. This piece of shit, Rogers, avoids my calls for weeks then when I call above him they make him call me back and he says "Tannerite is illegal in this state. You will not be getting it back. We're still considering charging you." I asked how it was illegal and he said it was illegal under state law 36-1602 then he hung up. Here's a link to this law http://www.azleg.state.az.us/FormatDocument.asp?format=normal&inDoc=/ars/36/01602.htm

I keep calling him and he's ignoring me so I go above him again and they finally assign someone to the case. This new deputy calls and interrogates me and my friends over the phone, threatens to get the county attorney and ATF involved. I told her to go for it. After a few more weeks of waiting and calling, I go down to the Pima County Sheriff's dept. Another deputy in the bomb division talks to me for about an hour about this case. He calls an ATF agent in Phoenix, agent Danny Watenbaugh. I'm sitting there while they're talking on speaker phone. This ATF agent admits that tannerite is legal both at the federal and state levels. However, the Pima County Attorney is considering it as a firework so it falls under 36-1602 as a misdemeanor. This deputy strongly reccomends I drop my inquiries and let it go. This deputy agrees that sgt Christopher Rogers is a bad guy and he warns me that if I push this, I won't win.

The following day, I get a call back from the assigned case deputy. She says that tannerite is illegal in the whole state. I told her about what the ATF agent said and she says he's wrong. She calls him. The f***ing faggot goes back on everything I heard him say and he now says tannerite is illegal in the whole state under state law. I talked to her a while and its basically like this: the ATF and Pima County Attorney are extremely pissed that tannerite is legal, they keep talking shit about Daniel Tanner and this "federal loophole" that allows him to sell it. They don't like it so they pull this fireworks law out of their ass and threaten misdemeanor charges.

In the end, I'm out about $150 for the almost 2 cases of tannerite Pima County stole from me. One deputy told me based on the ATF agent's words that it was illegal only in Pima County. He told me in the future, just drive to another county and I'll be fine. Another deputy told me based on the same damn ATF agent's words that it is illegal in the whole state. As of now. Be warned that Pima County officials really really don't like tannerite and use it at your own risk!


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 Post subject: Re: Tannerite is illegal
New postPosted: 15 Mar 2009, 22:36 
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Joined: 01 May 2007, 20:58
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I am just going to say that these guys in the Pima County SO sound like a bunch of backwoods retards.

Good Luck with this. I do know what they mean about "dont push the case".. Been down this road before a long time ago....

Pick and chose your battles man... Some, no matter how much you might be right, might just cost you....

If you are going to fight this thing, cover your bases and get legal representation.....


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 Post subject: Re: Tannerite is illegal
New postPosted: 15 Mar 2009, 22:40 
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I'm not going to push it. The lawyer fees and time and such would cost more than the tannerite they stole from me. I just posted this to warn everyone else in Pima County or even the whole state.

On a positive note, the deputies told me the state fireworks law is going to be lifted pretty soon at which point tannerite will be 100% legal.


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 Post subject:
New postPosted: 15 Mar 2009, 22:45 
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.


Last edited by dromney on 30 Dec 2012, 16:26, edited 1 time in total.

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 Post subject: Re: Tannerite is illegal
New postPosted: 15 Mar 2009, 22:50 
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I don't have recordings but do have witnesses for most of the conversations. I'm not pushing the case because they told me it's best to leave it at this level. They told me I don't want to be "the" test case and be made an example of. That's why I posted here to warn everyone else.

I'm active duty Air Force, and that seemed to be the deciding factor to the Pima County Attorney. They said they're handling it on a case-by-case basis and my military status is why they're not charging me. That pisses me off though because God help someone who is just as law abiding as me and isn't military, these pima county officials are so corrupt....


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 Post subject: Re: Tannerite is illegal
New postPosted: 15 Mar 2009, 22:54 
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Maybe the AZCDL would be interested in helping fund a law suit against the county. There is nothing worse than a group of tin-horned dictators legislating from behind a badge.

Ed


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 Post subject: Re: Tannerite is illegal
New postPosted: 15 Mar 2009, 22:56 
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Epic Ed wrote:
Maybe the AZCDL would be interested in helping fund a law suit against the county.


Don't you think the AZCDL has better things to worry about, like oh, guns and better carry laws, than whimsical 'explosive' targets?

Besides, we've been round about on this forever, and frankly, under the definition of fireworks in the ARS, how the hell is it not a firework?

ARS:

A. Except as otherwise provided by this article, it is unlawful to sell, offer or expose for sale, use, explode or possess any fireworks.


That being said, the prohibition of fireworks is ridiculous in the first place...

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Last edited by Ceramic_God on 15 Mar 2009, 22:58, edited 1 time in total.

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 Post subject: Re: Tannerite is illegal
New postPosted: 15 Mar 2009, 22:57 
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That's such BS. Sorry you had to deal with that. It's cops like that, that make me dislike many of them. However I ran into some real cool ones and talked shop, which made me remember they are real people too. I hate when people power trip like that though.

+1 for fighting the good fight though man.

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 Post subject: Re: Tannerite is illegal
New postPosted: 15 Mar 2009, 23:16 
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Many of us here have been saying this for years, not that most of us agree with it.

Contact Daniel Tanner. He has sworn up and down that the statute quoted does not apply to Tannerite, but won't tell anyone why. He may be able to give you better guidance.

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 Post subject: Re: Tannerite is illegal
New postPosted: 15 Mar 2009, 23:23 
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I was in contact with Mr. Tanner since this whole thing started. Haven't been able to get in touch with him lately. He kept telling me "tannerite is not a firework" but the Pima County attorney says that once mixed it becomes a firework, because there is a visual and audible effect. Then when I started arguing, she said even not mixed it's a firework, that's why I can't get my tannerite back, because even not mixed, it's contraband which I think is bullshit.

I heard the atf asshole in Phoenix say "we've been trying to ban Tannerite for years". Under all federal explosives laws, it's legal, but in this county they say it's not.


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 Post subject: Re: Tannerite is illegal
New postPosted: 16 Mar 2009, 00:13 
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erb_m92 wrote:
I was in contact with Mr. Tanner since this whole thing started. Haven't been able to get in touch with him lately. He kept telling me "tannerite is not a firework" but the Pima County attorney says that once mixed it becomes a firework, because there is a visual and audible effect. Then when I started arguing, she said even not mixed it's a firework, that's why I can't get my tannerite back, because even not mixed, it's contraband which I think is bullshit.

I heard the atf asshole in Phoenix say "we've been trying to ban Tannerite for years". Under all federal explosives laws, it's legal, but in this county they say it's not.


Yeah, he came on here about 4 years ago and kept saying that, but could never reference anything about that.

Keep us posted as to what he says...

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 Post subject: Re: Tannerite is illegal
New postPosted: 16 Mar 2009, 02:17 
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I would contact the AZ CDL, they are interested in promoting Freedom just go to the AZ CDL site in AZS


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 Post subject: Re: Tannerite is illegal
New postPosted: 16 Mar 2009, 07:54 
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I don't know why you are so upset, the government knows how to take better of you than you do. [smilie=icon_rolleyes.gif] My God you could kill yourself with that stuff or someone else. [smilie=skull_125.gif] So, where can I get me some? [smilie=icon_mrgreen.gif]

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 Post subject: Re: Tannerite is illegal
New postPosted: 16 Mar 2009, 09:16 
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http://www.azleg.state.az.us/ars/36/01601.htm wrote:
http://www.azleg.state.az.us/ars/36/01601.htm

36-1601. Definitions

In this article, unless the context otherwise requires:

1. "Fireworks":

(a) Means any combustible or explosive composition, substance or combination of substances, or any article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation, and toy cannons in which explosives are used, the type of balloon which requires fire underneath to propel it, firecrackers, torpedoes, skyrockets, roman candles, daygo bombs, sparklers or other fireworks of like construction, fireworks containing any explosive or combustible compound, and any tablet or other device containing an explosive substance.

(b) Does not include:

(i) Toy pistols, toy canes, toy guns or other devices in which paper caps containing not more than twenty-five hundredths grains of explosive compound are used if constructed so that the hand cannot come in contact with the cap when in place for the explosion.

(ii) Toy pistol paper caps that contain less than twenty-hundredths grains of explosive mixture, or fixed ammunition or primers therefor.

(iii) Federally deregulated novelty items known as snappers, snap caps, party poppers or glow worms that contain less than twenty-five hundredths grains of explosive compound.

2. "Governing body" means board of supervisors of a county as to the area within the county but without the corporate limits of an incorporated city or town, and means governing body of an incorporated city or town as to the area within its corporate limits.

3. "Person" includes individual, partnership, firm or corporation.

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 Post subject: Re: Tannerite is illegal
New postPosted: 16 Mar 2009, 10:45 
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erb_m92 wrote:

On a positive note, the deputies told me the state fireworks law is going to be lifted pretty soon at which point tannerite will be 100% legal.



Considering the other lies and shit they spewed from their mouths, this may mean nothing. But it is intriguing. Did they elucidate at all as to how it is supposed the fireworks law will be lifted soon? I'd like to know more about that.

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