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9/19/2017 7:27:10 PM
Posted: 2/5/2006 6:18:39 AM EDT
[Last Edit: 2/5/2006 9:50:50 AM EDT by mikejohnson]
I am no patent attorney, but here is my take on it.
The patent is for the process and entire consumer package distribution for an exploding target, but I question the merits of the patent based on it being obvious and "prior art". This type of thing has been done long before. In fact, this was done before, but already mixed thereby making it a hassle to distribute because it was already classified an explosive, resulting in smaller explosives in order to distribute. His "idea" was to package the product so that you had to mix the ingredients on-site.
FYI: A recipe cannot be patented.

Have at it folks!

United States Patent 6848366
(www.uspto.gov)

---------------------------------

United States Patent 6,848,366
Tanner February 1, 2005

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Binary exploding target, package process and product


Abstract
A binary exploding target package, a process of forming an exploding target from the contents of the binary exploding target package, and the exploding target formed therefrom. The binary exploding target package includes a first, target container and a second container. An oxidizer composition is contained within one of the containers and a catalyst composition is contained within the other container. An exploding target is formed by mixing the oxidizer and catalyst compositions, and introducing the mixture into the target container to form an exploding target just prior to using the exploding target as a target for a shooting exercise.


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Inventors: Tanner; Daniel Jeremy (36366 Valley Rd., Pleasant Hill, OR 97455)
Appl. No.: 274464
Filed: October 17, 2002

Current U.S. Class: 102/335; 102/293; 149/41; 149/42; 149/43
Intern'l Class: F42B 004/00; C06B033/14; C06B033/06; C06B033/04
Field of Search: 149/109.6,45,61,37,41,42,43 102/335,293 89/36.17



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References Cited [Referenced By]

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U.S. Patent Documents
3259532 Jul., 1966 Gray 149/1.
4944815 Jul., 1990 Consaga 149/19.
5922986 Jul., 1999 Wanninger et al. 89/36.

Primary Examiner: Felton; Aileen B.
Attorney, Agent or Firm: Howard; Robert E.

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Parent Case Text

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CROSS-REFERENCE TO RELATED APPLICATIONS

This is a continuation-in-part of application Ser. No. 09/872,187 filed Aug. 20, 2001.
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Claims

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The invention claimed is:

1. A binary exploding target package, said package including:

a first, target container and a second container;

one of said first and second containers containing an oxidizer composition, and the other of said first and second containers containing a catalyst composition;

said oxidizer composition including ammonium nitrate in an amount between about 50% and 100% by weight, and ammonium perchlorate in an amount between 0% and about 50% by weight;

said catalyst composition including aluminum powder and minor amounts of titanium sponge and zirconium hydride;

said target container being sized to receive a mixture comprised of all of said oxidizer composition and all of said catalyst composition.

2. The binary exploding target package of claim 1 wherein said target container has an outer surface that includes a target fixed thereon.

3. The binary exploding target package of claim 1 wherein said target container is formed of a material which shatters into very small pieces of a non-injurious size upon detonation.

4. The binary exploding target package of claim 3 wherein said target container is formed of polyethylene.

5. The binary exploding target package of claim 1 wherein said oxidizer composition includes about 85% by weight ammonium nitrate and about 15% by weight ammonium perchlorate.

6. The binary exploding target package of claim 1 wherein said catalyst composition includes about 90% by weight aluminum powder, about 5% by weight titanium sponge, and about 5% by weight zirconium hydride.

7. The binary exploding target package of claim 6 wherein said aluminum powder is explosive grade aluminum powder having a particle size of about 500 mesh.

8. The binary exploding target package of claim 6 wherein said titanium sponge has a particle size of about 325 mesh.

9. The binary exploding target package of claim 6 wherein said zirconium hydride has a particle size of about 200 mesh.

10. The binary exploding target package of claim 1 wherein the weight ratio of said oxidizer composition to said catalyst composition is about 8:1.

11. A binary exploding target comprising:

a target container containing an oxidizer composition, said oxidizer composition including ammonium nitrate in an amount between about 50% and 100% by weight and ammonium perchlorate in an amount between 0% and about 50% by weight; and

a catalyst composition, said catalyst composition including aluminum powder and minor amounts of titanium sponge and zirconium hydride.

12. The binary exploding target of claim 11 wherein said target container has an outer surface that includes a target fixed thereon.

13. The binary exploding target of claim 11 wherein said target container is formed of a material which shatters into very small pieces of a non-injurious size upon detonation.

14. The binary exploding target of claim 13 wherein said target container is formed of polyethylene.

15. The process of forming an exploding target comprising:

selecting a first, target container and a second container;

storing an oxidizer composition within one of said first and second containers and a catalyst composition within the other container;

said oxidizer composition including ammonium nitrate in an amount between about 50% and 100% by weight and ammonium perchlorate in an amount between 0% and about 50% by weight;

said catalyst composition including aluminum powder and minor amounts of titanium sponge and zirconium hydride;

transporting said first and second containers to a location to be used for a shooting exercise;

mixing said oxidizer composition and said catalyst composition together to form an oxidizer/catalyst mixture; and

introducing said oxidizer/catalyst mixture into said target container to form an exploding target.

16. The process of claim 15 wherein said oxidizer composition includes about 85% by weight ammonium nitrate and about 15% by weight ammonium perchlorate.

17. The process of claim 15 wherein said catalyst composition includes about 90% by weight aluminum powder, about 5% by weight titanium sponge, and about 5% by weight zirconium hydride.

18. The process of claim 15 wherein said aluminum powder is explosive grade aluminum powder having a particle size of about 500 mesh.

19. The process of claim 15 wherein said titanium sponge has a particle size of about 325 mesh.

20. The process of claim 15 wherein said zirconium hydride has a particle size of about 200 mesh.

21. The process of claim 15 wherein the weight ratio of said oxidizer composition to said catalyst composition is about 8:1.

22. The process of claim 15 wherein said target container includes a target area fixed on the outer surface thereof.
--------------------------------------------------------------------------------

Description

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BACKGROUND OF THE INVENTION

The present invention relates to a binary exploding target package, a process of forming an exploding target from the contents of the binary exploding target package, and the exploding target product formed therefrom.

In the past, several companies have offered for sale small exploding targets for use in target practice, training, long range competition, etc. Such exploding targets come with all of the explosive ingredients already mixed, and are classified by federal regulations as a hazardous material and as an explosive. In use, such exploding targets are difficult to be heard over the sound of the muzzle blast from a high powered rifle.

SUMMARY OF THE INVENTION

It is an object of the present invention to provide a binary exploding target package that is safe and legal to ship and store.

It is a further object of the present invention to produce an exploding target from the binary exploding target package that produces a very loud sound upon detonation by a round fired from a center fire rifle.

It is a still further object of the present invention to provide a process of making an exploding target product from the binary exploding target package.

The binary exploding target package of the present invention includes a first, target container and a second container. An oxidizer composition is contained within one of the containers and a catalyst composition is contained within the other container.

An exploding target is formed by mixing the oxidizer and catalyst compositions, and introducing the mixture into the target container to form an exploding target just prior to using the exploding target as a target for a shooting exercise.

BRIEF DESCRIPTION OF THE DRAWINGS

FIG. 1 is a front elevation view of the contents of the binary exploding target package of the present invention.

DESCRIPTION OF PREFERRED EMBODIMENTS

The present invention relates to a binary exploding target package, a process of forming an exploding target from the contents of the binary exploding target package, and the exploding target formed therefrom. The exploding target is for use as a target for target practice, training, competitive shooting, etc. (all hereinafter intended to be included within the phrase "shooting exercise").

In FIG. 1 the contents of the binary exploding target package 10 of the present invention are illustrated. The package 10 includes a first, target container 20 and its contents, a second container 30 and its contents, an empty mixing container 40 and a funnel 50. The target container 20, the second container 30, the mixing container 40 and the funnel 50 are all made of a non-spark generating plastic material, such as polyethylene.

Target container 20 is comprised of a target bottle 22 having a sealing cap 24 removably attached thereto, such as a screw cap. A target area 26 is fixed on the outer surface of target container 20, such as by being printed or embossed onto container 22, or applied thereto as a label.

Preferably target area 26 is a fluorescent orange label having a cross 28 printed thereon. However, any suitable target may be printed on label, such as a bull's-eye, "X", etc.

It is preferred to make the target bottle 22 of a material which shatters into very small pieces of a non-injurious size upon detonation in order to minimize or eliminate the formation of dangerous shrapnel. A suitable such material is polyethylene.

Second container 30 includes a bottle 32 having a sealing cap 34 removably attached thereto, such as a screw cap. It is preferred to make bottle 32 of polyethylene.

Preferably, the first, target container 20 contains the oxidizer composition and the second container 30 contains the "catalyst" composition. This is because the oxidizer composition is larger in volume than the catalyst composition, and it is desirable that the target container be the larger of the two containers. However, it is possible that the contents could be reversed, i.e., that the oxidizer composition would be placed into second container 30 and the catalyst composition placed into the first, target container 20.

The preferred oxidizer composition is ammonium nitrate or, preferably, a mixture of ammonium nitrate and ammonium perchlorate, with ammonium nitrate being present in an amount between about 50% and 100% by weight and ammonium perchlorate being present in an amount between 0% and about 50% by weight. An especially preferred oxidizer composition is one which contains about 85% by weight ammonium nitrate powder having a particle size of about 200 mesh, and about 15% by weight ammonium perchlorate.

Although ammonium nitrate is not required to be present in the oxidizer composition of the present invention, its presence has been found to raise the detonation success rate from about 92% to substantially 100%.

In forming the oxidizer composition, ammonium perchlorate is added to ammonium nitrate and the two materials mixed together to form a substantially homogeneous mix.

The preferred catalyst composition includes a major amount of explosive grade aluminum powder, and minor amounts of titanium sponge and zirconium hydride. An especially preferred catalyst composition contains about 90% by weight explosive grade aluminum power having a particle size of about 600 mesh, about 5% by weight titanium sponge having a particle size of about 325 mesh, and about 5% by weight zirconium hydride having a particle size of about 200 mesh.

As mentioned above, the binary exploding target package 10 of the present invention includes the target container 20 which preferably contains the oxidizer composition, the second container 30 which preferably contains the catalyst composition, an empty mixing container 40 and a funnel 50 which are shipped and stored together in suitable packaging. Since the oxidizer composition and catalyst composition are sealed in separate containers, the product is not subject to hazardous or explosive materials shipping or storage laws. In addition, the need for steel storage magazines, as required for shooting ranges which use premixed bullet sensitive explosives as targets, is also eliminated.

Mixing container 40 includes a mixing bottle 42 and a stopper 44, both preferably made of polyethylene. Funnel 50 is also preferably made of polyethylene.

When it is desired to form an exploding target from the binary exploding target package 10 of the present invention, the oxidizer composition contained in target container 20 and the catalyst composition contained in the catalyst container 30 are poured into mixing bottle 42 using funnel 50. Stopper 44 is then secured in place on mixing bottle 42 and the contents shaken to produce a substantially homogeneous mixture of oxidizer and catalyst. After mixing, the contents of mixing bottle 42 are emptied into target container bottle 22 using funnel 50, and target container lid 24 secured to target container bottle 22.

The steps of mixing the oxidizer and catalyst compositions, and the introduction of the oxidizer/catalyst mixture into target container bottle 22, are carried out just prior to use of the target container 20 as an exploding target and within a time frame that avoids violation of federal explosive shipping and storage laws.

A preferred exploding target is one that contains about 0.5 pound of oxidizer/catalyst composition. Although larger or smaller amounts may be used, larger amounts may cause a larger than safe detonation, and smaller amounts may not provide the marksman with the optimal blast showing that the target has been hit.

Whatever quantities are used, it is preferred that the weight ratio of oxidizer to catalyst is about 8:1 to ensure substantially complete detonation of all ingredients.

Even after the catalyst composition is added to the oxidizer composition, the resulting explosive composition contained in the exploding target of the present invention is safe as it is not flammable and cannot be detonated by friction.

The exploding target of the present invention requires high impulse energy to detonate its explosive composition. In fact, it requires the hydrostatic shock generated by a center fire rifle round to detonate it. A rim fire rifle round will not detonate the exploding target of the present invention, which means it is extremely unlikely to be detonated by accidental impact.

It will be obvious to those having skill in the art that many changes may be made to the details of the above-described embodiments of this invention without departing from the underlying principles thereof. The scope of the present invention should, therefore, be determined only by the following claims.



http://www.black-rifles.com/forums/index.php?showtopic=8773
Link Posted: 2/5/2006 6:21:36 AM EDT
We're better off without the patent posted here. Someone is going to try to make their own and blow themselves up.
Link Posted: 2/5/2006 6:35:01 AM EDT

Originally Posted By Phil_A_Steen:
We're better off without the patent posted here. Someone is going to try to make their own and blow themselves up.



WTF? Anyone who purchases Tannerite from www.tannerite.com "makes it themselves". They actually put the chemicals together - there is the same danger.


Tannerite sells ingedients for the user to mix themselves, on-site.
Link Posted: 2/5/2006 6:47:53 AM EDT

Originally Posted By Phil_A_Steen:
We're better off without the patent posted here. Someone is going to try to make their own and blow themselves up.



If they blow themselves up it is Darwin's principle. The world is too over populated anyway
Link Posted: 2/5/2006 6:50:53 AM EDT
Tanerite as well as all Binaries will soon be regulated by the ATF. You will have to have an ATF explosives permit of some type to even purchase it.
Link Posted: 2/5/2006 9:11:31 AM EDT

Originally Posted By gunchyck:

Originally Posted By Phil_A_Steen:
We're better off without the patent posted here. Someone is going to try to make their own and blow themselves up.



If they blow themselves up it is Darwin's principle. The world is too over populated anyway



But what's funny is, people always think this-- YOU MIX IT YOURSELF ANYWAY.
Link Posted: 2/22/2006 11:50:49 AM EDT

Originally Posted By KyBlaster:
Tanerite as well as all Binaries will soon be regulated by the ATF. You will have to have an ATF explosives permit of some type to even purchase it.



I am surprised the ATFE hasn't "made a ruling/law" on this yet... :lol:

Explosives using Ammonium Nitrate and Aluminum Powder have been around for quite some time.

Only recently did it become popular and expensive/over-priced to those who buy it as a "binary exploding target package" called Tannerite, which you mix on site-- good marketing gimmick though.

One could just buy the ingredients themselves and mix on site... same thing, and much much cheaper.
Link Posted: 2/22/2006 12:02:50 PM EDT
I make my own Tannerite. One of my shooting buddies doesn't like it becuase he fears it is illegal. Is there any concrete evidence that it is either legal or illegal to make your own?
Link Posted: 2/22/2006 12:07:08 PM EDT

Originally Posted By thelastgunslinger:
I make my own Tannerite. One of my shooting buddies doesn't like it becuase he fears it is illegal. Is there any concrete evidence that it is either legal or illegal to make your own?



Ummmm.... YOU MAKE YOUR OWN WHEN YOU MIX TANNERITE AT THE RANGE. Tannerite consists of mixing the TWO ingredients together and placing the contents into the provided bottle. This means you are making it yourself.

Also, I believe you must mix it on site where you intend to shoot it. Otherwise you are transporting an explosive device...
Link Posted: 2/22/2006 12:13:13 PM EDT

Originally Posted By mikejohnson:

Originally Posted By thelastgunslinger:
I make my own Tannerite. One of my shooting buddies doesn't like it becuase he fears it is illegal. Is there any concrete evidence that it is either legal or illegal to make your own?



Ummmm.... YOU MAKE YOUR OWN WHEN YOU MIX TANNERITE AT THE RANGE. Tannerite consists of mixing the TWO ingredients together and placing the contents into the provided bottle. This means you are making it yourself.

Also, I believe you must mix it on site where you intend to shoot it. Otherwise you are transporting an explosive device...



I never transport it mixed; I always mix it on site at the range. It would just be helpful to have something to show my friend to ease his mind. It would also be nice to have something to show to a LEO if one got showed up.
Link Posted: 2/22/2006 12:43:25 PM EDT
YEEEHAAWWW!!! TANNERITE!!!!
Link Posted: 2/22/2006 2:01:08 PM EDT

Originally Posted By thelastgunslinger:

Originally Posted By mikejohnson:

Originally Posted By thelastgunslinger:
I make my own Tannerite. One of my shooting buddies doesn't like it becuase he fears it is illegal. Is there any concrete evidence that it is either legal or illegal to make your own?



Ummmm.... YOU MAKE YOUR OWN WHEN YOU MIX TANNERITE AT THE RANGE. Tannerite consists of mixing the TWO ingredients together and placing the contents into the provided bottle. This means you are making it yourself.

Also, I believe you must mix it on site where you intend to shoot it. Otherwise you are transporting an explosive device...



I never transport it mixed; I always mix it on site at the range. It would just be helpful to have something to show my friend to ease his mind. It would also be nice to have something to show to a LEO if one got showed up.



Do you not realize that Tannerite is just a "binary exploding target package" (marketing gimmick) and that you are effectively receiving ingredients from Tanner himself, or his distributor, instead of receiving the ingredients from elsewhere, and then you actually do the mixing of the TWO ingredients to make an explosive?

So whether you order the two ingredients elsewhere, or through Tanner, you are the one making it into an explosive.
Link Posted: 2/22/2006 2:05:31 PM EDT
[Last Edit: 2/22/2006 2:06:58 PM EDT by Ring]
look at my sig
my advice.. stay away from ammonium perchlorate.....



i have a 150#'s of "home brew" i use a bullet fest..
Link Posted: 2/22/2006 2:05:32 PM EDT

Originally Posted By mikejohnson:

Originally Posted By thelastgunslinger:

Originally Posted By mikejohnson:

Originally Posted By thelastgunslinger:
I make my own Tannerite. One of my shooting buddies doesn't like it becuase he fears it is illegal. Is there any concrete evidence that it is either legal or illegal to make your own?



Ummmm.... YOU MAKE YOUR OWN WHEN YOU MIX TANNERITE AT THE RANGE. Tannerite consists of mixing the TWO ingredients together and placing the contents into the provided bottle. This means you are making it yourself.

Also, I believe you must mix it on site where you intend to shoot it. Otherwise you are transporting an explosive device...



I never transport it mixed; I always mix it on site at the range. It would just be helpful to have something to show my friend to ease his mind. It would also be nice to have something to show to a LEO if one got showed up.



Do you not realize that Tannerite is just a "binary exploding target package" (marketing gimmick) and that you are effectively receiving ingredients from Tanner himself, or his distributor, instead of receiving the ingredients from elsewhere, and then you actually do the mixing of the TWO ingredients to make an explosive?

So whether you order the two ingredients elsewhere, or through Tanner, you are the one making it into an explosive.



Dude, I understand perfectly well what Tannerite is, how it works, what Mr. Tanner sends in his kits, etc etc. I make my own from AN ans AL powder, I get it.

My question would apply to both 'homemade' and Tannerite purchased from Mr. Tanner. My shooting buddy is equally concerned about the legality of store bought Tannerite as he is the homebrewed type.

Do you have any insight to share on this or not?
Link Posted: 2/22/2006 2:06:44 PM EDT

Originally Posted By Ring:
look at my sig
my advice.. stay away from ammonium perchlorate.....




Hey Ring. Do you have any information on the legality of using binary explosives as rifle targets?
Link Posted: 2/22/2006 2:08:41 PM EDT
ya, i have the ATF rule sheet as it pertaines to binarys... i include it with my instruction i sell..

let me look
Link Posted: 2/22/2006 2:10:52 PM EDT
[Last Edit: 2/22/2006 2:20:34 PM EDT by Ring]
ATF RULES
from my PDF..
Want to know how to Make your own exploding targets?
www.ar15.com/forums/topic.html?b=7&f=91&t=267872
--------------------------------------------------------------------------------
18. Are binary explosives subject to
regulation under Federal explosives laws?
Until the compounds are mixed, they are not
classified as explosives and, therefore, are not
subject to control
. However, once mixed, binary
explosives are considered to be “explosive
materials” and are subject to all applicable Federal
requirements. A person who regularly combines
compounds of binary explosives to manufacture
such explosives for the purpose of sale or
distribution or for the person’s own business use is
a “manufacturer” of explosives materials and must
be licensed as a manufacturer under the law. [18
U.S.C. 841(h); 27 CFR 55.11: definition of
“manufacturer”]

36. When is a manufacturer's license
required?
A manufacturer’s license is needed only by
persons engaged in the business of manufacturing
explosive materials for sale, distribution, or for
business use. For example, persons engaged in
the business of providing a blasting service using
explosives of their own manufacture would be
required to have a manufacturer’s license. Persons
who manufacture explosives for their personal, nonbusiness
use would not need a manufacturer’s
license. [27 CFR 55.11: definition of
“manufacturer”, 55.41]


40. Is a manufacturer’s license required for
agricultural use of binary explosives?
No, as long as the user is not engaged in the
business of manufacturing explosive materials. For
example, if a farmer buys binary explosives for use
in blowing tree stumps on his farm, he or she does
not need a manufacturer’s license
. However, if the
farmer uses binary explosives in a business of
blasting stumps/rocks, etc., for other persons, he or
she would be required to have a manufacturer’s
license. See also Questions 18, 36 and 37. [27
CFR 55.11: Definition of “manufacturer”, 55.41(a)]

http://www.atf.gov/explarson/fedexplolaw/qanda.pdf

Pay special attention to Question 40 Pg 59, question 18 Pg 56, question 36 Pg 58
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Link Posted: 2/22/2006 2:12:20 PM EDT

Originally Posted By thelastgunslinger:
My question would apply to both 'homemade' and Tannerite purchased from Mr. Tanner. My shooting buddy is equally concerned about the legality of store bought Tannerite as he is the homebrewed type.

Do you have any insight to share on this or not?



Oh, I see what you are saying... there was a thread about that recently, where some people believed some states consider it illegal, but it was still unclear.
Link Posted: 2/22/2006 2:15:07 PM EDT

Originally Posted By Ring:
ATF RULES

--------------------------------------------------------------------------------
18. Are binary explosives subject to
regulation under Federal explosives laws?

...snip...

--------------------------------------------------------------------------------



Thanks!
Link Posted: 2/22/2006 2:18:17 PM EDT
other rules apply as well, like when u "use" it, dont put it anything that will throw shrapnell or ATF says u just made a bomb.. some go's for puting it IN things like "cars/washing machenes/..." put it "on" those things is fine, but "in" them is not..

Link Posted: 2/22/2006 2:18:44 PM EDT

Originally Posted By mikejohnson:

Originally Posted By thelastgunslinger:
My question would apply to both 'homemade' and Tannerite purchased from Mr. Tanner. My shooting buddy is equally concerned about the legality of store bought Tannerite as he is the homebrewed type.

Do you have any insight to share on this or not?



Oh, I see what you are saying... there was a thread about that recently, where some people believed some states consider it illegal, but it was still unclear.



I am defintely more concerned about state cops than the feds. I doubt I am going to fun into any feds when I am shooting, but state cops are pretty likely.
Link Posted: 2/22/2006 2:20:07 PM EDT

Originally Posted By Ring:
other rules apply as well, like when u "use" it, dont put it anything that will throw shrapnell or ATF says u just made a bomb.. some go's for puting it IN things like "cars/washing machenes/..." put it "on" those things is fine, but "in" them is not..




Good to know, but I don't plan on putting it in anything. Seems kinda dangerous.
Link Posted: 2/22/2006 2:23:23 PM EDT
and dont get to close, like this jack ass..
video.google.com/videoplay?docid=823077212238663453&q=tannerite
Link Posted: 2/22/2006 2:26:52 PM EDT
[Last Edit: 2/22/2006 2:41:11 PM EDT by Ring]
more safe.. but "bad" at the end :)


video.google.com/videoplay?docid=4034062166962850350
Link Posted: 2/22/2006 2:36:47 PM EDT
What do you guys make of this?

cbi.state.co.us/ic/statutes/18-12-109.htm

18-12-109. Possession, use, or removal of explosives or incendiary devices - possession of components thereof - chemical, biological, and nuclear weapons - persons exempt - hoaxes.
(1) As used in this section:

(a) (I) "Explosive or incendiary device" means:

(A) Dynamite and all other forms of high explosives, including, but not limited to, water gel, slurry, military C-4 (plastic explosives), blasting agents to include nitro-carbon-nitrate, and ammonium nitrate and fuel oil mixtures, cast primers and boosters, R.D.X., P.E.T.N., electric and nonelectric blasting caps, exploding cords commonly called detonating cord or det-cord or primacord, picric acid explosives, T.N.T. and T.N.T. mixtures, and nitroglycerin and nitroglycerin mixtures;

(B) Any explosive bomb, grenade, missile, or similar device; and

(C) Any incendiary bomb or grenade, fire bomb, or similar device, including any device, except kerosene lamps, which consists of or includes a breakable container including a flammable liquid or compound and a wick composed of any material which, when ignited, is capable of igniting such flammable liquid or compound and can be carried or thrown by one individual acting alone.

(II) "Explosive or incendiary device" shall not include rifle, pistol, or shotgun ammunition, or the components for handloading rifle, pistol, or shotgun ammunition.

(b) (I) "Explosive or incendiary parts" means any substances or materials or combinations thereof which have been prepared or altered for use in the creation of an explosive or incendiary device. Such substances or materials may include, but shall not be limited to, any:

(A) Timing device, clock, or watch which has been altered in such a manner as to be used as the arming device in an explosive;

(B) Pipe, end caps, or metal tubing which has been prepared for a pipe bomb;

(C) Mechanical timers, mechanical triggers, chemical time delays, electronic time delays, or commercially made or improvised items which, when used singly or in combination, may be used in the construction of a timing delay mechanism, booby trap, or activating mechanism for any explosive or incendiary device.

(II) "Explosive or incendiary parts" shall not include rifle, pistol, or shotgun ammunition, or the components for handloading rifle, pistol, or shotgun ammunition, or any signaling device customarily used in operation of railroad equipment.

(2) Any person who knowingly possesses, controls, manufactures, gives, mails, sends, or causes to be sent an explosive or incendiary device commits a class 4 felony.

(2.5) Any person who knowingly possesses, controls, manufacturers, gives, mails, sends, or causes to be sent a chemical, biological, or radiological weapon commits a class 3 felony.

(3) Subsection (2) of this section shall not apply to the following persons:

(a) A peace officer while acting in his official capacity transporting or otherwise handling explosives or incendiary devices;

(b) A member of the armed forces of the United States or Colorado national guard while acting in his official capacity;

(c) An authorized employee of the office of active and inactive mines in the division of minerals and geology while acting within the scope of his employment;

(d) A person possessing a valid permit issued under the provisions of article 7 of title 9, C.R.S., or an employee of such permittee acting within the scope of his employment;

(e) A person who is exempt from the necessity of possessing a permit under the provisions of section 9-7-106 (5), C.R.S., or an employee of such exempt person acting within the scope of his employment;

(f) A person or entity authorized to use chemical, biological, or radiological materials in their lawful business operations while using the chemical, biological, or radiological materials in the course of legitimate business activities. Authorized users shall include clinical, environmental, veterinary, agricultural, public health, or radiological laboratories and entities otherwise licensed to possess radiological materials.

(4) Any person who knowingly uses or causes to be used or gives, mails, sends, or causes to be sent an explosive or incendiary device or a chemical, biological, or radiological weapon or materials in the commission of or in an attempt to commit a felony commits a class 2 felony.

(5) Any person who removes or causes to be removed or carries away any explosive or incendiary device from the premises where said explosive or incendiary device is kept by the lawful user, vendor, transporter, or manufacturer thereof, without the consent or direction of the lawful possessor, commits a class 4 felony. A person convicted of this offense shall be subjected to a mandatory minimum sentence of two years in the department of corrections.

(5.5) Any person who removes or causes to be removed or carries away any chemical, biological, or radiological weapon from the premises where said chemical, biological, or radiological weapon is kept by the lawful user, vendor, transporter, or manufacturer thereof, without the consent or direction of the lawful possessor, commits a class 3 felony. A person convicted of this offense shall be subject to a mandatory minimum sentence of four years in the department of corrections.

(6) Any person who possesses any explosive or incendiary parts commits a class 4 felony.

(6.5) Any person who possesses any chemical weapon, biological weapon, or radiological weapon parts commits a class 3 felony.

(7) Any person who manufactures or possesses or who gives, mails, sends, or causes to be sent any false, facsimile, or hoax explosive or incendiary device or chemical, biological, or radiological weapon to another person or places any such purported explosive or incendiary device or chemical, biological, or radiological weapon in or upon any real or personal property commits a class 5 felony.

(8) Any person possessing a valid permit issued under the provisions of article 7 of title 9, C.R.S., or an employee of such permittee acting within the scope of his employment, who knowingly dispenses, distributes, or sells explosive or incendiary devices to a person who is not authorized to possess or control such explosive or incendiary device commits a class 4 felony.

Source: L. 74: p. 256, § 1. L. 77: (4) amended, p. 971, § 64, effective July 1; entire section R&RE, p. 992, § 1, effective July 1. L. 81: (1)(a)(I)(A) and (7) amended, p. 977, § 21, effective July 1. L. 84: (8) added, p. 539, § 18, effective July 1. L. 92: (3)(c) amended, p. 1970, § 72, effective July 1. L. 2001: (2) amended, p. 857, § 1, effective July 1. L. 2002: (2.5), (3)(f), (5.5), and (6.5) added and (4) and (7) amended, pp. 1195, 1196, §§ 1, 2, effective June 3. L. 2003: (5) and (5.5) amended, p. 1428, § 11, effective April 29; (5.5) amended, p. 1433, § 26, effective July 1.

Editor's note: (1) Amendments to subsection (5.5) by section 11 of House Bill 03-1236 and section 26 of House Bill 03-1236 were harmonized.

(2) Section 34 of chapter 199, Session Laws of Colorado 2003, provides that section 26 of the act amending subsection (5.5) applies to offenses committed on or after July 1, 2003.

ANNOTATION

This section is not unconstitutionally vague or overbroad. The prohibition of the possession of incendiary devices is reasonably related to the legitimate governmental interest of preventing harm to the public and such prohibition is within the state's police power. As a result, defendant's argument that the statute is unconstitutionally overbroad is without merit. The defendant's vagueness argument also fails because the statute provides reasonable notice of the prohibited conduct. People v. Rowerdink, 756 P.2d 986 (Colo. 1988).

1977 amendments harmonized. Two 1977 amendments were not irreconcilable and revisor of statute properly harmonized the amendments by adding "knowingly" and "or attempts to commit" in subsection (4); and defendant, who would not have been convicted under the language of either amendment as passed by the legislature, was properly convicted under the harmonized language. People v. Owens, 670 P.2d 1233 (Colo. 1983).

The existence of a wick is not only material, but essential, to a charge under this section. People v. Brown, 194 Colo. 553, 574 P.2d 92 (1978).

Incendiary device without a wick may be prosecuted despite any apparent language to the contrary in People v. Brown, (194 Colo. 553, 574 P.2d 92 (1978)). People v. Owens, 670 P.2d 1233 (Colo. 1983).

The prosecution's inability to produce the wick remnant does not require suppression of testimony regarding its existence where a good faith effort was made to preserve it pursuant to standard fire department procedures and the investigator who observed the wick remnant is available for examination. People v. Brown, 194 Colo. 553, 574 P.2d 92 (1978).

"Explosive or incendiary" includes items which in themselves are not explosive or incendiary, but which have been prepared or altered for use in the creation of an explosive or incendiary device. People v. Lovato, 630 P.2d 597 (Colo. 1981).

Blasting cap within ambit of "other forms of high explosives". The material in a blasting cap is classified as a high explosive and, thus, falls within the ambit of "other forms of high explosives" which are expressly included in this section's definition of explosive or incendiary devices. People v. Lovato, 630 P.2d 597 (Colo. 1981).

Phrase "including any device" defined. The phrase "which consists of or includes a breakable container including a flammable liquid or compound and a wick" is not a limitation on all devices proscribed by this section, but instead defines the phrase "including any device". The statute thus proscribes the use of any incendiary bomb or grenade, including one with a wick and a breakable container. People v. Owens, 670 P.2d 1233 (Colo. 1983).

Proscribed conduct unlike fourth degree arson. This section does not deny equal protection by proscribing the same conduct as the fourth degree arson statute yet carrying a substantially greater penalty; the elements of each offense and the mental states required are different. People v. Owens, 670 P.2d 1233 (Colo. 1983).

Applied in Miller v. District Court, 193 Colo. 404, 566 P.2d 1063 (1977); People v. Stoppel, 637 P.2d 384 (Colo. 1981).
Link Posted: 2/22/2006 2:47:35 PM EDT
[Last Edit: 2/22/2006 2:51:01 PM EDT by Ring]
1st rule .. laws never make sence...

if they want to F u they will allways find a way...

but saying that, i would still refer you to rule 18 of the atf info..


FUNFACT>>
/mcguyver
if you have a etch-a-sketch and a instant ice pack, you can make a high explosive :)


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