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Bureau of Alcohol, Tobacco, Firearms and Explosives

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ATF Explosives Industry Newsletter Masthead
August
2002

Editor,
Gene Baker

Any
questions concerning this issue should be directed to ATF's Public
Safety Branch at Bureau Headquarters in Washington, DC.

Individual
Sentenced in Federal Court for Offenses involving pest control
devices

The
San Francisco ATF office
announced that Roger Ver, 22, of
San Jose, California was sentenced on May 3, 2002, to 10 months
in jail, 3 years probation and a $2000 fine for dealing in explosives
without a license, storing explosives in a manner not in conformity
with regulations and for mailing injurious articles. Ver was sentenced
in US District Court, Northern District of California, as a result
of a plea agreement entered into by Mr. Ver that culminated a
2-year investigation.

Mr.
Ver was selling pest control devices through Ebay, the online
auction service. On the site, Ver offered and sold the "Pest
Control 2000" devices as legal M-80's. In addition, Mr. Ver
stored the devices in an apartment that he was renting. As noted
previously, Federal Explosive regulations require all explosives
to be stored in a magazine, and prohibit storage of explosives
in a residence or dwelling, and also mandates separation from
inhabited buildings, public roads, and passenger railways.

John
A. Torres, Special Agent in Charge of ATF's San Francisco Field
Office said "Mr. Ver placed numerous people, including the
residents of the apartment building, in potential harm from accidental
detonation of these devices. I am pleased this matter is adjudicated
and Mr. Ver is no longer in this business."

The
case was initiated independently by both ATF and the Santa Clara,
California, Police Department in April 1999, after ATF received
word from the San Jose Police Department that Mr. Ver offered
these items for sale on a web site called "Roger's Page of
Terror".

NEW
EXPLOSIVE LAWS PROPOSED

House
Bill (H.R. 4864) and Senate Bill (S.1956) Introduced

As
a result of the events of last September 11th, the Administration
proposed and both houses of Congress have introduced proposals
to amend portions of the existing Federal Explosives Laws, 18
U.S.C. §841 - 848, which come under the jurisdiction

of
ATF. The Senate version, S.1956 was introduced in February and
is referred to as the Safe Explosives Act of 2002. The House version,
H.R. 4864 was introduced on June 5th and is referred to as the
Anti-Terrorism Explosives Act of 2002.

While
the two versions have some differences that will have to be resolved,
some of the key features of both bills include requirements to
obtain a "limited permit" to acquire explosives within
one's own State of residence, and to also revise the categories
of persons who would be prohibited from acquiring or possessing
explosives to more closely reflect those found under the Gun Control
Act. The current explosives law does not require a Federal permit
to acquire explosives within one's own State of residence.

As
we put this newsletter into print, these legislative proposals
have been favorably reported out of the House and Senate Judiciary
committees but have not yet come up for a vote on the floor of
either the House or Senate.

Both
versions of the proposed new legislation are available on the
U.S. Senate and House of Representatives' websites. We will provide
updated information on this legislation to the explosives industry
and others affiliated with the industry as expeditiously as possible.

ATF
POLICY ON THEFT REPORT STICKERS, ATF I 5400.2

In
August 2000, ATF printed and provided for distribution to the
explosives industry the ATF explosives theft or loss warning decals,
ATF I 5400.2, issued 8/2000. Because of some recent questions
regarding the theft reporting decals, we would like to clarify
the intent and purpose of these decals. A requirement to notify
ATF within 24 hours of the discovery of a theft or other loss
of explosive materials has been a part of the Federal explosives
law since its inception. The warning decals were sent out to the
industry for the purpose of providing a quick and convenient reminder
to persons in the explosives industry of the theft or loss reporting
requirement, and to provide a means of having a phone number to
contact ATF readily available.

ATF
would like to emphasize that it is neither required nor deemed
advisable to place these warning decals on the exterior of any
explosive magazine. The decals are intended to be located

     

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