Wednesday, March 18, 2009

BATFE thrown out of court

9 years ago, the BATFE classified model rocket motor propellant as an explosive. Model rocketry enthusiasts were understandably upset, and the Tripoli Rocketry Association and National Association of Rocketry sued.

They just won. Won big. The Judge opened a righteous can of whoop-ass on the BATFE:
  • Granted summary judgment against BATFE, and rejected BATFE's request for summary judgment in their favor.
  • Termed the BATFE's decision as "arbitrary and capricious, an abuse of discretion, or otherwise not in accordance with the law."
  • Ruled that the BATFE's claims about the nature of the rocket propellant were not scientifically valid, and were refuted by the plaintiff's evidence.
The ruling is pretty brutal. For example, "the agency's shortcoming was its failure to articulate any rationale for finding that the relevant and significant evidence in the record that conflicted with its position was unpersuasive, which it seemingly out-of-hand dismissed merely because it was contrary to the agency's ultimate conclusion."

Parallels to other policies by the BATFE are left as an exercise to the reader. Bravo Zulu, Judge Walton.

Via Slashdot, where the gun control debate is spirited, and our side is well represented.

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