This message will outline the current status and progress of our efforts in the U. S. Court of Appeals in Washington, DC.
Our case has completed the first four of five steps prior to oral argument before the Court. Specifically, NAR and TRA, referred to as the Appellant in the language of the Court, filed our initial brief on August 10, 2005. BATFE, refereed to as the Appellee, filed their initial brief on September 9, 2005. Our reply brief to ATF was filed Friday, September 23, 2005. All three documents are available for download:
Appellant’s (NAR / TRA) Opening Brief
Appellee’s (BATFE) Brief
Appellant’s (NAR / TRA) Reply Brief
A hearing for oral arguments has been set for Tuesday, January 10, 2006. After oral arguments, the Court would review the record and author an opinion. That opinion appeal will determine a key point -- whether the ATF even has jurisdiction to regulate APCP motors as meeting the legal definition of an explosive. Any relief sought by NAR and TRA would come in a Court Order attached to the opinion.
We appreciate your strong financial support for this important legal work. As you head into the close of 2005, with this case still pending, we hope you will continue to consider donating in whatever amount you possibly can. Your support and generosity will be recognized and acknowledged, and you'll be able to say "I supported the fight for an unregulated sport rocket hobby."
As we have further developments, we'll continue to report them here and in our publications.
Ken Good, President