Bomb Law Reporter Vol. 1 No. 1

Aimee Farr aimee.farr at pobox.com
Wed Aug 15 22:29:23 PDT 2001


[Since some remailer-idiots want to talk about bombs in here and grossly
mischaracterize an entire forum.]

In this issue....

US v. "DUMB BOMB GUY," No 5555 (...in this country, recently.) [*FN1]
------------------------------
....
He became friendly with a member of a different motorcycle club who he knew
as Bo, an undercover identity assumed by Special Agent X.  Special Agent X
had infiltrated a motorcycle club in an attempt to uncover evidence of
illegal firearm and narcotics trafficking in the outlaw motorcycle club
community.(1)  Both Eaton and Special Agent X served as the enforcers for
their respective motorcycle clubs.

....
Shortly thereafter, Special Agent X went to Eaton's house to pick up the
pipe bombs.  Eaton gave X three constructed pipe bombs and four plastic bags
filled with smokeless powder to put in the pipes.  Special Agent X asked
Eaton to explain the most effective way to blow up a car.  Eaton responded
by telling him to place the bombs near the gas tank. During the course of
their meeting, Special Agent X indicated that the bombs would be used on
someone who deserved it. Eaton acknowledged that X's planned actions were
felonious.

....
Eaton was subsequently indicted for unlawfully possessing three unregistered
explosive devices in violation of 26 U.S.C. 5861(d).

....
...[I]t shall be unlawful for any person to transfer or possess a
machinegun."). There is no similar statute criminalizing the possession of a
destructive device such as a pipe bomb.  Without such a statute, it was not
legally impossible for Eaton to register the pipe bomb.... He could have
imprinted a serial number on the pipe bomb and attempted to register it with
the ATF.  Whether the ATF would have accepted the pipe bomb for registration
does not bear on the issue of legal impossibility. See id. Thus, Eaton was
not deprived of due process.

....
(1) These clubs describe themselves as outlaw motorcycle clubs because they
"live outside the law."

---------------------
BLR's Analysis:
---------------------

-Bombs are bad.
-Judges are "not amused" by bombs.
-Special Agent X doesn't like bombs.
-Make sure your bombs conform to any applicable ATF registration
requirements. *laughter*

~Aimee





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