Backdoor legal attack on a major gun dealer?

Gwinnydapooh

Retired Screen Name
This is NOT a substantiated report. I post it here in the hope that some of our Texan friends can confirm it as true or fake. It was sent to the Onelist.com Second Amendment List today:

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>The game IS afoot!

Just heard from my buddy in Big D. He said the fire Marshall came into Cheaper Than Dirt (which is www.cheaperthandirt.com )
and ordered the sale of ammo banned because of a supposed fire hazard. They were ordered to take all ammo to a centralized warehouse for storage. (Convenient for confiscation, huh?)
The owner of CTD has asked for people to protest this to the city govt..
They can only have 100,000 rds. on hand in the store. My buddy says they sell that much in 1/2 a day.
It is really going down.
These guys sell a LOT of ammo. This will hurt them. If you live in the Fort Worth/Arlington area I encourage you to check this out.[/quote]

Sorry, that's all I got.



------------------
Don

"Its not criminals that go into schools and shoot children"
--Ann Pearston, British Gun Control apologist and moron
 
(from another board for what it's worth)

Posted By: Inda Know
Date: 12/5/99 21:22

In Response To: Ammunition sales banned

CTD has SO much ammo coming and going, and due to the area they are in, there seems to have been some complaints by other merchants sharing the same complex. We received a fax from CTD telling us "Ft. Worth was out to stop us from having ammo", when in reality CTD has a viable fire hazard. I talked to a local Fire Chief who told me they weren't out to stop CTD from having ammo or sales, it was the sheer volume. The Chief also told me CTD was not in compliance sprinkler system-wise, and this was what CTD started out with their "call to arms" letter, to incite other dealers to flood the Fire Chief with calls. Turns out, the Fire Chief got a copy of the letter, and might bring action against CTD, simply because CTD chose to incite rather than to comply, and add on to it's sprinkler system. And it's ONLY over the AMOUNT of ammo (how much do you think they have? Millions of rounds?)That would make Wal-Mart, KMart, Oshmans, Academy, etc. etc. be in the same boat.


Joe's Second Amendment Message Board
 
I checked the Arlington and Ft. Worth/Dallas papers but could find no mention of it. I searched for "Fire Marshal" and "Cheaper Than Dirt" and got no meaningful hits on the first and none at all on the second. Will check them out again tomorrow.
 
Per my email today - this appears to be substantiated, and it doesn't smell very good:

_____________________________________________

----- Original Message -----
From:
To: <AZRKBA@asu.edu>
Sent: Monday, December 06, 1999 4:29 PM
Subject: Fwd: Official response from Cheaper Than Dirt


> >In response to all the Email Cheaper Than Dirt is getting:
> >
> >My name is Billy J. Brewer. I am the Operations Manager at
> >Cheaper Than Dirt. I have been here almost six years. We
> >currently employ almost 160 good hard working friendly family
> >people. We have Fire Inspections from the Fort Worth Fire
> >Department each and every year. The only items ever written
> >up by the Fort Worth Fire Department have been blown bulbs in
> >Exit Signs and two exit aisles blocked by pallets. There has
> >never been anything said or documented about anything else.
> >On Wednesday, 22 September, 1999 a Lt. John Bolten of the
> >Fort Worth Fire Department showed up at our company and told
> >us he has received a report that we have too much ammo in the
> >building.
> >
> >This date is only seven (7) days after the September 15, 1999
> >tragic shooting at the Wedgewood Baptist Church in Fort Worth.
> >
> >On Thursday, 23 September 1999 Lt. John Bolten of the Fort
> >Worth Fire Department presents Article 77 of the 1997 Uniform
> >Fire Code to Cheaper Than Dirt and states to us that this is
> >what we need to comply with. Within Article 77 there are
> >exceptions. Under Section 7701.1, Exception 4 states "The
> >possession, transportation, storage and use of small arms
> >ammunition when packaged in accordance with DOT packaging
> >requirements". Exception 9 states "When preempted by federal
> >regulations". All our sporting cartridges are DOT packaged
> >and covered under the Code of Federal regulations 49 (CFR 49).
> >Therefore Cheaper Than Dirt should be exempted from Article
> >77 requirements.
> >
> >The Fort Worth Fire Department tells us these exceptions do
> >not apply to us.
> >
> >This is obviously a political issue. The Fort Worth Fire
> >Department has required us to have only 10,000 rounds on
> >display in our Retail Showroom (this would mean any resident
> >within the City of Fort Worth with over 10,000 rounds would
> >be out of compliance and subject to citation) and only
> >90,000 rounds in our spinkler protected warehouse (a total
> >of 100,000 rounds). We sell over 200,000 rounds daily. The
> >100,000 round number is NOT DOCUMENTED within Article 77.
> >It is a number THEY consider safe. The Fort Worth Fire
> >Department is taking Aguila .22 Short cartridges which does
> >not have any smokeless powder in it (we pulled a bullet out
> >of this cartridge and showed it to Lt. John Bolten) and
> >making it fall under the same guidelines as .50cal BMG
> >cartridges.
> >
> >As of this writing we have not found a single other gun/
> >ammunition/sporting store within the City of Fort Worth
> >that has been contacted by the Fort Worth Fire Department
> >for Article 77 compliance.
> >
> >On 23 November 1999 at 0925 hrs Cheaper Than Dirt was served
> >with General Complaint Citation B876326 for violation of
> >Section 7701.7.3 Article 77 UFC-97 by Lt. John Bolten of the
> >Fort Worth Fire Department.
> >
> >I am using this Email Letter to respond in general to the
> >large amount of Emails we are receiving about this issue.
> >I apologize for not having our company respond individually
> >as is our practice. Thank you all for your questions, concerns
> >and letters. Please feel free to spread this Email to all
> >interested and concerned.
> >
> >Merry Christmas and God Bless You..........Billy J. Brewer
>
_____________________________________________

Considering some of the recent flaky regulation changes by FedEx and UPS, as well as the nearly unbridled attacks elsewhere on the RKBA (proposed LA ban on ammo, Orange Co. ban on gun shows, etc., etc.), it is very hard to see any of these things anymore as simply innocent applications of existing law.

Merry Christmas indeed ...

[This message has been edited by Jeff Thomas (edited December 06, 1999).]
 
They seem to be making this up as they go along. There is no scientific basis for making a ruling based on quantity. Looking in Hatcher's Notebook you'll find:

"The test showed that small arms cartridges, whether they are metallic cartridges or shotgun shells, when involved in a fire, will not explode simultaneously but rather piece by piece; that the bullets or the shot are not projected with any great velocity; and that the material of which the cartridges or shells are made with usually not fly more than a few feet."

Small arms ammunition is neither a fire hazard or an explosive hazard; a fact that has been scientifically documented for nearly 50 years.



------------------
"Quemadmoeum gladius neminem occidit, occidentis telum est."
("A sword is never a killer, it's a tool in the killer's hands.") -
Lucius Annaeus Seneca "the Younger" (ca. 4 BC-65 AD).
 
What type of recourse do they have against this?

------------------
John/az

"The middle of the road between the extremes of good and evil, is evil. When freedom is at stake, your silence is not golden, it's yellow..." RKBA!
 
Ft Worthless Fire Department Contact Info http://ci.fort-worth.tx.us/fire/cntactinfo.htm
-----------------------------------------
Chief H.L. McMillen
Fire Chief
1000 Throckmorton
Fort Worth, Texas 76102
Fax 817-871-6859
Office 817-871-6801

Executive Deputy Chief Jim L. Tidwell
Deputy Chief of Human Resources
1000 Throckmorton
Fort Worth, Texas 76102
Fax 817-871-6859
Office 817-871-6849

Deputy Chief Hugo Esparza
Deputy Chief of Fire Operations
1000 Throckmorton
Fort Worth, Texas 76102
Fax 817-871-8591
Office 817-871-6960

Deputy Chief Lonzo Wallace
Bureau of Fire Prevention
1000 Throckmorton
Fort Worth, Texas 76102
Fax 817-871-6867
Office 817-871-6808

Richard Neuhaus
Administrative Service Manager
1000 Throckmorton
Fort Worth, Texas 76102
Fax 817-871-6859
Office 817-871-6803

Gregg Dawson
Emergency Management Coordinator
1000 Throckmorton
Fort Worth, Texas 76102
Fax 817-871-6180
Office 817-871-6173
-----------------------------------------
Shooters, the firing line is no longer clear. You may fire at will.


------------------
"The right of no person to keep and bear arms in defense of his home, person and property,
or in aid of the civil power when thereto legally summoned, shall be called into question.."
Article 11, Section 13, CO state constitution.
 
Back
Top