ATF Reclassifies Wetted Nitrocellulose as Explosive Materials Under Federal Laws

Wetted Nitrocellulose Reclassified by ATF

Washington, DC
ATF Reclassifies Wetted Nitrocellulose as Explosive Materials Under Federal Explosive Laws
Reeves & Dola, LLP
Reeves & Dola, LLP

Washington, DC -(AmmoLand.com)- In an Explosives Industry Newsletter issued in June 2016, the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) reclassified wetted nitrocellulose [also known as flash paper, flash cotton, guncotton, and flash string] containing greater than 12.6 percent nitrogen as a high explosive under the federal explosives laws.

As explained below, this is a dramatic and sudden change in agency policy with a significant impact on the ammunition industry. The new policy was announced in a newsletter without any opportunity for industry input.

I. Background

The federal explosives laws, 18 U.S.C. Chapter 40, regulate commerce in “explosive materials.” The term “explosive materials” is defined as explosives, blasting agents, and detonators. The term “explosives” is defined as any chemical compound mixture or device the primary or common purpose of which is to function by explosion. The definition requires ATF to publish an annual list of explosives that fit within the statutory definition. The 2015 List of Explosives is available at https://www.gpo.gov/fdsys/pkg/FR-2015-10-23/pdf/2015-26994.pdf.

Exemptions from the requirements of the federal explosives laws are provided, in pertinent part, for: (1) the transportation, shipment, receipt, or importation of explosive materials for delivery to any federal or State agency; (2) for small arms ammunition and components thereof; and (3) for the manufacture under the regulation of the U.S. military of explosive materials for their official use.

The term “ammunition” is defined in 27 C.F.R. § 555.11 as follows:

“Small arms ammunition or cartridge cases, primers, bullets, or smokeless propellants designed for use in small arms, including percussion caps, and 3/32 inch and other external burning pyrotechnic hobby fuses. The term does not include black powder.”

ATF's longstanding position is that the small arms ammunition exemption applies only to .50 caliber or smaller rifle or handgun ammunition as well as certain shotgun ammunition. This position is clear in a June 2013 Explosive Industry Newsletter addressing exploding ammunition.

ATF Exploding Ammunition Wetted Nitrocellulose Requirements Newsletter
ATF Exploding Ammunition Wetted Nitrocellulose Requirements Newsletter

ATF also exempts other components of small arms ammunition from the requirements of the law and regulations, but only if such components are listed in the definition of “ammunition” in 27 C.F.R. § 555.11. This means that smokeless powder and primers are exempt from record keeping and storage requirements. However, other explosive materials used to manufacture ammunition will not be exempt until incorporated into one of the components of ammunition listed in the regulation, including smokeless powder or a complete round of small arms ammunition. Thus, wetted nitrocellulose containing greater than 12.6 percent nitrogen may be lawfully shipped, transported, or received only by persons holding federal explosives licenses or permits. Nitrocellulose must be recorded in records of acquisition in accordance with 27 C.F.R. § 555.123(b). The wetted nitrocellulose must also be recorded in the daily summary of magazine transactions required by 27 C.F.R. 555.127 and stored in storage magazines meeting the construction, tables of distance, and other requirements of storage regulations in 27 C.F.R. Part 555. At the point the nitrocellulose is incorporated into smokeless powder or a complete round of ammunition, it is exempt from the requirements of the record keeping, storage, and other requirements of federal law and regulations.

II. ATF Newsletter Article

The June 2016 newsletter article [see image above] states that ATF was recently asked about the status of nitrocellulose under the federal explosives laws and regulations. The article notes that “Nitrocellulose explosive” is on ATF's List of Explosive Materials and states ATF has determined that “nitrocellulose containing greater than 12.6 percent nitrogen is a high explosive under 27 C.F.R. Part 555.” The article indicates ATF is aware that the U.S. Department of Transportation may assign a nonexplosive classification to nitrocellulose when it has been wetted with water or alcohol, based, in part, on the diminished likelihood of explosion in a transportation accident. However, because nitrocellulose retains its explosive characteristics when the water or alcohol is removed, the wetted nitrocellulose remains a nitrocellulose explosive subject to all controls of the federal explosives laws. Because of the diminished likelihood of wetted nitrocellulose exploding, “ATF will consider variance requests to store the wetted material under an alternative arrangement.”

III. Impact of ATF Reclassification of Wetted Nitrocellulose

Manufacturers and importers of smokeless propellant have relied on ATF private letter rulings issued prior to 2016 stating that nitrocellulose wetted with water not less than 25 percent by mass is not subject to regulation under the federal explosives laws. Accordingly, the manufacturers have set up their logistics, storage and operations consistent with nitrocellulose not being regulated as an explosive. Manufacturers and importers may not have adequate storage facilities or record keeping systems to comply with the law. Licensed manufacturers also rely on private, unlicensed vendors to store wetted nitrocellulose in facilities that do not comply with storage requirements. A number of manufacturers also report an adverse impact on their contracts to supply smokeless propellant and finished rounds of ammunition to the Department of Defense.

Publication of the change in classification in an industry newsletter without advance notice has left manufacturers scrambling to determine what standards ATF will allow for alternate storage and record keeping and to obtain permits for unlicensed storage vendors. In the meantime, manufacturers and importers are violating federal law, as ATF allowed no grace period for coming into compliance. We note that ATF has authorized such periods in the past when changing agency positions. For example, see ATF's November 12, 2010 Open Letter regarding explosive pest control devices.

IV. Conclusion

ATF's sudden and unexpected change in policy on wetted nitrocellulose will likely have a significant impact on industry's ability to deliver products to the military and commercial markets. Industry members have relied on the exemption for wetted nitrocellulose for many years and are aware of no accidental detonations or diversion of this product into illicit channels. Consequently, it is unclear why ATF believed it necessary to change its policy and, more importantly, why ATF announced the change in a newsletter article with no advance notice to industry.

We are working with ATF to address the issues raised in this alert, including a possible agency announcement of delayed enforcement. We will notify our readers of any developments in the future.

About Reeves & Dola:

Reeves & Dola is a Washington, DC law firm that specializes in helping clients navigate the highly regulated and complex world of manufacturing, sales and international trade of defense and commercial products. We have a deep understanding of the Federal regulatory process, and use our expertise in working with a variety of Federal agencies to assist our clients with their transactional and regulatory needs.

For more information, visit: www.ReevesDola.com.


Update August 31st 2016 from ATF (h/t Jeff Knox)

 

National Shooting Sports Foundation
National Shooting Sports Foundation

Larry Keane of the National Shooting Sports Foundation commented :

“We welcome ATF’s announcement today and look forward to engaging ATF in a constructive dialogue on behalf of our industry. We appreciate ATF’s goal is to protect public safety and look forward to resolving any confusion or misunderstanding that may have arisen and explaining how longstanding ATF-approved industry practices have achieved that goal.”

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    Soldierboy
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    Soldierboy

    Nick, I don’t know about you as I have never met you. I was in the Army for six years, seven months and twenty-six days. i also spent time in the Michigan national guard. I shot expert with the M14 AND the M16. I am proficient with the 45, the 38 AND the 9MM hand guns. Untrained? I think not!

    Nick
    Guest
    Nick

    I’m a veteran. I don’t tell people this, but one of the spec ops weapons trainers said that he had never seen anyone shoot like me. That was decades ago. I thought my sons to shoot. When my youngest qualified with pistol and rifle he shot perfect scores, and was challenged to a shoot-off by the sniper giving the test. However, my ability to shoot, or his is not what I’m talking about. Are you going it alone? Is there “A well regulated militia” that you will muster with? Is there a group of skilled guerilla fighters that you will… Read more »

    soldierboys
    Guest
    soldierboys

    nick, I have not forgotten any of my training in combat and how to work in coordination with my fellow troops, if need be. I served 18 months in Vietnam and have forgotten nothing of how to infiltrate, avoid detection, target identification, map reading, and other skills. As I said, I shot expert with two long range weapons and am quite adapt with several close contact handguns as well. I love my country and would sacrifice my life for her if needed, just not the damn politicians, thank you! As my father taught me as a young boy, I never… Read more »

    Nick
    Guest
    Nick

    @soldierboys, Either you did not read what I said, or you completely misunderstood it. Are you going at it alone with absolutely no support? Do you have some form of structure, and those you can depend upon, or will come to your aid? You have skills, as do many Americans. Why is it that you lack the skill to stand up for the rule of law, and take back your nation as it was designed to be? This is the nature of America today. A twisted, disturbed relationship between slaves and masters. We’ll do anything and everything we possibly can… Read more »

    duane Petersen
    Guest
    duane Petersen

    This is easy to understand as the morons in the voting electorate voted twice for a man that was indoctrinated in Islamism and communism from the time he could talk until present and especially through college. His mentor through the time in Hawaii was the leading communist in the US at that time Frank David Marshal who was the publisher of the communist newspaper out of Chicago and then went to Columbia University and was taught by the radical Francis Fox Pivan and her shakeup Clowerd and then spent 20 years in indoctrinator Wright’s “church” (The quotes are because the… Read more »

    Virginia Nemetz
    Guest
    Virginia Nemetz

    I am in Arizona and just got my medical Marijuana license. A few days ago I found out I can no longer qualify to buy a gun. No one ever mentioned this while I was applying. I am stunned and totally pissed off. So this is another step in disarming us. I have physical health problems not mental problems. Conserved citizen.

    Jerry
    Guest
    Jerry

    Since marijuana is still considered illegal by the federal government that was a no brainier. Only certain states have legalized it. And so far nothing from the government officially stating it has medical benefits. But there are numerous other pharmaceuticals out now that can prevent you from owning a weapon. So don’t feel to bad about it. Build your own just make sure there is none in your system if need arise to use it.

    MICHAEL AVERY
    Guest
    MICHAEL AVERY

    Fellow Americans ,NRA Members, gun enthusiast, Constitutional purist ect: Do what I do on this and all like issues: Draft on your computer: A reasonable, factual, considerate, but blunt letter to the head of what ever dept. concerned (ATF) and a Bcc forward to the e-addresses (OF THE APPROPRIATE WATCH DOG GROUP(S) and of your Congressmen,Senators State and Fed whether or not they support your wishes or beliefs on WHAT EVER TOPIC after all its not what they want, they work for us or they are gone ! “WE THE PEOPLE IN ORDER TO FORM A MORE PERFECT UNION –… Read more »

    Jerry
    Guest
    Jerry

    Okay this is just crazy. Where are they going to store all the commercial aircraft with explosives bolts in emergency doors? So the intire flight line civilians and military would be classified as hot spots. Next is where is all the bunkers for everyone’s cars equipped with air bags? And if you are driving one with airbags isn’t that considered transporting explosives then? Yep smell like and walks like Obumer administration all over it because as usual the air heads did not think. I want the ATF to come to my house and start that construction bunker in my driveway… Read more »

    Jim B
    Guest
    Jim B

    When will Congress do something about the (OBAMA) making laws, that he has no right to make! This needs to be knocked down ASAP along with any other things that (OBAMA) has made or modified! Do it NOW!

    Wild Bill
    Guest
    Wild Bill

    @Jim, Oblabla is not really making laws, he is giving orders to the Executive Branch, the personnel of which will follow those orders, so that they continue to get high wages and pensions. So he gets his way and gets the population programed that things should be a certain way.

    Alan
    Guest
    Alan

    I have made a couple of comments here, read some,not all of the posts, and come back to the following. While commenting,venting here,however one might describe it has at least some value, getting on to your elected reps., that is congress persons and U.S.Senators might have greater value and impact. Have commentators here been on to their “elected things”? If not, why?

    Joe Tittiger
    Guest
    Joe Tittiger

    Getting a hold of your “representatives” is very much like a chattel slave of the 1860’s begging his masters for some permission.

    Tom Soriano
    Guest
    Tom Soriano

    I have always been a law abiding citizen, especially with regards to gun ownership but, there comes a time when we have got to take a stand against tyranny and injustice. This is one of those times! This corrupt and incompetent government is acting outside the law to oppress the public and leave US defenseless against our enemies and government tyranny. A person has to be very naive to think that this law will have any effect on the Mexican Drug Cartels, Street Gangs, ISIS or, Hardcore Criminals!

    bagster53
    Guest
    bagster53

    are they realy this stupid , ever hear of re-loads , personaly if it get to that point , i get 50 of my neighbors together and go hit up the nearist police stations and take what we need including m16’s and then i will start looking for my veitnam vets like me to go to the nearest post and hit up there armory and get the good shit , i still know how to drive a tank, the freak in the white house has no idea who he is messing with , he can fill the country with all… Read more »

    BW
    Guest
    BW

    Typical beauracrap bullshit. Another case of the fools of tierany coming up with a solution that won’t work for a problem that doesn’t exist to push another agenda on Americans. Wake up folks. These people are NOT dems, they are communist mascarading as Dems.

    L.L. Smith
    Guest
    L.L. Smith

    The answer is so very simple. I have just declared my home state to be a Sanctuary State. We can commit all the crimes we desire to commit and the feds won’t bother us. We might even get some federal money.

    Kat
    Guest
    Kat

    Obumma & his sleezy crew a at it again, I think it’s time the American people start standing up to these people . They want to take away all of our rights.BE GLAD WHEN HIM & HIS CRONIES AR OUT OF OFFICE. WORST PRESIDENT EVER!!!!!

    USPatiotOne
    Guest
    USPatiotOne

    The ATF said they reveres their decision Friday after thousand contacted their Congressmen and the ATF…They Raised HELL..!!! If this does stand, anyone with a brain knows the only outcome will be Civil War, and Congress knows this! This could be the false flag by BO to cancel the election, because we all know that Hitlary for Prisonn will most likely drop dead before November! She looks like the Walking Dead NOW! God help us, PLEASE!

    Ski
    Guest
    Ski

    This will assist Pinnochiobama’s terrorist towel head brothers I their jihad more then his suicidal rules of engagement. soros at work>>>>>>>

    Kevin
    Guest
    Kevin

    We need to fight this with everything we can

    GymShoe
    Guest
    GymShoe

    There is a little known issue here. States rights and the 2A trump all. So therefore, I say, ‘Obama, F.O.’ come down my street and MOLON LABE!

    CaptTurbo
    Guest
    CaptTurbo

    Actually, from what I have read, the public pressure caused the BATF to back off and cancel this plan. It seems to me that we have dodged this bullet. Our worries from here should be to keep the Marxist criminal out of the White House.

    Wild Bill
    Guest
    Wild Bill

    I agree CaptT, Trump offers us the one opportunity in our lifetimes to clean out corrupt politicians, and then legislate new and strong controls over our federal government.

    Brian
    Guest
    Brian

    If we had honest “we the people” politicians who represented us in Washington then they would have been cutting the budgets for many of these agencies who are hurting this country and belong to the big brother DemonKKKRatic Mafia party. They have crippled our military because of budget cuts but not the agencies destroying this once great country.
    God Bless the USA!

    Spud Mack
    Guest
    Spud Mack

    How will this stop Blacks from killing one another in South Chicago and Baltimore?

    Alan
    Guest
    Alan

    Might the anti gun Obama have overplayed his hand on this one, I wonder.

    Wild Bill
    Guest
    Wild Bill

    @Nick, In your comments made, today, at 1:07 pm, you stated, “The 2nd amendment community wants nothing to do with their obligation to keep a free and prosperous nation.” What obligation? What is it that you think we should be doing?

    Nick
    Guest
    Nick

    @Wild Bill, You know its kind of hard to find the comments in here. You would think the e-mail link would go right there. “What obligation?” The Constitution recognizes just one authority “to execute the Laws of the Union”, and that is “the Militia”. That placed the power of the ‘Sword’ in the hands of the People. A monopoly of power, so to speak. What we should be doing is revitalizing that authority so that we can regain our sovereignty. I don’t know if you were able to find my lengthy comment starting with “Tough question”, but I refer in… Read more »

    Wild Bill
    Guest
    Wild Bill

    Nick, you are not saying what you believe that obligation is. Further, where in the Constitution does it say that there is one authority to execute the laws of the union?. I am not finding, nor have I ever heard what you are, now, writing about.

    Nick
    Guest
    Nick

    @Wild Bill, I thought I did, but I will state it again. This is a nation based on popular sovereignty. We’ve lost it, and certainly don’t understand it today. In order to maintain that sovereignty the Founders recognized that the People must have a MONOPOLY of power. To that they recognized the already existing Militia, and incorporated it as the only recognized authority “to execute the Laws of the Union” at Article 1, Section 8, Clause 15. Under the ages old doctrine of law “inclusion unius est exclusio alterius”, the government is barred from creating any other so-called authority. I… Read more »

    Wild Bill
    Guest
    Wild Bill

    Nick, I think that you are referring to Article 1, section 8, clause 15. describing Congress’ authority to provide for the calling fourth of the Militia to execute the Laws of the Union, etc., etc. You have missed, however, Article 1, section 8, clause 18, which describes Congress’ power to provide for the general welfare (e.g. create a federal agency) and to make all laws which shall be necessary and proper for carrying into Execution … and all other powers vested …in …any Department or Offiicer there of (e.g. give the U.S. Marshal Service guns and arrest powers).

    Nick
    Guest
    Nick

    @Wild Bill, I specifically mentioned Article 1. However, I did not miss anything as was the case for Patrick Henry who argued that General Welfare should not be there, to which James Madison assured that it meant nothing because they were limited to the delegated authorities that are specifically enumerated. One of those delegated authorities was “to provide for organizing” not unorganizing, disarming the militia, or allowing it to become moribund. What you should be referring to is the writings of the Anti-Federalists (anti-constitution) who argued that the way the Constitution was written it did not control the government enough,… Read more »

    Alan
    Guest
    Alan

    Readers who take exception to ATF Antics should immediately contact their elected representatives. DO it RDN, Right Damned Now, not later or tomorrow.

    Alan
    Guest
    Alan

    The ATF, as is the case with other government agencies, “carries water for the president”. If we ever had a pro gun or pro gun rights or a pro constitutional rights president, we would not see the sort of crap from the ATF that we see. Others are free to argue differently, however they should be prepared to support their claims. History supports my position, sad to note.

    Wild Bill
    Guest
    Wild Bill

    @Nick, When you write, “The 2nd amendment community wants nothing to do with their obligation to keep a free and prosperous nation.” what do you mean by that specifically?

    InalienableWrights
    Guest
    InalienableWrights

    This is non-sensical. There is not such thing as a community, only individuals exist.

    Nick
    Guest
    Nick

    When you write such a comment, how much of the law have you studied in this area? Have you read anything at all about this topic from originating the Militia in the early 1600’s, and all the statutes surrounding the law in this area? Statutes that are still on the books, but are ignored. Tell me about all the years that you’ve studied this topic in detail. Tell me why Alan Gura couldn’t answer the questions of Justice Stevens in Heller. Tell me how successful that case has been in the face of all the regulations that have been imposed… Read more »

    Wild Bill
    Guest
    Wild Bill

    @Nick, I am not sure if you are addressing me or InalienableWrights. As for me, I was wondering what obligation you had in mind? And what makes you say that the Second Amendment Community wants nothing to do with it? I guess that I am as conversant with the early Congress’ Militia Acts, the deficiencies in those acts, and how the Dick Act, and its amendments sought to remedy those deficiencies as any other law school grad.

    Nick
    Guest
    Nick

    @Wild Bill, I was not addressing you. However, as a law school grad you should know that congresses delegated authority was to make the training, and obligations uniform throughout the states. The Militia had already been in place since the 1600’s in most states. Only PA did not have a militia because of religious reasons, however, Franklin did convince the state legislature to authorize it sometime around 1750 if memory serves. I was addressing you in in the comment that starts “Tough question”. I’ve been at this for a long time. I have numerous friends who are lawyers and judges,… Read more »

    Nick
    Guest
    Nick

    Tough question. Regardless of what you believe, or what you’ve been mislead to believe, the 2nd amendment is clear; “A well organized militia, being necessary to the security of a free State”. The 2nd amendment is only a small part of the RKBA rubric that the Founders recognized. There are a myriad of state statutes defining Militia. It is the whole of the People armed, and ready to go at a moments notice. The Constitution only recognized what the Founders deemed as necessary to secure our rights, and maintain a free nation. Without going into all the details, I’ve attempted… Read more »

    InalienableWrights
    Guest
    InalienableWrights

    An illegitimate agency trying another back door gun grab.
    These people need to be hung for treason IMHO….

    Nick
    Guest
    Nick

    Illegitimate is correct. Treason doesn’t yet fit by constitutional definition. However, if the so-called pro-2nd community would abide by the “LAW”, that is what is written in the Constitution, then none of this would be taking place. “The Militia of the Several States” was to keep this a free nation. The 2nd amendment community wants nothing to do with their obligation to keep a free and prosperous nation. It’s not an opinion, but rather what I’ve found in over 20 years of explaining this law. The congress realized what was happening, so in 1902 they passed the Dick Act granting… Read more »

    InalienableWrights
    Guest
    InalienableWrights

    It sure is treason by Websters’ definition….

    I am familiar with the militia. I am formally a member of a state sanctioned Militia.
    The big problem is the dumb as dog shit people that are in the command structure. Most of them
    would not know the Constitution if it hit them in the face.

    Nick
    Guest
    Nick

    @InalienableWrights, I take it then that you were part of the NY Naval Militia, and drilled once a month? I’m not sure if it still exists. I know of no other constitutional militia remaining. This is a tough subject to bring to forward because most of the leaders of the so-called pro-2nd community are either ignorant of the topic, do not want to jeopardize their positions, or have fallen prey to the propaganda laid out by groups such as the Southern Poverty Law Center who uses the word racist for anything and everything. I did write a comment that starts… Read more »

    denis byrne
    Guest
    denis byrne

    Militia means able bodied persons able to bear arms and defend freedom.,..English colonialists were not exactly very altruistic.. Freedom under colonialism was under their terms..US won the war of independence and the war of 1812…Most americans believe the Englanders are our friends…I remain very skeptical on that issue…they are friends only when it suits their underhanded purposes..

    wake_Up_America
    Guest
    wake_Up_America

    Well more gov’t b.s. and Barry Hussein NoBoma at it. When are we, the people going to take back OUR country and put a complete end to all of the ridiculous gov’t crap!!! I am so so sick and tired of this gov’t and all of their nonsense. Those rat dogs like Barry Hussein hate this country and want to ruin it, it is so obvious people. He is a no good radical, muslim idiot himself and he is mad that he lives with a damn tranny to go along with it! If any of you vote for Crooked Hillary,… Read more »

    Ryber
    Guest
    Ryber

    READ THE ARTICLE. ATF’s longstanding position is that the small arms ammunition EXEMPTION applies only to .50 caliber or smaller rifle or handgun ammunition as well as certain shotgun ammunition. This position is clear in a June 2013 Explosive Industry Newsletter addressing exploding ammunition. Explosives Industry Newsletter issued in June 2016, the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) reclassified wetted nitrocellulose [also known as flash paper, flash cotton, guncotton, and flash string] containing greater than 12.6 percent nitrogen as a high explosive under the federal explosives laws. I stand by what I said. All these individuals ranting and… Read more »

    David
    Guest
    David

    “containing greater than 12.6 percent nitrogen as a high explosive under the federal explosives laws.”

    I don’t believe it is nitrogen they are regulating because nitrogen is an inert gas. It also makes up about 80% of our atmosphere. If they are the earth is in violation of this ruling.
    https://en.wikipedia.org/wiki/Nitrogen

    Butane
    Guest
    Butane

    This administration is always screwing with gun rights. If they can’t ban it, they increase the price, the tax, or the degree of difficulty in obtaining guns and ammo. I just don’t trust them, and don’t see the need to change a regulation that has been just fine for years.

    Dana Webb
    Guest
    Dana Webb

    That means all the sodium azide inflating charges for inflating airbags and can be used for denominators are illegal.

    Rayber
    Guest
    Rayber

    I think all these haters, hoarders and Obama haters should go back and actually READ the article. Now the President is over throwing the government. As I read this I thought I was visiting a Mental institution full of paranoid schizophrenics. READ the article. Stop playing on some wackos comments and working yourselves into a rage. Get a grip. This is not a LAW, it’s a regulation for the safe handling of an explosive. the “DEMS” had nothing to do with this. The “Repos” have total control of any laws being passed. They screwed us, the people, every which way… Read more »

    Buck
    Guest
    Buck

    “Gun that uses Gasoline?” do share link my friend that interests me…..i know about the Lewis and clark Air rifle it could fire 20 rounds on a tank….neat weapon…….

    RW
    Guest
    RW

    Just keep one thing in mind. Until an agency “officially” stretches their jurisdiction beyond reasonable bounds then the attorneys have nothing to fight. Just because they say it doesn’t make it right or law. We have to wait until it becomes a law, THEN the attorneys have something to work on. The Obamas and Clinton and Sanders of this world will always try to take power away from the people. They believe we do not have the intellect to stand on our own two feet much less understand how to insure our own safety. As a hand-loader I can tell… Read more »

    InalienableWrights
    Guest
    InalienableWrights

    “attorneys” people that have the legitimate state monopoly to defend us in court are just as illegitimate as the judges.

    David
    Guest
    David

    NITROGEN is inert. It makes up 80% of the AIR WE BREATH!
    Now, organic nitrates, what is used in fertilizer, can be used in an explosive compound.
    Also, Rayber, the “Repos” or anyone in Congress CAN’T pass a law WITHOUT the signature of the PRESIDENT.

    Phil
    Guest
    Phil

    Nitrogen is NOT inert, though it is very stable in molecular form. If it were inert it wouldn’t have a molecular form.

    Karen Gerard
    Guest
    Karen Gerard

    Nitrocellulose is a base compound used in manufaturing of Smokless Propellant, alone, fibrous nitrocellulose is perhaps the most energetic explosive and mthe most sensitive. This is why it can only be shipped and handled “wet” as in 25% water wet. It is a superb explosive, with exponentially higher surface area than any other explosive. When solvated and turned into a putty, it is combined with numberous other compounds, and formed into spherical propellant. In this form, the surgace area is exponentially smaller than fibrous nitrocellulose. With such surface area and combined with other chimicals and compounds, it no longer exhibits… Read more »

    Tucson_Jim
    Guest
    Tucson_Jim

    First of all the differentiation between “high explosive” and “low explosive” is that high explosive detonates… i.e. the shock wave created by the reaction of the molecules initiates the reaction the other molecules it passes through, detonation happens VERY rapidly. Low explosives ignite adjacent material, and thus the rapidity of the process is limited by how fast the heat can travel through the explosive… that’s why low explosives need to be powders, granules, or other such forms to allow the hot gasses to flow between the pieces for more rapid burn rate. I am fairly certain that nitro-cellulose is a… Read more »

    Butane
    Guest
    Butane

    Excellent point. All powders have a burn rate, and the results from a detonation would be highly detrimental to barrel life as well as accuracy.

    Reality Checker
    Guest
    Reality Checker

    Nitrocellulose with a high nitrogen content is a high explosive material and will detonate in a fashion similar to other high explosives such as nitroglycerin or PETN. When the nitrogen content of nitrocellulose is lower then it will simply deflagurate like black powder or flash powder.

    Agent76
    Guest
    Agent76

    May 16, 2016 How the President could overthrow the U.S.

    As of 2007 the President has the ability to replace the US government if they feel an emergency constitutes such actions.

    Rob
    Guest
    Rob

    Crazy. Wasn’t aware that the executive branch, or an agency could just make laws. So in thay spirit. I’m going to make my own law of ignoring them.

    The day is coming folks. Coming fast.

    Roger V. Tranfaglia
    Guest
    Roger V. Tranfaglia

    Did you HEAR that Mass.?
    If M. Healy can make up her own laws, HELL…SO CAN YOU!!!

    Jeff Knox
    Guest
    Jeff Knox

    ATF has backed off of this.
    https://www.atf.gov/file/109341/download
    They say they are going to reevaluate and work with industry. In the meantime, the old rules continue as they were.
    Jeff Knox
    http://www.FirearmsCoalition.org

    freethink
    Guest
    freethink

    The ATF is not going to “re-evaluate and work with the industry.” They are perhaps going to be forced to only if they get pushed into court because of pro-2A activists. For now it seems, the ATF is being pushed on one side to try to limit people’s access to ammunition at the order of the Obama administration, and on the other is trying to avoid getting sued by pro-2A organizations. This is clearly evidence of the Obama administration directing the ATF to restrict people’s access to ammunition across the nation. If they were to press for enforcement of this,… Read more »

    Alan
    Guest
    Alan

    One should say, “for the moment”,perhaps due to “encouragement” by public comment, of which there is likely not enough. How many gun owners/shooters do you think have been in touch with their elected reps, Members of The House and U.S. Senators on this. Speaking personally, I suspect not enough, hat being my take.

    Twobirdsflying
    Guest
    Twobirdsflying

    I think that what the ATF is getting at is that wetting nitrocellulose so as to mitigate accidental explosion or ignition during storage and transport does not in and of itself make it a non high explosive. As I read it, they area reaffirming that “nitrocellulose containing greater than 12.6 percent nitrogen is a high explosive under 27 CFR, Part 555 (nitrocellulose containing 12.6 percent or less nitrogen is generally not an explosive material under Part 555). Therefore, it must be stored in a type 1 or type 2 magazine.

    ken
    Guest
    ken

    I do not see anything on Reeves & Dola llp’s website under articles or alerts about this, am I just overlooking it?

    Nick
    Guest
    Nick

    Shooting sports? The RKBA was never intended for sports or hunting. It was intended for the People to maintain the authority “to execute the Laws of the Union”. What does this solve? Obviously it brings us closer to a state that can do whatever it wants, whenever it wants without fear of resistance. Wake up! The 2nd amendment was placed in order to make it impossible to disarm Militia, which is the WHOLE of the People armed as sovereigns with the indisputable power “to execute the Laws of the Union”. You, me, your spouse, your cousin, neighbor, everybody except those… Read more »

    Arnold Tobias
    Guest
    Arnold Tobias

    I think all of the arms and ammo industry should should cut sales and service to the ATF just like Barrett did to the state of California when they banned 50 caliber rifle ammo.

    Benton c s
    Guest
    Benton c s

    Arnold T has put to print what I believe would be most effective. To those who receive life benifits for short term sevice.to include anyone on the ATF Payroll or the IRS payroll. Refuse them the sale of Ammo. Govt. can not be trusted as the public finds they are terrorist in their own right. traitors,liars,and thieves. The Dept. of Homeland security should be seven notice they to will be banned from ammo on their next act infringement or violation of their oath of office.

    Informed Reloader
    Guest
    Informed Reloader

    It’s complete BS. Supplies and normal distributions of components are just fine and will continue to be until elections. You think if this really had any effect on the industry it would have happened by now after 3 months notice? I can still buy powder at all the places I know sell it online. Every Type 06 FFL holder has already caught wind of this and you can bet they are still manufacturing and carrying on business as usual. You gotta wake up folks.

    Mike
    Guest
    Mike

    ATF Just temporarily suspended the amendment today due to the industry’s inquiries.

    Mike
    Guest
    Mike

    How many reloading powders have a nitrogen content that high?

    Richie
    Guest
    Richie

    If I read it correctly, this change doesn’t affect smokeless powder but it affects the bulk ingredients of smokeless powder. Because powder manufacturers now have to treat the WNC used as a high-explosive, there could be a short-term supply.

    Karen
    Guest
    Karen

    You are correct, It will not effect Smokeless propellant used in ammunition. I will effect the manufactureres of propellant transport of Wet Nitro, used in making Smokless propellant for
    amunition. I am a powder company.

    Richie
    Guest
    Richie

    I have been saying this for years. They cannot get the guns so they are coming after the ammo

    Tabatha
    Guest
    Tabatha

    This is disgusting. This notch by notch restriction on our firearms rights. Little by little.

    Look what happened to the UK, they are now restricting PAPER CLIPS as dangerous. The slope is too slippery for us to let this one slide by.

    We need to fight this one.

    Stan
    Guest
    Stan

    That tax sucking, rights infringing, busy-body agency needs to be defunded. Contact your legislators.

    Wayne
    Guest
    Wayne

    Contact what legislatures? We ain’t got any, any more. They who are in office and swore an oath to protect and defend the Constitution and the people that elected them are there to fill their pockets from the rich corporations that actually run this country. If they in fact did their job that they were elected to do, then Obama and his entire Administration including murdering and lieing Hillary would have been impeached arrested tries and incarcerated. But no we have to have corrupt politicians in office that care about themselves then the people that put them there. We are… Read more »

    Clark Kent
    Guest
    Clark Kent

    Run by rich corporations? You mean like the corporations that make ammunition? Try not to wear your tinfoil hat so tight.

    robert
    Guest
    robert

    you forget one thing. we still have our weapons and we still know how to use then. remember the war between the states. don’t ever forget it.

    PHChilly
    Guest
    PHChilly

    They may regret picking this fight, because it’s not the first time they’ve tried something like this:. We had to fight them over improperly classifying hobby rocketry propellant as an explosive, which made an already expensive hobby next to impossible. If a small group of us can win at this game, I’m sure the much larger gun lobby can. See Tripoli Rocketry Assn. v BATFE:
    http://caselaw.findlaw.com/us-dc-circuit/1143934.html

    RocketsNguns
    Guest
    RocketsNguns

    And the hobby rocket people won because tha BATFE just “added” rocket propellant to their list without going through the “)notice of proposed rulemaking and comment period” reguired by federal law. Just like their statement of
    ” ATF has determined that “nitrocellulose containing greater than 12.6 percent nitrogen is a high explosive under 27 C.F.R. Part 555″.

    They just can’t add stuffer change the list at will. The industries will sue, just like us rocket people did.

    Dana King
    Guest
    Dana King

    Sue? I say we start hanging them! ALL OF THEM!

    Richard Gross
    Guest
    Richard Gross

    Treason is the charge and as they are obviously infringing upon the most crucial of our rights that enables us to be able to protect ourselves from an out of control gov, no need for trials . Let the hangings begin

    butch st germaine
    Guest
    butch st germaine

    if they try to take my guns they better bring a lot of body bags for the feds

    RidgeRunner 51
    Guest
    RidgeRunner 51

    I don’t understand why some gun nuts are so upset. Those of us who enjoy sport shooting & hunting, will still be able to enjoy these activities. It’s as though some people simply LOOK for something to b^^^h about & someone to hate. They must have sad lives.

    PFFT
    Guest
    PFFT

    ^^^

    Planted Troll

    Fred
    Guest
    Fred

    Clearly you do not understand the issue or you would not make such an uniformed and just stupid statement.

    clifford foss
    Guest
    clifford foss

    TRUE

    K. Riley
    Guest
    K. Riley

    RidgeRunner51 you are an IDIOT and you MUST BE A DEMORAT.

    Trooper Sam
    Guest
    Trooper Sam

    I don’t understand why an anti-gun troll would think we wouldn’t identify him instantly by his use of the pejorative “gun nut”. Inform Mr. Bloomberg that you have not earned your pay today.

    Jeffersonian
    Guest
    Jeffersonian

    An appeaser is one who feeds the crocodile in the hope of being eaten last.

    Robert Thomas
    Guest
    Robert Thomas

    Pizz off troll. HuffPost is having a circlejerk and you’re missing it, run along…

    Rizzle
    Guest
    Rizzle

    Hillary, is that you, drunk on antiseizure meds, again? Go sleep it off and quit trolling.

    ScantilyClad
    Guest
    ScantilyClad

    Did you know she’s on something much worse? It’s a anti stroke powerful and dangerous medication blood thinner known as Coumadin. I was a bit surprised this isn’t more of an issue as my step dad has been on this stuff and it’s nothing you want to be on. Well, just thought I’d chime in. Looks like it’s time to invest to keep our little machines running. Damn but cheers anyway

    Dcooter
    Guest
    Dcooter

    I’m not making this up. Coumadin was originally a derivative of whale sperm.

    Trucker
    Guest
    Trucker

    I am on warfarin a generic form of Coumadin. It is a serious blood thinner and I am always showing bruises on the backs of my hands and elsewhere. I have to have my levels checked every month. Coumadin is actually made of the same active ingredient of rat poison.

    Edward hartsell
    Guest
    Edward hartsell

    Also known as Warfarin, rat poison. Good choice for her!

    michael runner
    Guest
    michael runner

    it is rat poison for a rat killary

    Boyd mower
    Guest
    Boyd mower

    I thank it is past time for all people to stand together and let everyone know we are not going to give up are guns so we don’t have a say who can come into are homes anytime they please because there no firearms to worry
    About.

    Jaque Bauer
    Guest
    Jaque Bauer

    Gun nuts you say. What kind of nut are you? I already know the answer, but am curious if you know. The way the federal gestapo went about this is no different than the way the Nazis did their business. This is clearly entrapment, and designed to gum up the works for ammunition makers, large and small. It could result in shortages of small arms ammunition, and subsequent price increases. If the Fed’s play hard, fines and imprisonment will result. It is a solution in need of a problem. I’m sure the regime’s spokesman will claim this is to stop… Read more »

    clifford foss
    Guest
    clifford foss

    OBUMMER is a traitor to the USA

    Jay
    Guest
    Jay

    Your comment is dead on right!

    wayne
    Guest
    wayne

    and so is hitlery rottenham clinton. another revolution is coming anyone who supports obummer and clinton is also a traitor We the People do not run this country any longer and that has to changed back to the power of the people not money and power hungry traitors Why do you have to give your name and e-mail address to comment ? i hope it is not to get on a government hit list because you do not agree with the traitors they have already used black mail, murder and the IRS to destroy people who do not agree with… Read more »

    N
    Guest
    N

    Wake up stupid. Trump will not give his money to you. But he will take away the money from the people by creating wars. In so doing, the government or people’s money will be used to buy arms. In buying arms, that is where Trump will take money through legal tender kickbacks from arms-dealers. That is how Third World Countries do it and Bush-Cheaney learned from the process. Furthermore, your children will be sacrifice and die through a President-made war for nothing and your children will be given a Medal of Honor during the funeral ceremony. Trump spent so much… Read more »

    Raymond Miller
    Guest
    Raymond Miller

    Did some country loose an idiot ? N ( and I think I know what the “N” stands for)
    has to be one warped SOB. Oh and by the way, the President of the Philippines told it like it was about a certain momma, thank you sir !

    Ronin
    Guest
    Ronin

    Raymond Miller needs to grow up and get matured.
    He is just a small boy wearing diapers.
    Come to Mama when you need to change your diaper.

    Alan
    Guest
    Alan

    You will get no argument from me on that point. That being said, I continue to wonder as to,how he managed to get elected and re- elected to the presidency. Possibly a dumb question, though one whose answer eludes me.

    Matthew :Hakkido
    Guest
    Matthew :Hakkido

    Next step will be to outlaw urinating, as that’s also a potential source of explosive-grade nitrates…

    Wild Bill
    Guest
    Wild Bill

    @Ridge, shooting and hunting? What do you hunt, RR, and what do you hunt it with?

    Wild Bill
    Guest
    Wild Bill

    I note with great interest that RR51 did not respond to my question about what he hunts and what he hunts with.

    H. Smith
    Guest
    H. Smith

    This isn’t about hunting or shooting sports even though you and other trolls and a similar article says “it will hurt hunting and shooting sports”. This is about being able to arm our military, yourself and the 2nd Amendment. Hunting and shooting sports are a by product of the 2nd Amend and that’s good. But what good is the firearm without ammo? If the ammo is too expensive to buy, it has the same effect. What issue does this ATF ruling solve? I’m waiting.

    Karona D.
    Guest
    Karona D.

    Amen…he is America’s only chance for any normalcy ..At least the Americans will have a voice with him!

    Outlaw
    Guest
    Outlaw

    Suck my ass bummer boy.

    Striker201
    Guest
    Striker201

    Could you please define exactly what a “gun nut” is? And please explain why you believe that a shortage of ammunition and an increase in price will not affect your sport shooting and hunting activities?

    The Dinosaur
    Guest
    The Dinosaur

    Bu – – sh – -, RidgeRunner51. Who paid you off?

    Rayzor58
    Guest
    Rayzor58

    Must not be able to read, outlawing components for the production of ammunition not a concern. Do you hunt and shoot with a pellet gun.R

    Jay
    Guest
    Jay

    You need to be on a liberal site dorchestra bag!

    Cherryboy
    Guest
    Cherryboy

    RidgeRunner51 is one of them and been drinking too much koolaid!

    Frank
    Guest
    Frank

    When you can’t afford the ammunition to enjoy your sport shooting & hunting you’ll only have yourself to blame.

    Jim Macklin
    Guest
    Jim Macklin

    All these people swear an oath to uphold, defend and protect te Constitution. I hope that Trump wins in November and the impeachment of all the ATF, DOJ and FBI agents, executives and appointed or elected officials can begin.
    Don’t tell ATF about grain dust and flour!

    Bill Miner
    Guest
    Bill Miner

    These villains of liberty have figured out that they can break their oath to the constitution and suffer no consequences.People bitch and moan, but take no action.

    clifford foss
    Guest
    clifford foss

    vote for TRUMP

    LGee
    Guest
    LGee

    And die quickly in WWIII

    SHIPPY
    Guest
    SHIPPY

    TRUMP FOR PRESIDENT !!!!!!!!

    Wild Bill
    Guest
    Wild Bill

    @Bill Miner, What action would you have us take? All we can do is vote. After we vote, the villains of liberty don’t need us. They have the power that they sought.

    Dee
    Guest
    Dee

    That’s because congress sits on their asses and doesn’t stand up for the American People . Too busy with all their side deals bringing them in money . We Must vote out these people and start electing regular citizens the way Our Country was meant to be run . This is why IT IS SOO IMPORTANT TO VOTE IN TRUMP !! We have to rein Our Constitution back in. He’s not bought and paid for by these other bums involved in taking Our Nation down , he’s for restoring it .

    John Hauserman
    Guest
    John Hauserman

    When did messing with someones constitutional rights by
    someone who swore an oath to uphold and support the
    constitution become so common place, and have no
    consequences. If it was the 1st or 5th or any other
    rights the left would be having a fit as it should
    but why is the 2nd different. They all need to be rounded
    up and tried for the crimes against the American people.

    Phil
    Guest
    Phil

    No, actually as long as you are touting all the liberal crap, the First and Fifth are fine. But if you want to discuss our freedoms from a Conservative view then they are constantly infringing our rights now. Go to a college and try to take a conservative point of view. The liberals have been slowly taking over our youth for years with all the freebies and the B.S. and now we’ve got not only convicted criminals teaching our youth but now have brought in terrorist to teach our future leaders. God help us if we don’t get control on… Read more »

    Infidel7.62
    Guest
    Infidel7.62

    It’s no secret why they did it. To increase the price and reduce the availability of ammunition.

    DICARLO
    Guest
    DICARLO

    No, no, no. You must ask yourself why they are working to disarm we, who care about America. We, who’s forefathers created and defended this once, great, country.

    Lee
    Guest
    Lee

    This is Obama and his ilk trying to regulate the shooting sports out of existence, they are shit.

    Verbin Hayes
    Guest
    Verbin Hayes

    And what problem is this infringement solving?!

    Nailbanger
    Guest
    Nailbanger

    None, nada, nothing, zip, other than manufactured boogeymen that these same federal turds equip

    Soldierboy
    Guest
    Soldierboy

    Wrong, it will forward Obam’s attempts to curtail gun ownership! HilLIARy will follow the same path! vote TRUMP!

    Richard Gross
    Guest
    Richard Gross

    It helps solve the only real problem they have with guns which is the lawfull ownership of guns by a lawabiding populace. You they dont wamt us to have any ability of protecting ourselves from an out of control government . What part of “shall not be infringed upon” dont they understand , because they are well beyond infringing upon

    bob
    Guest
    bob

    we already have a well armed army of 2nd amendment folks that are ready to through down the obama anis type holes when needed. all these games this anis is playing well back fire on these dumb hind ends. they are right now showing themselves so we need to know who to put down when the time comes. hopefully it wont be needed. all hell well be the only result. churches that back this anis well dry up & blow away, as should certain movie stars.

    Nick
    Guest
    Nick

    “A well regulated” in the common parlance of the day meant well trained. We are not, and we’ve avoided this. It would simply be a bunch of yahoo’s being either killed or arrested. Revitalize the Militia as the laws of the land state and you will not have to resort to blood in the streets. “[t]he Militia of the several States” is recognized in the Constitution as having the authority “to execute the Laws of the Union”. If the 2nd amendment folks get their heads out their derriere and revitalize the constitutional Militia it has the authority to arrest, and… Read more »

    howard
    Guest
    howard

    This has always been the suspected way that the Feds would diminish gun ownership. Just mess with the bullets!!! Lock and load!!! Resist tyranny!!!

    Raymond Miller
    Guest
    Raymond Miller

    our ability to defend ourselves when Doggie-Doo unleashes his martial law. This will happen when Trump wins and Doggie-Doo refuses to leave his throne.

    Orthodoct
    Guest
    Orthodoct

    Oh, he is going to leave whether he likes it or not. Read “Liberty’s Last Stand” by Stephen Coonts.

    Frank
    Guest
    Frank

    The problem that We The People have access to firearms. Something every fascist detests.

    Erick
    Guest
    Erick

    The ATF have been morons under every president. Give credit where it’s due.

    BOB
    Guest
    BOB

    THE ATF DOES NOT HAVE THE MENTAL FACILITIES TO UNDERSTAND THIS.

    Wild Bill
    Guest
    Wild Bill

    @Erick, And dishonest, corrupt, and conspiring morons, too!

    Jerome
    Guest
    Jerome

    Any rule or law not obeyed by anyone is null and void. BTW only Congress can make laws not the ATF.

    Garvin Durrant
    Guest
    Garvin Durrant

    Just like ALL CFRs they are written by bureaucrats that have little if any Congressional oversight, and are used as a Government tool to push an agenda. In all of my 60+ years I have never seen EPA / ATFE regulations written with such disregard for it’s affect on business, economy, or personal freedoms. This is the “Velvet Glove” of tyranny with the steel fist inside it.

    Matthew :Hakkido
    Guest
    Matthew :Hakkido

    John Lennon was always ahead of his time. I can hear him now….”you say you want a Revolution….”

    Wild Bill
    Guest
    Wild Bill

    @Garvin D, Actually, that is a brilliant idea! Amend the enabling statute that promulgates the Code of Federal Regulations to require that all CFRs must be proved to have minimal effect on business, and the economy, and no impact on personal freedoms. Were the statutes and regulations intended to serve American citizens or were American citizens made to serve the statutes and regulations?

    PforFREEDOM
    Guest
    PforFREEDOM

    It’s not going to work, We will tear all this bullcrap up when TRUMP WINS, LOSERS, LOSERS, and LOSERS. Good luck trying to enforce a law they have no right to install. ALL LIBERAL CRONIES.

    Mark Goulette
    Guest
    Mark Goulette

    Soros just stated that “Even if Trump gets more votes by a landslide, Hillary will occupy the Oval Office the fix is already in”

    Doug
    Guest
    Doug

    Good point!

    Dave
    Guest
    Dave

    Is there a Congress?

    Alan
    Guest
    Alan

    Dave:

    Yes there is a congress.Unfortunately it has been ducking it’s responsibilities for years now. It continues to so do also.

    alan
    Guest
    alan

    Dave:

    Yes there is a congress, though congress has been ducking it’s responsibilities for quite a while now. If this turns out to be a second reply, disregard one or the other.

    clifford foss
    Guest
    clifford foss

    another way to keep track of ammo production , and control and limit to the american people.

    this is another OBUMMER traitor trick

    William Haynes
    Guest
    William Haynes

    Since they can’t get our guns, they’re trying to make them no more than clubs!!! This is BS and totally unConstitutional. But this doesn’t surprise me at all, as Obutthead forgot anything of the Constitution that he might have known!!!

    Charles
    Guest
    Charles

    Agree, just because they call them regulations does not mean they are, these are infringements on our constitution, time to put a stop to all of these people that violate the law , we need a new congress that does the job we have them there for, defund and abolish all of these bureaucracys that go against the people and all that don’t honor their oath.

    BigIron
    Guest
    BigIron

    Regulations, policies, rules, statutes, etc. are NOT laws; they ARE actually meant for governmental workers, governmental agencies and those who work for those governmental agencies, subcontractors, etc. THEY are NOT for the “people” NOR are they binding upon the people ONLY those who are part of the government, work for the government or subcontractors of the government, etc.. …OR those who are post-1933 US citizens who due to the Emergency Banking Relief Act of 1933 and ITS subsequent amendments to the Trading With the Enemy Act of 1917 (a copy of a British act of about 1915/16). These amendments made… Read more »

    Dana Webb
    Guest
    Dana Webb

    I stand next to you.

    Garvin Durrant
    Guest
    Garvin Durrant

    It has nothing to do with “shooting sports”. It has to do with disarming the citizens of this great nation. If it is done slowly through exorbitant taxation or restrictive ammunition components costs Witshing one or two generations at most GUNS and shooting will be a thing of the distant past. How many of you have seen the demonization of hunters and sport shooter? It used to be all of my friends in school either owned or had access to a .22 rifle for plinking and small game hunting. Do you see that anymore? Unsupervised youths out enjoying an afternoon… Read more »

    BigIron
    Guest
    BigIron

    It is called “incrementalism”. It’s when one thing is innocuous and the next thing done is also innocuous etc. and you’ve got “boiled frog”!

    Mark Goulette
    Guest
    Mark Goulette

    Anyone who does not vote for Trump, was born stupid and been losing ground ever since!