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A09871 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Buchwald
  TITLE OF BILL: An act to amend the labor law, in relation to expand- ing the definition of explosive   PURPOSE OR GENERAL IDEA OF BILL: This legislation would prohibit the manufacture, ownership, possession, storage, use, transportation, purchase, sale or gift of the explosive Tannerite or similar product sold under a different name without the proper license or other authori- zation to do so under the provisions of law.   SUMMARY OF SPECIFIC PROVISIONS: Section 451 of the labor law is amended to expand the definition of explosives to include two or more components that are advertised and sold together with instructions on how to combine the components to create an explosive.   JUSTIFICATION: Tannerite is an explosive made from two separate compounds, ammonium nitrate and aluminum powder. The compound is intended to be used as a small exploding target for target practice. However, when large amounts of the chemicals are combined, the results can create a powerful and dangerous explosion. In January of 2013 in Busti, NY, a group of friends target shooting in the woods intentionally exploded 18 pounds of Tannerite. The explosion rattled neighbors and was heard miles away. Fortunately, no one was injured. Additional incidents have been reported elsewhere in New York State and throughout the coun- try. In Indiana in 2012, a woman lost her hand when a friend exploded Tannerite inside of a dryer. In addition, in January of 2013, the FBI published a bulletin warning that Tannerite may be used as an explosive in improvised explosive devices, commonly known as IEDs. The bulletin explicitly states, The FBI assesses with medium confidence criminals and extremists may actively be attempting to acquire exploding targets to obtain the ammonium nitrate for use in the manufacture of improvised explosives based on FBI inves- tigations of individuals interested in manufacturing explosives." This legislation would allow only licensed and authorized individuals to access this very dangerous compound making it more difficult for crimi- nals and terrorists to construct IEDs, as well as mitigate potential injuries and deaths associated with the explosion of large quantities of this compound.   FISCAL IMPLICATIONS: None   IMPACT ON REGULATION OF BUSINESSES AND INDIVIDUALS: Individuals would no longer be able to sell or buy Tannerite in New York State without the license required for other explosives.   EFFECT ON FINES, TERMS OF IMPRISONMENT OR OTHER PENAL SANCTIONS: A violation of this act can result in a class E or class D felony and/or up to $25,000 in fines.   LEGISLATIVE HISTORY: New bill   EFFECTIVE DATE: This act shall take effect immediately.
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