BILL NUMBER: S1456

SPONSOR: SANDERS
 
TITLE OF BILL:

An act to amend the labor law, in relation to licenses to purchase, use,
or store certain compounds

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation would prohibit the storage, use, or purchase of the
explosive Tannerite or similar products sold under a different name
without the proper license or other authorization to do so under the
provisions of law.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 465 of the labor law is added to require a certificate for the
purchase, use, or storage of products containing to two or more compo-
nents that are advertised and sold together with instructions on how to
combine the components to create any device designed or specifically
              

adapted to facilitate a detonation or combustion.

 
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 Tanner-
ite. The explosion rattled neighbors and was heard miles away. Fortu-
nately, no one was injured.

Additional incidents have been reported elsewhere in New York State and
throughout the country. In Indiana in 2012, a woman lost her hand when a
friend exploded Tannerite inside of a dryer. In 2013, a Minnesota man
was killed at a bachelorette party when shrapnel struck him from a
Tannerite exploding target. In 2015, an 8 year old Oklahoma boy was
killed when an outdoor stove stuffed with Tannerite was shot and
exploded sending shrapnel into the child. Tin 2016 a Georgia man lost
his leg below the knee when he filled his lawnmower with three pounds of
Tannerite. And in September of 2016, a bomb containing Tannerite,
exploded on West 23rd Street in the Manhattan neighborhood of Chelsea
injuring 31 people.

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 active-
ly be attempting to acquire exploding targets to obtain the ammonium
nitrate for use in the manufacture of improvised explosives based on FBI
investigations 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:

Minimal.

 
IMPACT ON REGULATION OF BUSINESSES AND INDIVIDUALS:

Individuals would no longer be able to buy Tannerite in New York State
without a certificate required similar to the other explosives.

 
EFFECT ON FINES, TERMS OF IMPRISONMENT OR OTHER PENAL SANCTIONS:

Violation of this act can result in a class E felony and/or up to $2,500
in fines.

 
LEGISLATIVE HISTORY:

2015/2016 A.270 (Buchwald) - Referred to Labor - Passed Assembly in 2016
/ S.5276 (Martins) Committed to Rules

2014: A.9871 (Buchwald) - Referred to Labor

 
EFFECTIVE DATE:
This act shall take effect immediately.