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What a bunch of crap.
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166.382 Possession of destructive device prohibited; exceptions. (1) A person commits the crime of unlawful possession of a destructive device if the person possesses:
(a) Any of the following devices with an explosive, incendiary or poison gas component:
(A) Bomb...
Hopefully they Washington does have the same penial code as Cali...
CAL. PEN. CODE § 12301
(6)Any sealed device containing dry ice (CO2) or other chemically reactive substances assembled for the purpose of causing an explosion by a chemical reaction.
<broken link removed>
By: Scott McCabe
Examiner Staff Writer
August 17, 2010
Two fire-breathing bartenders face up to 45 years in prison each for performing flaming bar tricks.
Jimmy's Old Town Tavern owner Jimmy Cirrito said his bartenders have been entertaining his customers -- by juggling bottles of alcohol and spitting out streams of flames using matchbooks and lighters -- for more than a decade and no one's complained. But shortly after midnight on July 24, two of his longtime employees were hauled out of the Herndon bar in handcuffs and charged with three felonies each plus other misdemeanors
"They were being treated as if they were terrorists, charged as if they intentionally tried to burn down the tavern," Cirrito said.
Fairfax County fire investigators charged Tegee Rogers, 33, of Herndon, and Justin Fedorchak, 39, of Manassas, with manufacturing an explosive device, setting a fire capable of spreading, and burning or destroying a meeting house. They also were charged with several state fire code misdemeanors.
Both men have worked at the tavern nearly since it opened. They both recently became fathers and are very anxious about facing serious criminal charges, Cirrito said.
Jimmy's Old Town Tavern bartenders have performed the fire-breathing act for 13 years, at first doing the tricks on special occasions like birthdays or to honor a fallen fireman, police officer or soldier, Cirrito said. By 1999, the fire-breathing bartenders had become a Friday midnight tradition, he said. The bar uses the fire-breathing bartenders on its advertisements.
Cirrito said an investigator told him that the marshals received a letter in the mail with a photo taken of a previous performance at the bar.
Cirrito said he has never received a warning from the fire marshals, and he would have stopped if marshals had given him a warning.
"But I don't think we've doing anything wrong," he said. "There's a lot of fire in restaurants. I've been served flaming desserts, I've roasted marshmallows on tables, I've seen 75 candles and sparklers on cakes, and I've seen bartenders perform the tricks coast-to-coast and no one's been arrested."
A better way to write this law would be: "Any sealed device assembled for the purpose of causing an explosion."
I personally believe that we have passed too many laws, it seems you can wind up in jail for farting in public anymore, and it's not just stupid and wrong, but damn costly to be locking up regular folks all the time.
One of our customers located in an industrial park uses their packaging foam. They put the foam making stuff into a plastic 2 liter empty coke bottle, add about a 1/4 cup of water, then toss it out into the parking lot. Takes a min or 2 and you can see the bottle plumping up like a ball park frank out there as folks keep edging backwards.
As with Tannerite, the legality of dry ice bombs in Oregon is an open question, as ZachS suggests above. [The federal definition of "destructive device" quoted by Trlsmn is irrelevant to the state charges here].