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Bill would ban bomb materials




Mass. law loophole allows possession
NORTON - A bill pending in the state Legislature will outlaw the cache of chemicals, like the kind seized from a local man arrested earlier this week with what authorities say was a homemade bomb in his car.

The bill will make it illegal to possess bomb-making chemicals, which will close a loophole in the current law, state Sen. James Timilty, D-Walpole, said Thursday.

Under current law, chemicals capable of making a bomb are not illegal to possess, and are only illegal when they are combined.

"You can have all the materials to put together a bomb, but unless it's in a combined state you can't be charged," said Timilty, who represents Norton and is chairman of the Senate Public Safety Committee.

Norton Fire Chief Richard Gomes says it's time to close the loophole. "I think it's frustrating that you can have ill intent and still be able to buy these constituent components," Gomes said, adding that he was speaking in general terms.

"That's a shame when your intent is to make a bomb," added Deputy Fire Chief Paul Schleicher.

State police bomb squad members testified in favor of the bill before the Senate Public Safety Committee two weeks before Jason M. Driscoll, 37, was arrested with what police allege was a homemade bomb.

Driscoll pleaded innocent Tuesday to possession of an infernal machine and is being held in jail on $10,000 cash bail.

His lawyer, Brian Roman of North Attleboro, said the device was nothing more than fireworks, and that Driscoll did no intent to harm anyone.

The bomb squad meant to "disrupt" the device, so a piece of it could be saved to analyze. But the device detonated, Gomes said, causing a loud explosion throughout the neighborhood.

Police said the remains of the device were collected to be analyzed.

Police and fire officials and Timilty said passage of the bill is necessary for public safety and to allow the prosecution of people with intent to harm others.

There have been several instances in Massachusetts in which people had dangerous bomb-making chemicals, yet escaped prosecution because the chemicals were not yet combined, Timilty said.

He said one person was even caught with a popular book that contains bomb-making instructions and another had a shrine in his home dedicated to the Columbine High School killers Eric Harris and Dylan Klebold. The bill would outlaw the possession of chemicals like the kind police say they seized from Driscoll's apartment at 249 South Worcester St., including potassium chlorate, potassium nitrate and others.

Timilty said the bill, which was on track for approval last year when it expired at the end of the year, was voted favorably out of the Public Safety Committee, where no one testified in its opposition.

The bill could reach the Senate floor by the end of the month and could be approved by the full Legislature by the end of the summer, Timilty said.

 


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View Comments » 11 comment(s) « Hide Comments

ltdgovt wrote on Jul 12, 2009 8:06 PM:

" Don't forget this is the same guy who sucessfully got metal basketball nets banned because someone got hurt by one. "

naughden@comcast.net wrote on Jul 11, 2009 12:22 PM:

" This is another silly case of legislation by exception. One person is arrested and charged with "what authorities say" was a home made bomb. Now, in a classic overreaction are we to have knee-jerk legislation through which everyone is deprived of certain chemicals, or a become a suspect if they do have them, regardless of intent? If this passes we'll need more prisons for our back yard gardeners because they have fertilizer, mower gas and motor oil. This is too much government and too much law-enforcement influence. "

sunfan wrote on Jul 10, 2009 10:04 PM:

" I think the point is *not* that normal people will be bothered for possessing normal household materials, but that a loophole can be closed to prevent abnormal people from buying and/or stockpiling materials with the intent of making explosive devices. Seriously. Just look at this guy. How'd you like to have him living in the apartment next to you, knowing he's buying explosives off the net? "

Auk wrote on Jul 10, 2009 7:25 PM:

" Oh no, somebody actually had a book!!! Holy Toledo, we need more laws NOW!!!... Ahhh, now I feel safe. :p

How could a popular book be illegal? "

hardhearted wrote on Jul 10, 2009 10:26 AM:

" If you're bored go to Timilty's campaign site and play count the typos and grammatical errors. "

Kevin h. wrote on Jul 10, 2009 10:16 AM:

" Good one Realist. Dihydrogen Monoxide is already illegal to be on when it is frozen on city owned land. "

skeptic wrote on Jul 10, 2009 8:59 AM:

" Mr. Timilty -- find a way to balance the state budget without huge tax increases. That will get you attention. That will get you to be governor. "

realist wrote on Jul 10, 2009 8:51 AM:

" They should make Dihydrogen Monoxide illegal. That leads to more deaths in this country than bombs and handguns combined. Yet no one cares.
http://www.snopes.com/science/dhmo.asp
;-) "

IShouldBeMayor wrote on Jul 10, 2009 8:32 AM:

" Write to your reps and say stop over reacting to everything. Soon, soap will be illegal because if you get it in your eyes it hurts. "

realist wrote on Jul 10, 2009 8:15 AM:

" Another knee-jerk reaction to someone who wants to make a name for himself. Anyone with a knowledge of HS chemistry can walk through their house and garage and have the materials to create a bomb. Do you have fertilizer for your garden and heat your home with oil? You have the makings of an Oklahoma City type bomb. (Never mind gasoline and certain laundry detergents).
Will I have to fill out a form and show ID to buy H2O2 (hydrogen peroxide) like I have to know when I buy allergy medicine? That worked out well to control meth labs.
What about Potassium Nitrate? That's what is in fertilizer and model rocket engines. Will I be on a terrorist watch list for my hobbies.
I wish the legislature would read a chemistry book before they panic. "

kevin h. wrote on Jul 10, 2009 7:26 AM:

" It better not include smokeless powder, which gun owners use to reload ammunition. The NRA will crush it. "