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    • CARB (California Air Resources Board) orders BMS (Burger Tuning) to cease and desist the sale of BMW Aftermarket Performance Parts In California

      The California Air Resources Board (CARB or ARB) sent Burger Tuning a letter informing the company that they believe BMS is in violation of two California vehicle code sections dealing with anything that modifies a vehicle's emission control system. This includes downpipes, intakes, tuning boxes, exhaust systems, etc. CARB ordered an immediate cease and desist of sales and also requested three years of sales records including receipts and invoices.



      Whether BMS intends to comply with the records request is not known at this time but what that means for you if you live in California and bought BMS parts is that CARB could potentially acquire a list of names and addresses of people who own vehicles they know are likely in violation of California vehicle codes. What it means for BMS is a big problem regarding sales in California as CARB states BMS needs to apply for an exemption to allow sales even if parts are for off-road use.

      Why Burger Motorsports LLC is being targeted by CARB is unknown. We all know that as of right now hundreds if not thousands of companies are selling intakes, exhaust system, turbos, superchargers, etc., in California. BMS is being singled out here and it is quite possible a competitor made sure to point CARB toward BMS.

      California is the only state with a regulatory agency like CARB. The reason for this is because the agency existed before the federal Clean Air Act which is governed by the federal Environmental Protection Agency (EPA). One could argue that CARB is superfluous and that it is too much government control but the agency exists and wields strong authority giving California the most stringent emissions regulations in the nation.

      CARB essentially has the power to destroy an aftermarket performance automotive company's business in California. Considering California is the largest car market in the nation, that is about as big of a blow that can be levied. BMS is complying with CARB's request and halting sales of parts in California as the company explores its options. Terry Burger informed BimmerBoost he intends to make the off-road use warnings on BMS products more prominent.

      What this means for you, the enthusiast, is that the days of being able to modify your car are slowly coming to an end as CARB and the EPA clamp down. Even though we are in the golden age of horsepower and performance cars are becoming tuner dreams with turbo and supercharged cars coming from practically every manufacturer now you will have government agencies crack down and put an end to the fun as well as an end tremendous revenue and countless jobs. They do not want you modifying your car, period, and this is a gradual move in that direction. They also appear to be gearing up for going after people individually or why else request years of receipts, invoices, and transactions that would serve as implication?

      This unfortunately affects every one of us. Why BMS was targeted is unknown but what is known is that CARB has practically unlimited resources and can fine you into oblivion until you play the game the way they tell you to play it. Free market and free country? That it is not.

      CARB letter to BMS dated 3/10/14:

      Letter removed by request

      Comments 124 Comments
      1. Sticky's Avatar
        Sticky -
        Click here to enlarge Originally Posted by SCGT Click here to enlarge
        I'm just here for Sticky.
        I would assume most are. I should start charging.
      1. BlackJetE90OC's Avatar
        BlackJetE90OC -
        Click here to enlarge Originally Posted by Sticky Click here to enlarge
        I don't know what Terry will do but I'm concerned and hope he figures out the best solution.
        Just to stick it Cali. He can base the company out of Vegas. Sell what he can legally to Cali customers. Sell all products to customers in every other state. Honestly if they want to threaten with fines, I would just move the business and pay taxes to a business friendly state like Nevada (pay a lot less taxes too).
      1. ChuckD05's Avatar
        ChuckD05 -
        a large majority of his business comes from cali... more profit there than what it would cost to become sanctioned with whatever org that is... I would assume atleast
      1. NJrep335i's Avatar
        NJrep335i -
        The following link is a similar situation with Two Brothers performance in CA. It just so happens they sell a motorcycle tune call Juice Box.

        http://www.arb.ca.gov/enf/casesett/sa/two_bros_sa.pdf
      1. ChuckD05's Avatar
        ChuckD05 -
        t should cut them a check and tell them to get lost
      1. Sticky's Avatar
        Sticky -
        Click here to enlarge Originally Posted by BlackJetE90OC Click here to enlarge
        Just to stick it Cali. He can base the company out of Vegas. Sell what he can legally to Cali customers. Sell all products to customers in every other state. Honestly if they want to threaten with fines, I would just move the business and pay taxes to a business friendly state like Nevada (pay a lot less taxes too).
        You guys don't seem to be getting it. It doesn't matter if he is based in Cali or not. If you want to sell anything in California CARB is involved. Just look at how CARB fined the Nevada company.

        Moving doesn't accomplish anything.
      1. BlackJetE90OC's Avatar
        BlackJetE90OC -
        Click here to enlarge Originally Posted by Sticky Click here to enlarge
        You guys don't seem to be getting it. It doesn't matter if he is based in Cali or not. If you want to sell anything in California CARB is involved. Just look at how CARB fined the Nevada company.

        Moving doesn't accomplish anything.
        Purpose of moving the business is to stick to Cali. Why have a business in Cali and pay taxes to a non business friendly state.

        I never said he could sell products in Cali if he moves it.

        I said and I quote "
        Sell what he can legally to Cali customers. Sell all products to customers in every other state." So basically sell any carb legal products to Cali customers.

        He can just base his business out Nevada, as a big f*ck you to Cali.
      1. rawad1017's Avatar
        rawad1017 -
        downpipes with 200 cel cats for california customers...
      1. Sticky's Avatar
        Sticky -
        Click here to enlarge Originally Posted by BlackJetE90OC Click here to enlarge
        Purpose of moving the business is to stick to Cali. Why have a business in Cali and pay taxes to a non business friendly state.

        I never said he could sell products in Cali if he moves it.

        I said and I quote "
        Sell what he can legally to Cali customers. Sell all products to customers in every other state." So basically sell any carb legal products to Cali customers.

        He can just base his business out Nevada, as a big f*ck you to Cali.
        All that will accomplish is him moving his family and business and losing the largest car market he can possibly have. It isn't an option. The lawyers will fight this out.
      1. Sticky's Avatar
        Sticky -
        Click here to enlarge Originally Posted by rawad1017 Click here to enlarge
        downpipes with 200 cel cats for california customers...
        I want to send CARB 200 cats. Not catalytic converters, stray cats.
      1. rawad1017's Avatar
        rawad1017 -
        Click here to enlarge Originally Posted by Sticky Click here to enlarge
        I want to send CARB 200 cats. Not catalytic converters, stray cats
        lol it would work though. plus he could charge more = more $$$ profit
      1. BlackJetE90OC's Avatar
        BlackJetE90OC -
        Click here to enlarge Originally Posted by Sticky Click here to enlarge
        All that will accomplish is him moving his family and business and losing the largest car market he can possibly have. It isn't an option. The lawyers will fight this out.
        Either way he will have to fight to continue to sell in California, where ever the business is. His family doesn't have to move. I have friends that have their llc based in Vegas. I am from Cali, that state is so anti-business it is comical.
      1. Sticky's Avatar
        Sticky -
        Click here to enlarge Originally Posted by BlackJetE90OC Click here to enlarge
        Either way he will have to fight to continue to sell in California, where ever the business is. His family doesn't have to move. I have friends that have their llc based in Vegas. I am from Cali, that state is so anti-business it is comical.
        Sure I guess he could get a license in another state or something like that.

        It's moments like this I'm glad I advertise the parts and don't sell them. Less profit but less headaches.

        There are a ton of companies selling parts in California though. Nobody is naive so why BMS? There are bigger fish to fry.
      1. rawad1017's Avatar
        rawad1017 -
        somebody musta snitched
      1. whoosh's Avatar
        whoosh -
        Click here to enlarge Originally Posted by Sticky Click here to enlarge
        All that will accomplish is him moving his family and business and losing the largest car market he can possibly have. It isn't an option. The lawyers will fight this out.
        It's a matter of standing on principle. A state that outlaws your products has no business reaping the benefits (jobs, taxes, etc) from your business.
        Magpul Industries threatened to leave Colorado after the legislature passed a measure banning weapons magazines with more than 15 rounds.

        And now that is official.

        The Erie-based ammunition magazine manufacturer said Thursday it is relocating its operations to Cheyenne and Texas.
        Most of the 200-plus employees will not be moving to Wyoming, where manufacturing and distribution will take place, said spokesman Duane Liptak.

        "Moving operations to states that support our culture of individual liberties and personal responsibility is important," CEO Richard Fitzpatrick said in a news release. "This relocation will also improve business operations and logistics as we utilize the strengths of Texas and Wyoming in our expansion."


        Read more: Magpul to depart for Texas, Wyoming in 2014 - The Denver Post http://www.denverpost.com/news/ci_24...#ixzz2wFuRjoJM
        I get it that Terry's situation is a lot more complex since there's a strong demand for these products in CA. However, people will get these items by other means if they are desired. One gun shop in Wyoming located just across the border with Colorado sells a huge number of Magpul standard capacity magazines to buyers who drive up from Colorado. Same could happen with BT products if Terry were to go to NV...
      1. Sticky's Avatar
        Sticky -
        Click here to enlarge Originally Posted by whoosh Click here to enlarge
        It's a matter of standing on principle. A state that outlaws your products has no business reaping the benefits (jobs, taxes, etc) from your business.
        You aren't going to outrun the EPA. It's federal.
      1. whoosh's Avatar
        whoosh -
        Click here to enlarge Originally Posted by Sticky Click here to enlarge
        You aren't going to outrun the EPA. It's federal.
        The cease and desist letter is from CA... The Feds seem to be placated by the "offroad use only" labels all over his stuff. Where are all the letters going to Cobb, Invidia, IPD, etc, etc, etc?
      1. Rodzilla's Avatar
        Rodzilla -
        Quick question, If I live in Florida or lets say another country and sell catless downpipes and lets say I sold some to customers in California. CARB finds out and sends me a fine. Can they go after me in Florida and collect said fines, can they throw me in jail if I refuse? I'm just curious on how powerful can they be?

        Guess you gotta pay to play!
      1. Group.america's Avatar
        Group.america -
        Fxck the MAN... sorry......... they, the CARB eaters can blow my little Click here to enlarge
      1. Sticky's Avatar
        Sticky -
        Click here to enlarge Originally Posted by whoosh Click here to enlarge
        The cease and desist letter is from CA... The Feds seem to be placated by the "offroad use only" labels all over his stuff. Where are all the letters going to Cobb, Invidia, IPD, etc, etc, etc?
        Yes this one is from CA which is better than getting one from the federal government. What I'm saying is you aren't going to outrun environmental standards anywhere in the USA. There is no second amendment for car parts to protect you so handgun manufacturing doesn't really apply.