ATF raids gun store despite restraining order protecting customer list

ar-15-field-stripped

Photo credit: emptormaven.com

When Bureau of Alcohol, Tobacco, Firearms and Explosives agents expressed interest in a Southern California gun part and accessory store, it sought the protection of a federal district court. But on Saturday, agents raided the store anyway.

Ares Armor sells what are called “80% lower receivers” to allow a buyer to make his own AR-15 rifle. According to federal law,”The term ‘firearm’” includes “the frame or receiver of” a weapon, but one that is only 80 percent complete does not fall under that category.

When ATF agents began nosing around Ares Armor and started asking questions, the store obtained a temporary restraining order prohibiting the agency from seizing its product line and customer list. A hearing was scheduled for March 20 to litigate the issue.

However, on Saturday, ATF agents raided Ares pursuant to an ex parte order — an order obtained without notice to the other party, in this case Ares — and did just what Ares feared, according to the amateur video below.

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In ATF’s ex parte application dated Friday, the agency alleged that it “is conducting a lawful criminal investigation of the illegal manufacture, distribution, sale, and possession of AR-15 variant lower receivers, which are considered firearms under the Firearms Control Act.”

What the agency’s application failed to mention, however, was that none of the items were a complete product — they were “80% lower receivers,” which remove them from the “firearm” definition to be classified as “parts.”

In August, U.S. Rep. Henry Waxman, D-Calif., introduced HR 2910, the “Gun Violence Prevention and Reduction Act,” which would define “80% lower receivers” as firearms.

Unless and until that bill is passed into law, ATF had no business making Saturday’s raid. If they claim that the receivers seized don’t meet the definition of an “80% lower receiver,” the issue is one that should more probably be litigated in the courts before raiding a lawful business and seizing everything in sight

The following is amateur video of the ATF raid of one of Ares’ facilities.

Comments

117 thoughts on “ATF raids gun store despite restraining order protecting customer list

  1. Russ Hamilton says:

    It will be interesting to see what happens to the ATF for filing a false affadavit not to mention seeing what the judge who issued restraining order is going to do. All kinds of cool separation of powers problems…

  2. Aldo1887 says:

    Must be great working for the ATF, you can do whatever you want, and if you don’t like the law either change it or simply ignore it (like Holder did.) You can see why they don’t want us peons to have access to guns, or even gun parts in this case, it threatens their power.

  3. Thomas Jefferson says:

    Where were the state police? This is tyranny, and the state allowed it. When such overzealous, politically motivated arms of the White House go after lawful citizens (think IRS), the citizens will always lose. Even if the outcome of the court finds the truth, that these receivers are legal, the politicians directing these attacks fully understand that the act will cost the citizens in lost work, lost wages, lost business, and massive legal fees. This is a harassment technique embraced by today’s White House. Under the Constitution, our founders never intended the people to fear the government–quite the opposite. Are our prisons so empty of actual violent offenders that the Federal government wants to arrest and imprison peaceful citizens, on fabricated technicalities?

  4. Paul Chapman says:

    try that in pennsylvania,,they picked the weakest<most liberal/bullshit state we got,,,look into how thier economy is,,America is carrying them. ex parte' anyone else ever heard of such a bullshit reference? They fucked up ruby ridge, the fucked up the davidians,,it;'s the consitution next. P.S. where's Obama in this? Send the ATF to Detroit.Make them work for thier money,insurance and pensions that middle America no longer has.

  5. SkivMarine says:

    We went to war in 1775 over this sort of thing.

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