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.

Air Force Academy cadets revolting over Bible passage removal

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.

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About Michael Dorstewitz

Mike has been with BizPac Review almost from the beginning. Follow him on Twitter at @MikeBPR.

  • Geo Garcia

    should have had the county sheriff sitting there waiting to arrest all of the ATF agents when they broke into the place of business

    • Abunchofbullshit

      Totally with you, unfortunately this was southern cal, so we know where there police stand!!

    • tinynot

      location is the key, them BASTARDS knew they would get away with it, this BS they used, using the judicial system, is just that. the JUDGE that issued [the ex parte order] should be in JAIL with the ATF jokers! that type of order is good in a commie society, not here! its a tool of a COMMIE gov. to use!

      • Bill Corless

        judges are immune from prosecution, instead take the person who swore on the affidavit, and arrest that person for making false statements. 80% lowers are not firearms under the firearm control act, and therefore the basis for the raid was a lie.

    • randy harrison

      Absolutely right. In the county where live the sheriff has stated things like this weren’t going to happen in his term of office..

      • Rick

        what county do you live in?

        • randy harrison

          Chester county pa

          • HonestToAtee

            Is that the Sheriff who made those youtubes of Pelosi? If it is he was suspended I thought.

          • randy harrison

            It was a not a political statement. It was purely about a law abiding citizens rights.

          • HonestToAtee

            Don’t get me wrong I loved that guys 2A vids, loved the dummy he chose as his target especially.

          • kgolfinghawaii

            How do you suspend a county sheriff? They are elected not appointed.

    • darpot

      Higher ups at BATF should have already relieved those involved of their duties and arrested them for violating Federal Judges order.
      The F.B.I. should have swarmed all over the BATF office involved.
      Since neither has happened, it shows both Bureau’s disrespect for our Laws.

    • https://plus.google.com/u/0/105261762884252609022/about/p/pub Bruce Michael Anderson

      Agreed , the Sheriff would have had the right to secure the point of the pre-set civil matter, the federal warrant was out of Jurisdictional context , I think the Store would have good chance in filing suit with violations of posses comitatus statutes for unjust interferences in civil matters, ATF and the DOJ
      seems to be wrong here, The ATF is a Federal Active forms Historically of the Militia and or Military

    • jr023

      the gun store did not have notice of the warrant they got the order in secret and showed up, no time to get the sheriff involved ahead of the raid

      • Sam Spade

        Too bad it wasn’t Indiana where the bastards could have been legally shot for breaking and entering without a warrant and failure to announce etc.

    • Matthew Whited

      See, in a free country you could legally shoot those stealing your property. such as everyone of these criminal ATF agents. sad part is these guys will never be held criminally liable. The most that might occur is the taxpayers being sued.

      • Jerry S

        Sadly, the USSA is no longer a free country.

  • Jeff Roland

    No one was arrested, but the ATF will accomplish what was intended, to put them out of business. without a huge donor the store will go bankrupt trying to fight the US Government on this even though a legal sales of parts by definition.

    • Lawman561

      Their best move would be to pack up shop and move out of California, taking their best workers with them and opening up in a 2nd Amendment friendly state.

      • Tim Wilson

        I get what you are saying but I think people forget how many guns are actually owned and sold in California. You would be surprised. Sig stated California accounts for nearly 40 percent of there sales.

        • Lawman561

          Interesting stat I wasn’t aware of. Then alternatively there needs to be a massive civil disobedience to make even Sacrilegious I mean Sacramento take notice, or they’re going to pick off everyone piecemeal until they can round up the dissenters.

          • kgolfinghawaii

            Look the cops are part of the problem especially federal. They just go along with illegal orders now a days. Their paychecks rest on their bosses keeping them employed. I am an ex cop and things didn’t used to be like this. Now a days it is just plain scary what they do in the name of law enforcement.

      • Aldo1887

        But if they get away with it in Ca, then it sets a precedent for them to do it in every other state,, eventually.. If you had of told me, 15 years ago, the laws that passed the legislature last session, I would have laughed at you for being paranoid. So don’t get all comfortable because you think you live in “safe” state, stop this now or you will be next, sooner or later.

        • Lawman561

          Agreed.

    • Tim Wilson

      They are still in business. Best thing one can do is go there and buy or visit there webpage and buy, buy, buy. https://aresarmor.com/

      • Aldo1887

        Pay cash…

  • Kenneth Clark

    First Connecticut now Southern California. People we are charged by our Constitution of the United States of America to stop this insanity. This government and it’s agencies lie to liberal courts at will to further their agendas against the law abiding citizen’s rights and freedoms at will and with impunity. Simply put, it is nothing short of tyrannical. This is what happens when good people fail to stand and make change as our Constitution demands of us in order to remain a free people. What will you as an individual do to recover your freedoms and rights?

  • coastx

    TAU 3 SIM: 1 straw man humanitarian mission (alleged violation of the Firearms Control Act), 2) Interposition agent provocateur (Waxman, ATF, Judge) and 3) MERC criminalization of law abiding citizens and confirmation of ANY LOW IQ perp motivated to usurp and victimize the public. You have to recall Waxman and the judge. Both are AIPAC/JSI promoted administrations. AND THINK INSTEAD OF VOTING YOUR “FEELINGS” FROM NOW ON.

  • kidd

    This needs to go to court, over and over until the Ares store wins. The ex parte order had nothing to do with the initial issue (the customer list). Hopefully, the NRA and some other entities can get some donations to help this company fight these scumbags. Then the company can move to Texas or Oklahoma, etc.

    • CORedleg

      They will never win as long as Holder is running the DOJ. Ares will go bankrupt before this ever sees a court room.

      • Carlos Aguiar

        Holder should be in prison, if for nothing else, his involvement in fast and furious. We all know there is soo much more. Atf should be his cell mates for the murder. If the alphabet agencies cannot follow the laws they should be held accountable.!

    • Thom Paine

      Please ,Please, Please Move to N.M. !!! We have better gun laws than Texas! (Though not as good as Arizona) (Yet) ,And we need more rural /constitutional voters to throw the cultural marxist scum out of their “ivory” tower in Santa Fe!!! PLUS our taxes are lower than AZ’s and we grow the best green Chiles in the world. :-) P.S. No Obamabot fanclub zombies need apply unless its as walking targets… Oathkeeper 3 per and Veteran all the way. “This we will defend”

      • Brian Robinson

        The only problem is you police violate your rights. Would hate to get pulled over in your state. Afew that have were taken to the hospital and violated! No thanks!

  • patriot

    I have been preaching the peaceful approach to all this by allowing the election process the opportunity to correct all this madness, but I will now have to change my mind and say perhaps it is time to use a more hands on approach. People lets rally together, quit complaining and take our Country back!

  • darpot

    Why hasn’t Federal Judge who issued the restraining order, ordered arrest of BATF agents involved, including their supervisors, in Illegal raid?

    Those BATF personnel should now be behind bars, awaiting their Bail hearings.

    If our Laws do not apply to BATF, then our Laws do not apply to We the People.

  • Syrakelly
  • A.c. Volper

    SEIGH HEIL

  • Fedos

    Glad to see the ATF taking down these scumbag criminals.

    • Charlie D Evans Jr.

      ATF are the scumbag criminals.

    • yankg

      Criminals??? All they do is make parts which are all legal.

    • Dan Nowotarski

      Your quick to call one a scumbag criminal, please enlighten us of any evidence you seem to have showing Ares Armor is not above board.

    • CORedleg

      Troll alert!!