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If you want a good look at the way the ATF is operating under the Biden-Harris administration, there’s no better example than how the federal firearms regulatory agency is conducting business now that they’ve officially “redefined” the legal definition of a firearm. The sub-rosa motivation behind putting the new rule in place, which doesn’t officially go into effect until August, is to shut down as much of the online gun parts business as possible.

You can read the ATF’s summary of the new rule here.

You may remember that ATF agents raided Polymer80 back in December of 2020, alleging that selling complete build kits is the equivalent of selling firearms without a license. Now, with the new rule under their belt and set to go into effect in a few months, the agency is stepping things up.

As our friends at Ammoland report the ATF served Pennsylvania-based 80% frame retailer JSD Supply with a vaguely worded cease and desist order last week, “demanding the company stop selling unfinished frames and firearm parts.” In other words, the ATF moved to shut them down.

JSD attempted to get the ATF to clarify exactly how they’d allegedly violated the law. The novel theory they were given that the ATF is now using is that a retailer selling all of the parts needed to build a firearm is basically the same as selling firearms.

The ATF claimed that by selling these parts, the company was selling unserialized firearms by “structuring” the purchases. JSD Supply did not sell complete kits, but the Bureau said if someone bought an 80% frame and then bought another part from the company in the future that the company would be guilty of selling guns without a federal firearms license (FFL).

Ammoland reports that another parts company had been served a similar cease and desist order.

JSD’s attorney attempted to get a straight answer out of the ATF as to what JSD could do to comply with their current arbitrary, opaque interpretation of firearms regulations and stay in business.

Again from Ammoland . . .

The ATF would not clarify what the company was allowed to sell, although the ATF did state that taking several parts off of the website would not be enough to satisfy the ATF since the parts are “easily available.” When asked if the company could still sell parts and take down the 80% kits, the ATF refused to say if that would comply with the cease-and-desist order.

Why did the ATF refuse? Because that’s how they roll, and have for years.

The agency actively avoids giving out guidance or clarification on how to stay in compliance with the laws they enforce because that might limit what they can do down the road. Instead, they treat each case as separate, stick their finger in the political winds, and do anything they damn well please whenever they choose to do it. Don’t like it? Sue them.

In response to the ATF’s non-answers, JSD Supply has filed for a restraining order to stop the agency from issuing and enforcing such cease and desist orders.

JSD Supply’s legal team claims that the ATF does not have the authority to arbitrarily shut down the company by using a vague cease-and-desist letter. They also claim that the ATF does not have the power to issue a cease-and-desist order over the selling of unfinished frames. The legal team asks the courts to block the ATF from enforcing the cease-and-desist order.

Read the full report from Ammoland here including JSD’s complaint and request for relief from the court.

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38 COMMENTS

  1. “Stick their finger in the political wind.” We all know which direction that’s blowing from. Straight from Hell.

  2. Congress needs to do actual budget appropriations again instead of the continuing resolutions that have been done over the past 14 years and cut off money to the ATF completely.

  3. One way or the other they’re GONNA do it! It wasn’t a secret, after the last election, one of their top priorities was to disarm the American people. I mean, you can’t enslave an armed populace!!

  4. One of my friends told me he purchased some more P80 frames from JSD Supply literally days before this incident happened and the cease-and-desist was served. I wish I had been able to get some, too, but unfortunately L.A. County prohibits sales, regardless that they’re not legally firearms.

    • My FFL has some handgun and AR 80% in stock. Hats off to DIYs who wish to venture into completing an 80 but we put enough time already into serialized receivers. Finished Anderson stripped serialized receiver $60.00. Anderson 80% with the jig is much higher. What cost is the $110 excellent quality Aero M4E1 threaded upper. Those fit most Anderson lowers very well. Only downside is grinding the upper receiver vice clamp to fit the Aero contours. As far as a handgun goes it costs much less to purchase a comparable serialized than it would to complete an 80.

      • Yes, but consider that you’re paying a premium for privacy and staying off the (unconstitutional) FFL/ATF books. That’s worthwhile, IMHO.

        • The unfinished thangs allow for unique imagination.
          And anonymity…that’s why they cost more.

  5. In November the head of the snake starts to come off providing the vote to flush democRats is overwhelming as it should be. Sad to say some gun owning blabbermouths talk the talk but when it comes to showing up to vote they are missing in action. Such individuals need to know ahead of time…It’s either vote of there’s the door.

    • Nah, possum, Reno is MUCH more butch than Dettleback. He actually looks effeminate. Had a middle linebacker on my high school football team that looked like Reno, but not as butch.

  6. The suit should be interesting, as it will force a determination of the ATF’s authority–or lack thereof–to regulate 80% firearms. As specified in the application for a TRO, for years the ATF has said that they are not firearms, until Old Joe came along and wants to ban them. But the definition of firearm is set by statute, not by regulation, and a regulation that exceeds the scope of the authorizing statute is invalid. The only reason we are going through this rigamarole is that the Democrats do not have the votes in Congress to change the statutory definition.

    • You assume that some Obama judge somewhere will not dismiss the suit with prejudice. I have no faith in out legal system.

  7. Evil never rests. Tyrants never rest. Government never rests in the quest to subjugate anyone within its jurisdiction.

    Could be this ATF letter (and actions) become small potatoes compared to the new national firearms legislation requiring each gun purchase undergo formal training, purchase the firearm within 10 days from permit slip issuance by the US Attorney General. Each new firearm purchase will require the same vetting and permission process, good for five years from date of permit issuance.

    At the moment, the new gun control legislation is merely “introduced”; ATF is the instant threat. Well, actually, the federal government is always the instant threat…which is why the US Constitution was written and ratified. The only way to slow government’s appetite for power is to politically destroy opposition parties; render them as relevant as the current Whig party.

    • Let’s wait and see how a ‘Strict Scrutiny’ ruling impacts such shenanigans…

  8. There was nothing vague about the ATF order. The dealers are NOT allowed to sell frames without serial numbers on them that must in turn go through an f.f.L. dealer. It cannot get any plainer than that.

    • Except JSD never sold frames without serial numbers on them, they sold unfinished parts not required to have serial numbers on them. The ATF then unilaterally changed the definition of the law, bypassing the representative legislative process to make those unfinished parts “firearms” anyway. However, that law change doesn’t go into effect until August, yet they openly admitted they are enforcing it now – after initially denying that this cease & desist letter had anything to do with that law change. JSD even specifically asked about removing the unfinished parts you’re concerned about from their website, but the ATF refused to say whether that would put them in compliance. Can’t get any less plain than that.

      Even you must admit that an unelected bureaucracy changing the law at its whim and refusing to give clear instructions on where the line between legal and illegal is represents a serious problem. Point me to another situation NOT related to firearms where the government can behave this way too the citizens where it’s okay.

      • You waste bandwidth trying to argue with Dacian. He’s a paid troll from the democrats. He undoubtedly gets a hefty sum each time he posts here. Ignore him.

  9. “straight answer out of the ATF” – when rainbows shoot out of the butt of flying unicorns while it is being ridden by bigfoot

  10. Seems like an excellent case for a finding of arbitrary and capricious given the refusal to clarify. The ATF is acting like NY and CA- imposing ridiculous and useless fiats and then there will be shock (shocked!) if the courts shut them down.

    • Why I’m hoping we hear ‘Strict Scrutiny’ from the high court soon…

  11. I hope the Supreme Court moves to nuke Chevron from orbit one day. It’s the only way to be sure.

  12. That’s why I say we have no hope for change except by force. This country has been taken over by corrupt politicians for over 45 years. Everyone one that in government from the past 45 years has baggage. They all need to be put on trial and investigated.i do home work ….. 𝐰𝐨𝐫𝐤𝐬𝐜𝐥𝐢𝐜𝐤.𝐜𝐨𝐦

  13. How is it, I’ve long wondered is it that the decrees of a tin pot bureaucracy, the ATF/BATFE become the law of the land. Would someone care to explain.

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