Posted on 03/18/2014 6:04:02 AM PDT by aragorn
The Bureau of Alcohol, Tobacco Firearms and Explosives filed a motion Monday morning in the United States District Court, Southern District of California, in opposition to Ares Armor’s motion for temporary restraining order, adding to a developing story that unfolded dramatically over the weekend with raids on the gun parts distributor’s facilities. The initial TRO was ordered last Tuesday.
The government justifies its position claiming they are “conducting a lawful criminal investigation of the illegal manufacture, distribution, sale and possession of AK-15 [sic] variant lower receivers, which are considered firearms under the Firearms Control Act...”
Such an assumption is not backed by a ruling or determination that so-called “80 percent receivers,” heretofore acknowledged by ATF not to be firearms, are now considered unregistered guns. The Ares Armor complaint for deprivation of civil rights, declaratory and injunctive relief documented, “machining operations that cannot be performed,” and the EP Armory lowers in question appear compliant (see photo accompanying this column).
(Excerpt) Read more at examiner.com ...
Didin’t we get a post yesterday that ATF raided the location rather than wait for the TRO?
Isn’t this a little like the cops kicking in your door, ransacking your place and grabbing your laptop and papers...and then asking the judge for a warrant?
nice move... Sieze the records THEN file an opposition motion...
It does not matter what they do now, the ATF has the data.
Order them to destroy their copy? “Um.. yeah, sure we’ll destroy it” *wink*
Yes. ATF raided Ares Armor on Saturday. A totally illegal act. They don't care....
The House GOP should have defunded ATF in the wake of Fast and Furious.
The motion was filed before the raid. The questionable part is that they baldly state, in the first sentence, I believe, that the lowers in question are “illegal guns”.
As whether they are or not is the crux of the entire matter, it is disengeneous of them to make the claim to the judge.
Essentially they are saying “This guy is breaking the law, because we say he is breaking the law, and we simply won’t mention that we told him he wasn’t breaking the law last year. We changed our minds, and the judge doesn’t need to know that.”
ABOLISH THE ATF BECAUSE:
Alcohol is legal- it ain`t prohibition 80 years already
Tobacco is legal- since 1607
Firearms are a right `
Let`s get rid of this goddam f``ing jerk cOmmUNIST agency once and for all!
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The House GOP should have defunded ATF in the wake of Fast and Furious.
The House GOP should have refunded the ATF following the disaster at Waco.
Definitely. The ATF has long been an anti-freedom disaster, as are most of Washington’s alphabet agencies.
Thanks for the discussion.
BATFE should be the name of a convenience store in WV, not a gubmint department.
We should abolish BATFE and repeal most laws in that area. That includes repealing federal alcohol and tobacco taxes, repealing the restrictions on fully automatic, short barreled, silencers/suppressors, and other infringements on our right to keep and bear arms, and repealing all federal background check laws. If a felon isn’t safe to release into a world where he can legally own firearms, he’s not going to behave even if it’s illegal for him to own firearms; firearms laws are ineffective against violent criminals and such predators should stay in prison.
Let us just say that the reply I got suggested that he did not take me seriously...
I wish ATF put this much effort into recovering the
FAST AND FURIOUS weapons they illegally sent to Mexico narcotrafficantes and that have killed 2 US agents and over 300 Mexican Citizens..oh and not one US official has been prosecuted for F&F.
truly the us is upside down
The ATF has no definition of what 80% actually means. They can change it anytime they like. For ARES to get approved to sell their lowers someonw atthe ATF had to approve the design.
Incrementalism. We should repeal just the part about silencers, which is a dumb law even by liberal standards. Then we should repeal the short barrel rifle/shotgun laws, which are silly because pistols are already concealable, so there is no point in banning weapons that are less easy to conceal.
Throw in one dead dog, and you are just about spot on.
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