ATF can make things up as they go. Obama does.
We have an entire federal bureaucracy that just makes up laws as they go.
I have seen the Ares unfinished AR-15 receivers. It is made of polymer with the void spaces for the trigger/safety filled with another color polymer. The customer simply drill out most of the filler plastic, and when sufficiently thinned out simply use a plyer to pull the filler plastic out yielding a reasonably machined void space. The filling that plugs the bottom trigger slot will pull out when the filler plastic rennants is pulled. The customer simply drill out the pin holes to complete the receiver. I think the ATF will contend that the receiver is more then 80 percent complete because the void space for the trigger/safety was already complete and filled with another polymer plastic. It is no different then someone completing most of an aluminum receiver and filling the void space with wax and claim the receiver is 80 percent complete. Problem for ATF is did they approve the polymer design for sale to public. Possible that they reviewed the approved product and changed their minds. That has happen before and the manufacturer does not get a refund for the products made and sold before the ATF changed their minds on their own approval.
BATFE did not violate the restraining order. They legally got clarification that they could proceed before they served the search warrant.
The big question that they never inform the judge about is whether the items in question are legally defined as guns or not.
BATFE simply says that they are, when it is *the* major point of contention.
http://www.scribd.com/doc/212487675/DOJ-Response-Ares-Armor