ATF Raids Ares Armor Over Plastic Parts

[Windwalker]

Why Did the Obama ATF Raid This Gun Parts Store?
March 17, 2014 By Greg Campbell

Last week, TPNN reported that the ATF was demanding that the owner of a gun parts store in California turn over the names of 5,000 customers who bought parts for their AR-15s. The store owner, Dimitri Karras, a former Marine, refused the demand and sought a restraining order to keep the ATF from the records.
 
However, on Saturday the ATF raided the gun parts store and confiscated computers and other assorted inventory. It’s also been reported that customers who left the establishment have been harassed in the days leading up to the raid with plainclothes officers asking about the nature of the business each customer had with Ares Armor.
 
The ATF raiders stormed the establishment with automatic weapons drawn and full body armor and rooted through the entire establishment, even cracking open the store’s safe.
 
Though the store was granted a restraining order, it has been reported that Federal Judge Janis L. Sammartino soon bowed to political pressures and modified her original restraining order to allow the ATF to conduct a raid on Ares Armor and collect the information on thousands of law-abiding customers.
 
The raid on Ares Armor had been captured on video by patriots and has been shared on YouTube. The ATF also took pictures of the protesters that had accumulated outside the store.
 
The heavy-handedness of the ATF should serve as a terrifying illustration of tyrannical government to all patriots. The Second Amendment is more than a privilege, it is a guaranteed right that is irrevocable by government thugs.


Despite Restraining Order, ATF Raids Ares Armor Over Plastic Parts

http://townhall.com/tipsheet/katiepavlich/2014/03/17/despite-restraining-order-atf-raids-ares-armory-over-plastic-parts-n1810321
 Mar 17, 2014
Last week Ares Armor, a company that sells firearms parts in San Diego, obtained a restraining order against the Bureau of Alcohol, Tobacco and Firearms. The restraining order was approved by Federal Judge Janis L. Sammartino and a federal raid of the business was prevented. ATF planned on raiding the company in order to gain access to a list containing more than 5,000 customer names. The customers on the list had purchased a plastic or polymer lower receiver from EP Armory, a part that is used to build rifles legally at home. The metal version of the receiver is legal due to being stamped with a serial number.

ATF and DOJ argue the plastic versions of the receivers are illegal because they don't have serial numbers, even though they are the exact same part simply made of different materials. In this case ATF considers receivers firearms, not simply firearm's parts. In past cases and situations, ATF has determined these parts are not firearms.

Here is DOJ's argument: Plaintiff Lycurgan Inc, dba Ares Armor (“Ares Armor”) is part of ATF’s investigation because it is in possession of approximately 6,000 of these unserialized AR-15 lower receivers. Further, Ares Armor is not a federal firearms licensee, so it cannot legally engage in the business of dealing in these firearms, let alone ones that do not bear the required manufacturer’s mark and serial number.

Over the weekend and under pressure from the Department of Justice Judge Sammartino reversed the restraining order and heavily armed ATF agents raided the company in full tactical gear. Most of the raid was caught on video and ATF confiscated materials (plastic receivers) and the customer list Ares Armor was trying to protect. Before the raid, undercover and plain clothed ATF agents were reportedly questioning customers outside of the store.

Ares Armor Raid National City, Ca
(the break-in video) 3/15/14 EXCLUSIVE VIDEO Ares Armor building breach in National City, Ca

Ares Armor Raid National City, Ca

Ares Armor Raid 3/15/14
EXCLUSIVE STILLS, Ares Armor SEARCH & SEIZURE in National City, Ca

Watch as ATF unit searches & seizes CUSTOMER INFORMATION and more.
Notice the ATF PHOTOGRAPHING US, notice also the ATF agent standing ominously with rile staring us down as though we are a threat while they load items seized.

Ares Armor Raid 3/15/14

Ares Armor is in for a long court battle and ATF now has the names of thousands of people who have purchased plastic receivers. People on that list should prepare themselves for a knock on their doors, too. More on that from Bob Owens over at BearingArms.

If you have purchased an 80% lower receiver from a storefront location or over the Internet from any vendor, I think it is safe to assume that the federal government either has your customer data, or is in the process of trying to obtain your customer data. If you want a truly anonymous 80% lower, pay cash via a private sale, the same as you would with a serialized firearm.

[Lucky1]

Thanks for the detailed post. 

[Atroxus]

Maybe I am confused....isn't it illegal to for a business to sell AR lowers without an FFL? And isn't it also illegal regardless of whether you have an FFL, to sell an AR lower with no serial number? 

[Crunchy]

Maybe I am confused....isn't it illegal to for a business to sell AR lowers without an FFL? And isn't it also illegal regardless of whether you have an FFL, to sell an AR lower with no serial number? 

Ya i dont get it?  Follow the rules or pay the price.  They had to know this was coming.

[Ice Cap]

80% is the key
The lowers that were sold were only 80% complete therefore they are not yet considered a firearm and don't require a serial number of any kind.

[Atroxus]

80% is the key
The lowers that were sold were only 80% complete therefore they are not yet considered a firearm and don't require a serial number of any kind.

Oh...so for 80% lowers does that also mean no FFL required to sell them?

[Ice Cap]

No FFL is correct for 80% lowers

[snowpack]

80% is the key
The lowers that were sold were only 80% complete therefore they are not yet considered a firearm and don't require a serial number of any kind.

I've been reading about this trying to figure out what the ATF is so focused on.  They say 80% is the limit (the ATF's own rules).  If less than 80% it is not even considered a part for a firearm, just a piece of material.  But these 80% lowers were built 100% with plastic and then 20% backfilled with a different color in plastic?  Or the 20% set first and the rest molded over it?  Have I been reading it all correctly?  ATF doesn't seem to have a problem with the metallic receivers, but these they do.  Instead of needing machining equipment and jigs, simpler tools can be used to get back to 100%, just remove the certain color.  But they still arrive at the store and leave the store at 80%, so no ATF rules were broken.  What have I been missing?

[Atroxus]

From what I can tell they are creating polymer plugs that match the dimensions of material that would have to be removed from an 80% lower, then forming/molding the rest of the lower receiver around those plugs. In essence they are forming a 100% lower around the parts that need to be removed or machined out. The articles I found are a little unclear as well though, in some places it states the plugs have to be machined out, in others it stated there are tabs built into the plugs that allow their removal. This seems to me to indicate that they might be removable without machining. Either way I think it is clear that they are breaking the law by trying to claim that building a 100% lower around a few plugs that can be easily removed is the same as building a true 80% lower.

[Windwalker]

The main jest of posting this article was- as most are full aware- caution.

BATF and associates giddy delight with confiscation sends a condition orange signal to most and if any readers purchased the items in question this is/was a heads up - they may have to contend with a visit.

 BATF appear less interested if the average Joe purchased with good intentions and frankly I doubt its in their job description. Most are probably given a task and pointed to the door. The muckity mucks higher up the food chain will make a determination if those 5000 end users are going to be shafted...the bi product of more raids may be their grandfathers unregistered heirloom and create a spiral into who knows what. The internet smack talk sounded like this was the last straw and were ready to hit the door. If any here don't think that is note worthy- to stay in check - use your best jurisprudence.
Until the worm turns -

 Those unfamiliar with machining a chunk of material into a useable lower- its not rocket science. The 80% lower simply gives users a head start and less fuss. If an Afghan can build guns with rudimentary tools in a mud hut. Any Joe-the-plumber handy with basic tools can whittle away spare hours and create a perfectly legal lower all for themselves out of a chunk of T-6.

This may help explain things- or not. 

http://bearingarms.com/tactical-machining-may-have-accidentally-explained-a-problem-with-the-atf-raid-on-ares-armor/

"In regards to the 80% fiasco at Ares Armor, the legality of 80% receivers, and how you can avoid the ATF knocking on your door for buying an “80% receiver” instead of an 80% receiver."

"It’s not an 80% lower fiasco, it’s a we we’re selling a product that was clearly not an 80% fiasco. ATF considers any dimpling or marking of either the FCG or the hammer / trigger / safety selector as a 100% receiver. The ATF details this in the determination letter they provide you after they have approved your product. Also, the ATF considers the 3D printed lowers EP produced as once a firearm and converted to an “80%” which is a no-no because ATF has proper decommissioning standards. They print the 100% lower then print the FCG section into the 100% lower. A technicality but still “wrong” in the eyes the ATF. This ENTIRE fiasco could have been avoided by the manufacturer receiving a determination letter from the ATF saying that the item isn’t a firearm."

"Tactical Machining has a determination from the ATF stating that our 80% receivers are not firearms. Make sure the manufacturer of your 80% lower has a determination from the ATF or you could end up in the same boat."