U.S.A. –-(Ammoland.com)-The ATF’s affidavit to obtain the search warrant (embedded below) against Polymer80 confirms the raid’s target was the company’s “Build, Buy, Shoot” kits. The affidavit also says Polymer80 did not supply the customer list that the ATF used in its investigation.
The ATF obtained the information about the customers from two sources that the agency subpoenaed. The first source was Stamps.com. (see the page marked “36” of the ATF Warrant embedded below) Stamps.com turned over the shipping information of Polymer80 customers to the ATF when the agency served them the subpoena. Polymer80’s credit card processing company, Authorize.net, also turned over credit card information to the ATF.
The ATF then ran the customers through the FBI NCIC system to see if those who made purchases were prohibited from buying firearms. Customer records obtained by the ATF were for purchases made between January 1st, 2019 and June 4th, 2020.
The ATF found that there was a total of 9100 purchases from California and 51,000 purchases nationwide. Of these purchases, the company sold 1490 ‘Buy, Build, Shoot” nationwide. Customers in California purchased 202 of the kits. One California man purchased $22,000 worth of Polymer80 products within two months. The ATF is assuming that the man in question is selling the guns on the black market.
The ATF Warrant also points to a couple of kits that the agency determined someone shipped overseas. According to the agency, shipping the 80% frame overseas is a violation of “The Arms Export Control Act.” ATF Special Agent Tolliver Hart said that he used his experience to determine that international arms traffickers use the internet to acquire firearms and firearm parts. The ATF used these two cases to justify the raid further.
ATF Warrant to Raid Polymer 80 12-2020
Another justification the ATF gave for the raid is that 18-year old adults have purchased products from Polymer80. It is not illegal in most states for an 18-year-old to buy a pistol. The ATF artificially raises the age to buy a pistol by demanding a gun shop customer be 21 to buy a handgun.
The ATF claims that Polymer80 posted a video to its Instagram account showing someone stating that you don’t have to go through a background check to buy an 80% frame. This statement was and still is true. By law, 80% frames are chunks of plastic still, not handguns.
It seems like the ATF wants Polymer80 to market its frames as firearms, which could muddy the waters even further.
Also, in the affidavit, it is mentioned that in 2018 that Polymer submitted the kit to the ATF that included the jig, locking block, and drill bits for approval. The ATF appears to have approved that kit, but for some reason, believes that the inclusion of a lower parts kit somehow changes the property of the product, making it a firearm. If the company didn’t include the lower parts kit in the package, then it appears that the ATF would have had to produce another reason to raid the company.
The document does confirm that Polymer80 did go above and beyond its legal responsibility by asking customer 4473 “like” questions before allowing them to check out.
If a customer did not check the box, they would not be able to purchase products from Polymer80. California and the federal government have a history of believing that criminals obey signs and warnings, so this should reassure them that the company was doing everything in their power to prevent the 80% frames from falling into the wrong hands.
The documents show that the ATF case against Polymer80 was built on circumstantial evidence. Many believe the real reason for the raid was to get more customer information. In our opinion Polymer 80 and their customer’s got ratted-out to ATF by Stamps.com and Authorize.net. Let this be a lesson to the firearms industry be careful who you do business with.
About John Crump
John is a NRA instructor and a constitutional activist. John has written about firearms, interviewed people of all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons and can be followed on Twitter at @crumpyss, or at www.crumpy.com.
One point never mentioned in this article is HOW did the feds get a subpoena for the customer records in the first place. Clearly the intention was to find buyers who were prohibited persons. Which they then used to justify raiding Poly80. But all of that rests on their claim that the product was a firearm not merely a ‘hunk of plastic’ — there has to be “probable cause” to believe a crime has been committed before law enforcement is supposed to be allowed to get a subpoena, otherwise it is just a fishing expedition. The information or material subpoenaed… Read more »
I have figured for years that we no longer have protection under the 4th amendment for our privacy. The minute someone buys a red dot sight, a stock, a case of ammo, a scope or any other firearm related purchase over the internet, there is a paper trail that shows that you are the owner of, for instance a 9mm if you purchased a 9mm barrel or a case of 9mm ammo. It STINKS. THEY have no business in our business. PERIOD. But in the meanwhile a data base of firearms owners is being put together. One person I know… Read more »
Good spot, wings level, cleared hot. ATF will delve in to definitions to entrap the unsuspecting. In this case they have determined that the collections of parts are complete and only require assembly. Now, you may eventually win this battle in court. But it is going to cost you 8 years of legal battles up to the USSC and a quarter of a million dollars. The gummint knows that. That is how they win. Bottom line, GCA 1968 and 1936 unconstitutional. Uninfringed.
???
The laws don’t apply to them!!!
Can you explain how the “fbi” ran the names through a NICS file system which LEGALLY IS FORBIDEN TO EXIST!!!! If I remember correctly, all identifying information MUST be DESTROYED after a very short time period.