JSD Supply Argues For Preliminary Injunction Against ATF

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PITTSBURGH, PA -(Ammoland.com)- JSD Supply argued for a preliminary injunction against the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in a federal court today.

JSD Supply sued the ATF after the Bureau issued the company a cease-and-desist order demanding that it stop selling parts and kits on its website. The government insisted that selling unfinished firearms frames and parts constituted selling unserialized firearms without a federal firearms license (FFL), even if the customer purchased the items separately. The ATF called this “structuring.”

JSD Supply owner, Jordan Vinroe, pulled down the company’s website out of an abundance of caution. Mr. Vinroe contacted Gun Owners of America (GOA) and retained GOA’s Chief Legal Counsel, Robert Olson, to represent the company. Mr. Olson called the Special Agent in Charge (SAIC) to get answers as to what the ATF believed JSD Supply could and couldn’t sell on their site.

However, instead of the SAIC calling back as promised in the cease-and-desist order, ATF Associate Chief Counsel Jeffrey Cohen and ATF Philadelphia field office Counsel Regina Drayton returned Mr. Olson’s call. On the call, the two government lawyers would not say what the company could do to be in compliance with the cease-and-desist order. The lawyers said they were not subject matter experts but said JSD Supply needed to comply with Final Rule 2021R-05F.

The new rule is not due to go into effect until August 24th. The cease-and-desist order specifically said it was independent of the new regulation surrounding privately manufactured firearms (PMF). The two ATF lawyers contradicted the letter. This early enforcement of the rule is one of the reasons that JSD Supply filed a federal lawsuit against the ATF.

Mr. Olson sent a follow-up letter to the ATF lawyers asking once more to clarify exactly what the letter was asking of JSD Supply. The ATF did not respond to the request. This inaction led the company to request a temporary restraining order (TRO) against the ATF imposing the cease-and-desist order. That request was denied, but the judge did schedule a hearing for a preliminary injunction against the ATF.

During the hearing, it was brought up that there was at least one other cease-and-desist served to another retailer of 80% firearms kits. That retailer was KM Tactical. The ATF purchased a Polymer80 kit from the site. After the ATF examined the Polymer80, it determined it to be a firearm and served KM Tactical with a cease-and-desist order. Mr. Olson argued that this showed that the ATF was applying the new rule several months before it was scheduled to go into effect.

The ATF could be trying to enforce the new rule early to shut down the unfinished frame industry before legal challenges to the new regulation could be heard in court. Division80, a company formed in Texas, has already filed a lawsuit over the new rule with GOA, Firearms Policy Coalition (FPC), and Second Amendment Foundation (SAF), preparing their legal challenges.

To get a court to issue a preliminary injunction, the case must meet specific criteria. The first is that the cease-and-desist causes irreparable harm. JSD Supply had to close its business while fighting the case, putting the whole company in danger of shutting down. The second is that the plaintiff is likely to succeed in the case.

The decision on the preliminary injunction is expected within a week. JSD Supply has vowed to keep fighting against ATF overreach and will seek a permanent injunction against the ATF’s cease-and-desist order. The court battle will be expensive even with GOA’s help. A defense fund has been set up to help JSD Supply pay legal bills and other expenses. Mr. Vinroe has vowed to donate any unused funds to a pro-gun organization.

The legal defense fund can be found at https://www.standwithjsd.com


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.

John Crump

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Dogma Factor

If there is no requirement to fill out a 4473 at the time of sale then no firearm(s) were sold per 18 USC chapter 44. JDS as well may other vendors have letters issued by the ATF stating that the 80% products their selling do not constitute a receiver (firearm) this no requirement for a FFL nor form 4473. The ATF is overstepping at the bequest of Biden’s DOJ.

swmft

more and more the federal government is showing it is time to dump all mid and upper level bureaucrats and many complete departments like atf fbi

Son of Waylon

AFT needs to be shut down, they try to go after all of us……aye aye aye….

Laddyboy

OH! WOW! The ILLEGALLY INSTITUTED atf is trying to make LAWS —– AGAIN! I state the atf IS ILLEGAL due to being formed by a director in the irs! CONGRESS did not initiate the atf bureaucracy! CONGRESS IS the ONLY BODY in OUR AMERICAN GOVERNMENT that CAN MAKE — OR CHANGE LAWS!! THUS, the ILLEGAL BUREAUCRACY of the “atf” must be BANISHED, DELETED, DISSOLVED, REMOVED and ALL of the “rules, regulations and guidelines” made by them MUST be REMOVED from ALL LAW ENFORCEMENT AGENCIES!!!
Time to STOP this ILLEGAL “atf” bureaucracy which is ACTING UNDER THE COLOR OF LAW!

TexDad

So this argument fails in court, because laws and regulations are two different things. There probably needs to be an episode of The Legal Brief explaining the difference, but we don’t have that show anymore. Regulations are usually restricted to industry and individuals that are taking actions that typically fall under regulated industry, like making batches of firearms for profit. Often they are written to implement specifics after Congress passes a broad and vague law like the Pure Food and Drug Act, or in this case the Gun Control Act. They are not made by Congress at all, but by… Read more »

Wild Bill

Spot on.

GeniusJoe

Donate people, for F’s sake – this matters!

Boz

l wiII donate Iead, but not $.