PITTSBURGH, PA -(Ammoland.com)- JSD Supply has filed for a Temporary Restraining Order (TRO) (embedded below) against the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) in the Western District of Pennsylvania.
Last Thursday, May 12, 2022, the ATF served JSD Supply a cease-and-desist order demanding the company stop selling unfinished frames and firearm parts.
The ATF claimed that by selling these parts, the company was selling unserialized firearms by “structuring” the purchases. JSD Supply did not sell complete kits, but the Bureau said if someone bought an 80% frame and then bought another part from the company in the future that the company would be guilty of selling guns without a federal firearms license (FFL).
JSD Supply pulled down its website out of an abundance of caution and contacted its attorney, Rob Olson. Mr. Olson is the lawyer of note in the federal bump stock case the US Supreme Court is considering taking up and as Chief Legal Counsel for Gun Owners of America (GOA). Mr. Olson reached out to the ATF to get clarity on what they can and can’t sell on their website.
ATF Associate Chief Counsel Jeffrey Cohen and ATF Philadelphia field office Counsel Regina Drayton returned Mr. Olson’s call the next day. Mr. Olson pointed to the vagueness of the letter and how the letter reference complete kits that JSD Supply did not sell.
Two years earlier, Polymer80 and other companies were visited by the ATF for selling “buy, build, shoot” kits. The ATF considered those items to be firearms.
The ATF would not clarify what the company was allowed to sell, although the ATF did state that taking several parts off of the website would not be enough to satisfy the ATF since the parts are “easily available.” When asked if the company could still sell parts and take down the 80% kits, the ATF refused to say if that would comply with the cease-and-desist order.
The ATF lawyers seem to contradict the cease-and-desist order and could offer no clear answer.
The ATF told Mr. Olson to rely on ATF Final Rule 2021R-05F for guidance in the matter. That rule does not go into effect until August. Moreover, the cease-and-desist letter says that the ATF conclusion was independent of the new privately manufactured firearms (PFM) rule.
While trying to work with the ATF to figure out what they could sell until the company could challenge the ATF in federal court, it came to the attention of everyone involved that another seller was served with a similar cease-and-desist order. The JSD Supply legal team decided the best bet was to file for a temporary restraining order (TRO) in the Western Direct of Pennsylvania against the ATF to block the restraining order.
JSD Supply’s legal team claims that the ATF does not have the authority to arbitrarily shut down the company by using a vague cease-and-desist letter. They also claim that the ATF does not have the power to issue a cease-and-desist order over the selling of unfinished frames. The legal team asks the courts to block the ATF from enforcing the cease-and-desist order.
Donations to the JSD Supply Legal Fund can be made at: www.givesendgo.com/jsd
JSD Supply Files Temporary Restraining Order Against ATF May 2022
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.