JSD Supply Files Temporary Restraining Order Against ATF …as 2nd Co. Issued C&D

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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.

John Crump

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ExGob

The BATFE has long had way yonder too much power and authority, with very little resistance and practically no repercussions. The agency operates as if there is no 2nd amendment to the Constitution. It makes one wonder why there are currently 535 voting members of the United States Congress, plus the VP when necessary, and yet the agency appears to be allowed to enforce it’s decisions without superior sanction. Maybe it isn’t required, but maybe this attempt will encourage more transparency.

StLPro2A

“…..would not be enough to satisfy the ATF since the parts are “easily available.” See where this is going. Buy a single part…..maybe a single generic screw, ATF says you have bought an unserialized firearm as “parts are easily available.” Trust them, they will know a violation when they see it. Tyranny reigns. They continue to do this because we tacitly say “OK. We accept your tyranny. We won’t do anything about it. Carry on.” AS in, not a single shot has been fired in defense of our Freedoms, Liberties, and Rights. The Tree of Liberty is severely parched. Keyboard pounding… Read more »

Last edited 1 month ago by StLPro2A
Dubi Loo

Our forefathers would already be slinging lead.

DDS

Not necessarily.

“all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed.” — Thomas jefferson
Here’s one hint I read (which I would not follow myself 😉 ):

Gear up and go out into the street. If you’re the only one out there, go back inside cuz it ain’t time yet

Wild Bill

Now that is funny!

hippybiker

With attitudes like that, it will never be time. And, that’s what the Parasites bank on! Just saying.

Grigori

Indeed, they bank on that mightily. Sadly, their bets have been correct.

Finnky

They also hope individuals will kit-up and start attempting to abolish tyranny. If only a few show up, government can respond with overwhelming force AND make it look like legitimate law enforcement at the same time. Individuals who survive lose everything to fines and prison – while being painted as the worst – most evil people of all time. An occasional event like that serves as a useful example. Pushes those on the fence into the background and helps entice thrill seekers to join the brown shirts for chance to put down “evil doers”. Stay hidden and (very carefully) network… Read more »

Wild Bill

I have seen several reports of coming wheat and chicken/turkey shortages. We need to gear up for that, too, because they will use food as a weapon.

Last edited 1 month ago by Wild Bill
Oldman

They already are; look at fossil fuels, baby formulas, bird flu, the The New Green Deal, (can’t eat beef or pork cuz they fart,and the fact that they are creating protein out of plants, which tastes like s##t). We are in the process of being had.

Wild Bill

We are filling the basement with long term storable food. To finance that we sold the oldest farm pickup because used vehicle prices are up and we did not use it much.

StLPro2A

That oldest truck is the one you should have kept. Less electronics, simple. Put extra electrical components in a Faraday cage just in case.

Wild Bill

I did not think of that.

Wild Bill

We would be grateful for any other preparations tips that you can offer.

Oldman

We have been doing the same since the end of last summer, except we don’t have an extra vehicle to sell. From what I heard last night on the local news, Washington State is preparing for 10 bucks a gallon of gas and diesel and we were just yesterday at 7+ dollars for a single gallon in some places. At those rates our farmers in Eastern WA. will not be able to bring anything to market because you can’t work 1000 acres of farmalnd without fuel. So goes-Let’s Go Brandon!

Wild Bill

Even prepared, this country is going to be in trouble. I foresee government handing out rations to the needy and unprepared, and a few extra rations, if the recipient hands in a gun.

Oldman

I agree. We have left ourselves, no pun intended, to pretty much the end of our ropes. It is time to prepare for our choices as to how the rest of this country shall live or die. God Bless America.

Papa J

Funny you should mention the bird flu. I think I have it. the last few days I’ve had this erresistible desire to go outside and take a dump on the neighbors car window!!

Wild Bill

That is funny!!!

Oldman

Hilarious, actually!

john

That is true as I trade all of the above ,You have not seen the impact of what is to come. The beef market is still well above market value. Poultry is like gold trading up everyday at 1pm Turkeys there are none like chicken the avian flu continues to wreak havoc across the country. Pork is stable at this point though there was a upswing yesterday and today that is not seasonal for this time of year. Fuel prices are so out of whack do to the party in office in Washington no other reason. In the summertime when… Read more »

Wild Bill

I want to thank you for the warnings. I have read many food shortage reports, but yours was first.
Shortage of food will put the marxists in position to weaponize food distribution.
We are getting prepared.

john

You are correct sir when the natives get restless the real violence will begin. The enemy is China Not Russia the Ukraine is part of the plan the reason a place to lay the blame. Russia is the scapegoat and has been since Obama Democrats are stealing our future while robbing the banks of the Russian people. China is the author of this plan they have been buying up and manipulating the market without fear of reprisal. Trump was on the correct path those who opposed his administration the deep state worked alongside those in Washington, The coronavirus was a… Read more »

RayJN

There are people advising to buy gold and silver to protect your buying power. Can’t eat them. The government is now planning on digital currency. Then it will be able to track every transaction. Stop the purchase of ANYTHING they don’t like. Find any reason to call you a terrorist and confiscate all your money. The only alternative would be barter. I invested in lead, copper and brass several years ago. It is worth 4x+ what I put in it.

Wild Bill

I guess that I will be part of the underground economy. I never envisioned that!!

StLPro2A

In addition to ammo and food, get loads of cash. They can shut electronic fund sources down in a heartbeat……checking/savings accounts, investment accounts; credit cards…..and your electric cars.

Wild Bill

Good suggestions.

RayJN

If money goes digital what good will cash be?

Wild Bill

cash, silver, gold, and ammunition and guns will always be valuable in the underground economy. The government will call it the black market, and we will be called black-marketeers.

DDS

You’re missing the point. When it IS time, you will not have to ask, “Is it time yet?” There WILL be mobs in the streets and your questions about timing will fall away.

StLPro2A

Guess the ladies will never join in. When they go out into the streets all wearing the same camo outfits and bearing black ARs, they will get huffy and all stomp off home!!!! Been there, seen that……..

StLPro2A

Our beloved national simpleton Forrst Gump has a meme, “In 1776, the British demanded we surrender our firearms. We shot them.”

Bill

I’m curious as to how the BATFE can enforce a regulation (bureaucratic opinion) which does not go into effect (if ever) until August as if it were law already! Come on guys, get the lawsuits running against the over-reach of the federal bureaucrats!

Laddyboy

Correct me if I am mistaken;
The “ATF/(AFT-biden)” IS an UNLAWFUL BUREAUCRACY!
It was NOT formed by Congress!
IT was formed by a director in the IRS!
CONGRESS IS the ONLY BODY in OUR American Government which can make OR change laws!
Thus, the ILLEGAL Bureaucracy of the “ATF” MUST be DISMISSED, REMOVED, DISBANDED, EXERCISED from Our Government. ALL of its “rules and directives” must be DELEATED from EVERY LAW BOOK!

Wild Bill

Respectfully, the Sec. Treas. memo that created ATF merely detached a group of IRS employees to collect a specific type of tax. He can do that. It is not unconstitutional. Time went by and that group morphed into what the BATFE now is. Now, it is not even part of IRS. Without a court fight, we don’t know if it is Constitutional or not. I do know that ATF was not created by an Act of Congress, just a memo. The modern BATFE does not have the protection of having been created by an Act of Congress that would have… Read more »

hippybiker

A former Federal Employee explained the problem to me. The GSA aka General Service Administration is answerable to no one! They are entrenched in the system and when they F*ck up, they are shuffled around to another office!

Last edited 1 month ago by hippybiker
willyd

The old SHELL GAME, by our GREAT POLITITIONS!!!!!!!

Green Mtn. Boy

This tyranny needs to be stoped and stoped Hard,in the first place the AFT doesn’t write law, only congress can write law.
Second place the AFT is not a Constitutionally authorized agency along with all the other alphabet agencies.

Captn John

Wrong, I just put out a long post on another site how congress has made themselves obsolete. CDC, OSHA, EPA, and ATF plus others make laws now so congress doesn’t piss off any voters.

Nurph

That’s a valid point. Too many alphabet agencies under the umbrella of the executive branch are “making law/policy” now. Our government is lopsided. Congress doesn’t do their job, POTUS (regardless of the occupant) oversteps their job, & SCOTUS is scared to do their job.