U.S.A. –-(AmmoLand.com)- A Judge in the Western District of Pennsylvania denied JSD Supply’s motion for a preliminary injunction and a temporary restraining order against the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Earlier this month, ATF agents from the Pittsburgh field office served JSD Supply’s President, Jordan Vinroe, with a cease-and-desist order. The order said that JSD Supply could not sell parts and 80% firearms kits on their website to buyers even if they were to purchase the items separately on different days. The ATF claimed this to be “structuring” the transaction to avoid running afoul of the Gun Control Act of 1968 (GCA).
The original cease-and-desist letter claimed that the order was independent of the new rule that will go into effect in August. The ATF’s lawyers contradicted themselves later in conversations with JSD’s attorney and Gun Owners of America’s (GOA)Chief Legal Counsel, Robert Olson. ATF Associate Chief Counsel Jeffrey Cohen and ATF Philadelphia field office Counsel Regina Drayton told Mr. Olson to rely on ATF Final Rule 2021R-05F for guidance in the matter.
Out of an abundance of caution, JSD Supply stopped selling everything but a single t-shirt on its site. The company tried to get an answer to what the ATF believed the company could sell on its website, but the government lawyers deflected the question stating that they are not subject matter experts. Because of the ambiguity, the company filed for a temporary restraining order (TRO) and/or a preliminary injunction against the ATF’s cease-and-desist order in federal court.
The ATF then decided to rescind the cease-and-desist order but still required JSD Supply to abide by the terms of the order. Legal analysts believe this move was an attempt to moot the case. JSD Supply chose to move forward with the suit anyway since the ATF was still trying to bind the company by the terms of the now rescinded cease-and-desist order. The judge asked both sides to submit supplemental briefs by last Wednesday, arguing why the suit should move forward.
Judge William S. Stickman IV reviewed both supplemental briefs and issued an order denying the motion for a preliminary injunction and a temporary restraining order against the ATF. After the ruling, JSD Supply was able to return to selling parts on its site, such as lower parts kits and slides, because of the federal ruling. But it is unclear when the company will list unfinished frames or receivers for sale. It is unknown if JSD Supply will return to selling unfinished frames and receivers.
It also came to light in the case that at least one other company was served with a cease-and-desist order over selling Polymer80 kits. It is unknown if that company will also attempt to take legal action against the ATF. The Bureau appears to be gearing up for the new rule due to go into effect in late August.
JSD Supply can still seek a permanent injunction, but with the ATF’s new rule surrounding frames and receivers due to take effect in August, the case might not have enough time to work its way through the court system. The better play might be to sue to block the new rule from taking effect in the first place.
JSD Supply and the ATF both did not have a comment on the case.
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.
So an agency violates our country’s own Constitution’s prohibition against infringement of a specific right by way of dictating under unlawful Color of Law. Even if that diktat was accepted as lawful, it isn’t scheduled to even be effective and enforceable until a future date. Yet that agency is enforcing it well ahead of its effective date, and a judge is allowing this?
Our system’s wheels are finally falling off.
title 18 violation and no one is arrested at atf how normal we will have to defend things like this with armed take on atf resistance and arrest them and file title 18 complaints we need local judges on our side jail them locally and not let feds take them home anything that raises to treason build a gallows in front of federal court hang them their remind the government who they work for
Judge bought and paid for! Probably a law grad of some Ivy League university in the NE area of our sorta’ country!
countries have boarders so yea, I see your point
FINALLY FALLING OFF? They fell off a LONG time ago and we have to get them back on.
they fell off around 1886 with the labor riots /police murdering people that wanted fair pay still tit for tat
This ruling is the beginning of a long fight all the way to the supreme court. Let’s hope JSD Supply can afford the battle to keep their business running.
Maybe we can set up a Give Send Go for them.
I know of another company that went against the BATFE, and basically the same thing happened the company was denied anything against the BATFE. Sounds to me like the judicial system is corrupt when it comes to injunctions against the BATFE or anything else when it comes to a law enforcement agency’s infringing, overreaching, oppression. Who would have thought the judicial system would fail the common business/company (Sarcasm). I just hope that the courts agree Stop these new infringing rules before they go into effect
or ny ruling is all encompassing a right is a right no rules can be made against anyone who has their liberties unencumbered
Red Flag laws in many cases will violate the 4th Amendment. the danger is very real, these ‘feel good’ illegal laws to make people feel safe may end up seeing more deaths then they would have ever stopped by the laws.
3:30 AM door bashings on the wrong house could see a whole lot of funerals created on both sides. The Govt. can’t and won’t get away with Gestapo tactics against the American citizens.
Those four words are just so hard to figure out…SHALL NOT BE INFRINGED. Maybe the Founding Fathers should have been more explicit..SHALL NOT BE F**KING INFRINGED.