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chose to move forward with the suit anyway since the ATF was still trying to bind the company by the terms of the now rescinded cease-and-desist order.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.
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