80 Percent Lawsuits Part III

December 31, 2020

Legion,

Since we last spoke, ATF California raided Polymer80 in Nevada with a new theory of constructive possession of a firearm. The warrant ATF eventually shared outlines a determination that two Polymer80 “Buy-Build-Shoot” kits are now firearms, but it does not outline its reasoning. ATF is relying on a string of legal authorities concerning the definition of “readily convertible,” though those facts and cases have never been applied to assemblies including receiver blanks.

The ATF raid is both a show of force and loyalty to the incoming Biden government by Acting Director Lombardo, who hopes to be confirmed Director in 2021, as well as a strategic choice to complicate the agency’s own legal position on unfinished receivers in federal court. As we’ve explained earlier in the year, ATF wants to be able to regulate 80% receivers, but lacks the power to do so. It has asked friendly gun control groups, AG’s and municipalities to sue it in federal court so that a judge will call their positions arbitrary and get them out of their regulatory knot.

As a reminder, these two cases are:

City of Syracuse, NY, et al. v. Bureau of Alcohol, Tobacco, Firearms and Explosives, et al., 1:20-cv-06885 (SDNY)
State of California, et al. v. Bureau of Alcohol, Tobacco, Firearms and Explosives, et al., 3:20-cv-06761 (N.D. Cal.)

Recent press coverage has shown how many progressive city attorneys and prosecutors are now writing in support of these cases, bleating about how the very bad no good 80% market has made it doubleplus ungood for policing their failed cities.

Luckily, since ATF went so hard in the paint, Polymer80 now has no choice but to forcefully intervene, and you can read their CEO’s declaration below:

So Happy New Year, Legion. In 2021 you’ll either 3D print or home CNC your ghost guns. Good thing you know the company who invented all that.

If you would like to support this litigation, please join LEGIO.