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'only ones', agenda, BATFE, Bill of Rights, fascism, federal, gun control, Uncategorized

The Ex-Parte ARES ARMS Raid

aresIt appears that despite the judge granting the TRO on Wednesday, yesterday the ATF went to the judge ex parte (meaning without the other side, in this case Ares, being present), and got a “clarification” of the prior TRO. This “clarification” seems to give them the green light to apply for a “lawful search”.

IMHO, in order to have a change between Wednesday when the original TRO was granted, the ATF would have had to have alleged Ares was about to get rid of records and that they, the ATF had emergent reasons for going in now rather than waiting till the full hearing that was scheduled for March 20.

Update:

Here are the prosecutor’s allegations behind the ex parte allegation.

-They materially misrepresent the lower receivers as “firearms”.
-they essentially argue “how dare Ares use the law to get a TRO against us”, that somehow that was a “trick” on Ares part not to provide the “firearms” as per agreement. But if they had the TRO, they were not required to turn over the weapons.

HT: Moderno, Bearing Arms

Yes, my friends, it appears, in spite of a court order, ‘clarification’ was obtained and the BATFE was able to ‘legally’ raid ARES ARMS and search for customer information!

God forbid a firearms business operate under all the rules and laws – they will get raided, anyway!

Of course, persons performing their business in a legal manner rarely shoot back!

h/t Weasel Zippers, Free North Carolina

This just in – MORE, from David Codrea!!

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About guffaw1952

I'm a child of the 50's. libertarian, now medically-retired. I've been a certified firearms trainer, a private investigator, and worked for a major credit card company for almost 22 years. I am a proud NRA Life Member. I am a limited-government, free-market capitalist, who believes in the U.S. Constitution and the Rule of Law.

Discussion

13 thoughts on “The Ex-Parte ARES ARMS Raid

  1. The $64 question… Will they now raid the homes of CUSTOMERS???

    Posted by oldnfo | March 17, 2014, 9:50 am
  2. How dare that shopkeeper stand up to the bureaucracy!

    Posted by Rev. Paul | March 17, 2014, 9:56 am
  3. I’ve been wondering exactly the same as OldNFO.

    Posted by ProudHillbilly | March 17, 2014, 10:22 am
  4. I’m covered. If they come here, I’m just telling them that I sold all my ARES receivers to Old NFO and Proud Hillbilly.

    Posted by Murphy's Law | March 17, 2014, 10:40 am
  5. Same question as the others. My blood boiled when I read that they did the raid anyway. I do have a question though. Is it a criminal (as in go to jail and do not collect $200) if these stores happen to lose those records in a boating accident? Yes, I know it’s a lose your permit to sell firearms period, but If it’s not criminal, (and maybe even if it is), I think these stores have the moral obligation to destroy such at this point. This has gotten out of hand. If anyone was confused up to this point, it ought to be totally clear that we are in living in a WROL police state at this point.

    I didn’t even know about this 80% finished lower thing, nor what a Ghost-gun, in relation to the lower receiver, was up until this past week. Sigh.

    Posted by Clyde | March 17, 2014, 10:42 am
  6. Apparently misrepresentations were made to the Judge by the Gubmint Attorneys arguing on behalf of the BATF.
    We shall see how this plays out.

    Posted by kx59 | March 17, 2014, 6:09 pm
  7. They probably went to the judge, said we are going to do this anyway, there is no way you can stop us, so might as well provide legal cover to maintain appearance that the court is still relevant.

    While I would hope the arms company had taken countermeasures to ceircumvent this event and creatively obfuscate the data, my general experience has been that most businesses and businessmen do not understand the concept of protecting one self or the data. Don’t store records on site. Don’t store them or archive them on the same computers and drives you keep the daily business in. Don’t use the internet to store customer data or archive records or to pass records to secure storage. A 1gb USB disk, removable and highly portable is cheap, keep records on that then pass around like a hot potato if need be.

    Posted by Matt | March 18, 2014, 7:25 am

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