If ATF Comes A Knocking, Only Surrender Your 80% Frame or Receiver Under Protest!

Prince Law Office ^ | 12/14/2020 | Joshua Prince, Esq.

[voicereason]

As many in the Firearms Community are aware, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) raided Polymer80, Inc last week and since then, there is at least one report of a customer being visited by ATF and forced to surrender their “P80.” Given what appears to be ATF’s active enforcement of its interpretive jiggery-pokery, ever changing interpretations of the Gun Control Act and implementing regulations, it is important that any individual confronted by ATF regarding this newly minted interpretation, advise the agent that he/she is surrendering the items under protest, that you do not consent to the forfeiture or destruction of your property, and that you require a property receipt from ATF. Be aware that the agent may attempt to have you sign an ATF 3400.1 Form – Consent to Forfeiture or Destruction of Property and Waiver of Notice – which you should NOT sign under ANY circumstance. In the event that they ask you to sign an ATF 3400.1, inform them that the only ATF form you are willing to sign is an ATF 3400.23 – Receipt of Property and Other Items, as the ATF 3400.23 does not contain language, wherein you agree to the forfeiture/destruction of your property.

You should also attempt to take photos of your items, so you can prove the condition they were in when taken by ATF, as well as, find any receipts or other information relative to your purchase of the items. It would also be prudent to separately document your experience of the encounter in writing – such as the location, date, and time of your interaction with the ATF agent(s), the names or other identifying information (ID #, contact number, business card, etc.) of all ATF agents or persons you spoke with, the details of all discussions, and any other information they told or provided you. You should also demand a copy of the executed ATF 3400.23. If they tell you that they’ll mail you a copy, in addition to requesting that they do, you should take a photo of the executed form with your phone. After compiling all these documents and information, you should place them in a safe place.

So that there can be no misunderstanding on ATF’s part, I would strongly recommend sending a letter, consistent with the below, to the ATF Agent that took your item(s), because, in the event ATF elects to institute a forfeiture action, they are required to serve you with a copy and in that event, you should immediately contact an attorney, if you wish to challenge ATF’s ability to forfeit your property.

Bureau of Alcohol, Tobacco, Firearms and Explosives

Dear Agent :

As I informed you on when you took my (hereinafter “items”), I surrendered them under protest as I understand ATF contends that my continued possession of those items would result in my arrest and prosecution. As I dispute ATF’s contention and authority in this matter, I am only surrendering my items to preclude my arrest and prosecution. I do not consent to the destruction of my items nor do I consent to forfeiture of my items. I assert all of my rights pursuant to the U.S. Constitution and all applicable federal laws.

In the event ATF’s newly minted interpretation is enjoined or is deemed unlawful by a court of law, I expect ATF to immediately return my items, at no cost to me, and expect that ATF will not cause any damage or harm to them, while in its possession.

Thanking you for you time and assistance in this matter, I am

Yours Truly,

If your rights have been violated by ATF or another federal administrative agency, contact Firearms Industry Consulting Group today to discuss YOUR rights and legal options.

[voicereason]

Interesting article that popped up in one of my news feeds.

[Gene Eric]

3D printing stuff?

[Jim W N]

Unconstitutional federal acts by the likes of ATF among other things must be resisted.

STOP unconstitutional Federal tyranny!!!

[nonliberal]

Head shots work well too.

[Basket_of_Deplorables]

I have a better idea:

“I’ll be happy o answer your questions after I consult with my lawyer. You do not have permission to be here, without a warrant. Do you have ine? No? Please leave.

And video record it.

[dynachrome]

Video all interactions with any letter agency.

[PROCON]

RKBA Ping List

This Ping List is for all things pertaining to infringes upon or victories for the 2nd Amendment.

FReepmail me if you want to be added to or deleted from the list.

More 2nd Amendment related articles on FR's Bang List.

[dware]

You can have my guns when you pry em from my cold, dead hands! Just kidding. Here you go! Americans prefer peaceful slavery over dangerous freedom.

[lapsus calami]

 

It's about the "Buy Build Shoot Kit" - https://www.thefirearmblog.com/blog/2020/12/11/polymer80-kits/

 

 

[Ancesthntr]

Bookmarked.

[dartuser]

If you turn them over ... no matter what idiotic form you sign ... it will absolutely be destroyed.

[Widget Jr]

Name any other agency that gets to write regulations, wait until after people follow them, then rewrite or reinterpret regulations and go after people for it. Imagine if the automobile or airline industry had to operate under such changing rules.

[nevergore]

Appreciate your bravado and sentiment...

However, the ATF would be back at your door within the hour with a warrant...

Non-voluntary surrender will probably result in arrest and prosecution.....

[eyeamok]

Interesting, I do know this, at 80percent arms they have a Glock Kit, but you have to Purchase the Rails SEPARATELY, so you have to make 2 purchases, one for the kit and one for the railings and jigs. They will NOT Ship them Together either. Sounds like this is where Polymer80 screwed up, by sending everything in one box as a complete kit. I would bet this only applies to Handguns also

[july4thfreedomfoundation]

A+

[Basket_of_Deplorables]

I have a Firearms Rights lawyer on call 24/7.

Join here:

https://www.usconcealedcarry.com

It ain’t bravado, chief. I’m prepared, although I don’t admit to owning anything here. This is for anyone who might.

Maybe you would just give it up. I don’t live life on my knees.

[Nateman]

“And how we burned in the camps later, thinking: What would things have been like if every security operative, when he went out at night to make an arrest, had been uncertain whether he would return alive and had to say good-bye to his family? Or if, during periods of mass arrests, as for example in Leningrad, when they arrested a quarter of the entire city, people had not simply sat there in their lairs, paling with terror at every bang of the downstairs door and at every step on the staircase, but had understood they had nothing left to lose and had boldly set up in the downstairs hall an ambush of half a dozen people with axes, hammers, pokers, or whatever else was at hand? After all, you knew ahead of time that those bluecaps were out at night for no good purpose. And you could be sure ahead of time that you’d be cracking the skull of a cutthroat.”

― Aleksandr Solzhenitsyn, The Gulag Archipelago 1918–1956

[2aProtectsTheRest]

If the ATF, police, US Marshals, FBI, or anyone else comes to your door, don’t fight or protest or anything else. Ask for a warrant. No warrant, no entry, no discussion, no nothing. Do. Not. Talk. To. Them. If they have a warrant, allow them entry, monitor their activities, and contact a lawyer. Do. Not. Talk. To. Them.

Talk to your lawyer; not to them. Anything you say can and will be twisted and turned into something they can use to prosecute you. There is nothing you can say to the police that will ever make the situation better for you. Nothing. Anything that might make your situation better can be told to a lawyer and your lawyer can use all that fancy law school to state it in a way that can’t be used to incriminate you.

[Vendome]

I don’t have any 80%

What is an 80%? /S

[dware]

Non-voluntary surrender will probably result in arrest and prosecution.....

Glad the dudes at Lexington didn't think that way......