Information still coming in. We will keep you updated. If you have been a customer, take this under advisement.
Backstory here. ATF wanted their customer list, they wouldn’t turn it over. So Ares got a restraining order from the Court. But ATF is apparently raiding anyway, in violation of that order.
Hopefully, the affidavits behind the ex parte application and search warrant will be made public so we can see what the ATF alleged.
It 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.
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