TO: Whom It May Concern
FROM: Dimitrios Karras, CEO Ares Armor
SUBJ: Temporary Restraining Order Against BATFE
DATE: March 12, 2014
Sir or Ma'am,
Last
week the BATFE Raided EP Armory based on a determination letter that had
deemed the 80% Polymer product to be a firearm. The determination
letter that the BATFE used to obtain warrants against EP Armory is
based on incorrect information about the manufacturing process. The
BATFE has been notified of their error and the incorrectness of their
determination based on this error.
This
week on Monday, March 10th the BATFE threatened to raid us even though
they are fully aware that their determination letter is factually
incorrect. They requested that we turn over a list of every customer
that had purchased a polymer lower from us and turn over the remaining
inventory that we have.
Our
customer's privacy is of the utmost importance to us. I cannot in good
moral conscience turn over a list of names to the BATFE just because
they unduly threaten us with an unjust raid based on information they
KNOW TO BE FALSE!
For the
time we are SAFE! We were granted a Temporary Restraining Order against
the BATFE on March 11th. The following is the declaration that I made
during the process of obtaining this TRO:
Declaration of Dimitrios Karras, CEO Ares Armor
In
regards to the events surrounding Ares Armor's interaction with EP
Armory's products and the threats made towards Ares Armor by the Bureau
of Alcohol, Tobacco, Firearms, and Explosives (BATFE.) The following
declarations are true and correct to the best of my knowledge.
I, Dimitrios Karras, state:
1.
During a meeting with the BATFE around the end of 2012 that was
unrelated to EP Armory's product, the Agent that was present very
strongly requested that I turn over Ares Armor's customer list. He
intimidated me with the possibility of criminal charges if he was not
satisfied. This was the first attempt the BATFE made to intimidate Ares
Armor into turning over private customer information.
2. An 80% lower is an industry term for an unfinished receiver that is not considered to be a firearm.
3. EP Armory manufactures an 80% lower receiver made from polymer.
4. Ares Armor purchases and then resells many products one of which is the 80% Polymer Lowers that are made by EP Armory.
5. In the regular course of business I have seen many different 80% AR-15 receivers.
6.
EP Armory's product is no different than standard 80% receivers that
are sold openly and that the BATFE has consistently determined to not
be a firearm. EP Armory's product is in compliance with previous BATFE
Determinations and is not a firearm.
7.
The BATFE has Raided EP Armory based on incorrect information about EP
Armory's manufacturing process. The determination letter written by
the BATFE incorrectly classified the EP Armory product as a firearm
based on faulty information. The BATFE was under the impression that EP
Armory was making a firearm and then reverting back to the 80% stage
by filling in the fire-control cavity. At no point during the
manufacturing process by EP Armory is a weapon made and then reverted.
The solid fire-control cavity is built first and the rest of the 80%
casting is made around this "core" specifically so that their product
at no time could be considered to be a firearm.
a.
As can be seen in Exhibit 1-3. The BATFE has consistently determined
that the machining operations that cannot be performed in order to not
be considered a firearm are as follows:
1. Milling out of fire-control cavity.
2. Selector-lever hole drilled.
3. Cutting of trigger slot.
4. Drilling of trigger pin hole.
5. Drilling of hammer pin hole.
b. EP Armory's product is consistent with the BATFE's many previous determinations.
c. At no time during EP Armory's manufacturing process are any of the
aforementioned 5 operations in a state that could cause a reasonable
person to believe that EP Armory's product would be considered a
firearm.
8.
The BATFE has been appropriately informed of their mistake. However,
even though they have no determination that is based on fact, they are
knowingly using their fiction based determination to intimidate Ares
Armor with threats in order to inappropriately gain access to
information that is private and should be protected.
9.
I received communication on or about 3/10/2014 from our legal counsel
(Jason Davis) that the BATFE was in the process of obtaining a warrant
against Ares Armor based on their incorrect determination of EP
Armory's Product. I was advised that the BATFE had offered to forego
obtaining a warrant if Ares Armor was willing to:
a. Hand over all of EP Armory's 80% Lowers.
b. Turn over Ares Armor customer's private information to the BATFE.
In
exchange for turning over our customer's private information the BATFE
said that they would not "raid" Ares Armor's facilities and would not
pursue "criminal" charges. This made me feel as if I was being
extorted. I agreed to their terms in order to delay an impending and
unjust raid against Ares Armor long enough to obtain legal protection
under the law.
10.
I have been unjustly threatened with raids and criminal charges in an
attempt by the BATFE to obtain information that is private and
protected. The BATFE has expressed interest in obtaining Ares Armor's
customer list in the past and is now attempting to strong-arm us with
undue threats based on information they know to be incorrect.
11. I am now in constant fear for the safety of my employees, my customers and myself.
Executed March 10, 2014 Oceanside, CA
I declare under penalty of perjury that the foregoing is true and correct.
Dimitrios Karras
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