David Codrea: Update: Ares Armor and EPArmory Represented by Top Law Firm

The United States District Court, Southern District of California on Wednesday granted a joint motion filed earlier in the day by attorneys for Ares Armor and the Department of Justice. The order vacated as moot a preliminary injunction hearing scheduled for Thursday, vacated the Temporary Restraining Order issued on March 11 (and the modification issued on March 14), and affirmed Ares Armor’s rights to file an amended complaint and to seek further injunctive relief.

“In consideration of the specific injunctive relief requested by the [temporary restraining order obtained by Ares Armor on March 11] to prevent the seizure of the Property [i.e., the precursor receivers and customer information], the Court’s modification of the TRO on March 14, the issuance of a search warrant and the subsequent execution of that warrant and seizure of the Property by the Defendants on March 15, 2014, the request for injunctive relief to prevent the seizure of the Property appears moot,” the motion explained. “Judicial economy and the parties’ interests in preserving resources for litigating the actual merits of this case are furthered by dropping the preliminary injunction issue at [t]his time.”

“[T]he requested injunctive relief is now moot, and ... going forward with the hearing would be a waste of resources,” the court agreed.
Today’s motion and order marks the bringing out of the big guns, as Ares Armor was represented by Chuck Michel of Michel & Associates, P.C. Michel’s clients include the National Rifle Association and its state affiliate, the California Rifle and Pistol Association. Additionally, NRA’s lawyers and experts are assisting on the specific legal and technical issues.

Michel’s firm has litigated literally hundreds of firearms cases involving constitutional issues, including Second Amendment challenges, in both state and federal trial and appellate courts, and over the years Michel has helped both draft as well as advocate against ill-conceived legislation in order to protect California gun owners. Most recently, Michel’s firm brought us the tremendous win in the NRA-sponsored Peruta case which, if it withstands further Ninth Circuit or Supreme Court review, will bring shall-issue to California.

In related developments, legal sources advise Gun Rights Examiner that actions against EP Armory and Ares Armor were initiated in large part because of law enforcement interest in so-called “build parties,” including when such collaborative efforts would legally be considered “manufacturing firearms.” Concerns expressed by the California Department of Justice were also said to play an influential role in ATF’s decision to assert itself through the recent investigations and seizures.


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