News|Industry News A couple of hours ago The Firearm Blog released partially documentation of the ATF’s warrant and investigation into Nevada-based Polymer80. The information was give to TFB from an […]
A couple of hours ago The Firearm Blog released partially documentation of the ATF’s warrant and investigation into Nevada-based Polymer80. The information was give to TFB from an anonymous source. The focus of the ATF investigation and subsequent raid of Polymer80 was due to the company’s Buy, Build, Shoot Kits. The ATF investigation into Polymer 80 has been about a year long and is broken down into three elements.
First, the ATF states that Polymer80’s Buy, Build, Shoot kits are firearms, just not parts. The ATF classifies a firearm as, “Any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive.” Second, since these build kits are considered firearms by the ATF, Polymer 80 did not follow regulatory guidelines on the transfer of handguns from FFL to individual. Third, that a number of Buy, Build, Shoot Kits where sold to prohibited individuals, according to the investigation about 200 or so.
The information below is from the affidavit in support of the warrant application of Polymer 80 to search and seize materials pertaining to the investigation of the Buy, Build, Shoot kits.
A Closer Look Into Polymer80’s Warrant
The the warrant application affidavit the ATF was investigating Polymer80 and selling of the Buy, Build, Shoot kits for over an year. The 50 page affidavit the ATF states that Polymer80 submitted a “receiver blank” for determination, the company did not provide a full Buy, Build, Shoot kits for such determination.
During the investigation the ATF used information from Polymer80’s FFL inspections, items received by the ATF, and the ability for agents and C.I.’s (confidential informant), to “readily assemble” a kit, the ATF came to the determination that P80 knew the kits were illegal. Furthermore, with that determination the ATF maintains that the kits needed to follow regulations for FFLs when transferring the firearm to a consumer. Which also means that 4473 background checks should have been conducted on all purchases of P80’s kits.
Polymer80’s Sales Records
The ATF also secured sales records from Polymer80, Stamps.com and Authorize.net. Those records identified that over 50,000 Buy, Build, Shoot kits were sold from Polymer80 to end users. About 1500 were sold directly from P80 to users and about 200 were sold to residents in California. The selling of these kits are prohibited in within the state of California.
The ATF was also able to determine that some of these kits were sold to prohibited individuals. The ATF used the records from Stamp.com and Authorize.net and cross referenced with law enforcement databases to find these individuals.
Looking further into the affidavit the ATF also believes that at least one of these kits were for export outside the U.S. Which is a violation of United States Munition List or the USML.
Key Entries From Investigation
73. Because POLYMER80 shipped these Buy Build Shoot Kits from the SUBJECT PREMISES, located in the state of Nevada, to a customer in California, I believe there is probable cause to believe that POLYMER80 has committed violations of 18 U.S.C. SS 922 (a) (2) (Shipment or Transport of a Firearm by an FFL to a Non-FFL in Interstate or Foreign Commerce) and 922 (b) (3) (Sale or Delivery of a Firearm by an FFL to a Person Not Residing in the FFL’s State), as well as 922 (t) (Knowing Transfer of a Firearm without a Background Check) and other Subject Offenses, as described below
76. Also, on or about June 17, 2020, in response to a subpoena, I received records from the company Authorize.net, a credit card processor. POLYMER80 is listed as the business name, with the SUBJECT PREMISES, 134 Lakes Blvd, Dayton, NV listed as the address, and the website listed was POLYMER80.COM. Under principal infornation, the records show BORGES’ name and the owner e-mail address is “sales@polymer80. com.
77. The Authorize.net records, which include records from January 1, 2019 to June 16, 2020, include date and time a payment was submitted by a customer, the amount, the name and address of the customer, the telephone number of the customer, and the e-mail address of the customer. Some of the submitted payments appear to be duplicates, so while viewing the data, I ignored multiple payments from the same individual, of the same amount, occurring at around the same time.
78. On or about October 15, 2020, in response to a subpoena, I received records from Stamps. com for its subsidiary business Shipstation. Shipstation is a shipping software company that provides online businesses with order processing, production of shipping labels, and customer communication. The records received from ShipStation are similar to those received from Stamps.com, but also includes the order price of the shipped item, as well as the item name and Stock Keeping Unit (“SKU”) inventory identifier.
79. According to the ShipStation records, from January 2019 through on or about October 13, 2020, POLYMER80 shipped approximately 51,800 items throughout the United States. At least 50,600 of these shipments were sent to customers located
in states other than Nevada. POLYMER80 shipped approximately 9, 400 items to customers in California
80. In addition, according to the ShipStation records, from July 2019 through on or about October 10, 2020, POLYMER80 shipped at least 1, 490 Buy Build Shoot kits to customers throughout the United States, at least 1,468 of which were shipped to individuals in states other than Nevada. The most recent tracking numbers show the Buy Build Shoot Kits were shipped by POLYMER80 from the state of Nevada to customers in
most states, as well as the District of Columbia and Puerto Rico. According to the records, the four states that POLYMER80 did not ship Buy Build Shoot Kits to were Iowa, Kentucky, New Jersey, and North Dakota. In addition, the records show that
POLYMER80 sent at least 202 Buy Build Shoot Kits to California, which was the most of any state.
81. In my review of the records, I have identified several instances where POLYMER80 firearm components appear to have been transferred outside of the United States. I also have identified instances where POLYMER80 shipped Buy, Build, Shoot kits to individuals within the United States who are prohibited from receiving or possessing firearms.
The investigation into Polymer80 is ongoing. The ATF case is based on the determination that Polymer80 Buy, Build, Shoot kits are firearms because they have all the parts to make a functioning firearm. The ATF has determined the separate sale of Polymer80 blank receivers were not firearms and not controlled under the NFA.
This story is developing and we will keep informed of any new developments.
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