Everytown for Gun Safety is backing a lawsuit in Michigan against JSD Supply over selling privately manufactured firearms (PMF). The suit involves an accidental shooting of Guy Boyd by Kyle Thueme. Boyd was shot in the head but survived the shooting. Thueme was 17 at the time and allegedly purchased two Polymer80 kits from JSD Supply by lying about his age. JSD Supply’s website required buyers to certify that they were 18 or older. Since the enactment of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Final Rule on frames and receivers (2021R-05F), JSD Supply has removed Polymer80s from its website.
The suit claims that Thueme acquired two Polymer80 kits through the JSD Supply website on April 9, 2021, and April 27, 2021. It claims the company is copiable because it did not “take a single step” to verify Thueme’s age or whether he could lawfully own a pistol. Later in the complaint, the plaintiffs admitted that the website required the buyer to certify their age. Also, at the time of purchase, unfinished frames were not considered firearms by the ATF or Michigan law.
The case also alleges that JSD Supply falsely advertised that PMFs made from kits do not require licensing or paperwork. This accusation is inaccurate. Even after the ATF’s controversial rule change, firearms built from kits federally do not require any type of license or paperwork. The ATF change, which was after the incident, only affects the seller of kits and does not affect individual gun owners. It is still federally legal to own and build firearms without serial numbers.
The suit claims in one area that kits available from JSD Supply were sold in a single kit with everything needed to make a functional firearm. Later, in the same complaint, the plaintiffs acknowledged that JSD didn’t sell a single kit with everything needed to make a firearm. They admit that Boyd had to buy multiple different kits. Also, the tools required to make a PMF were not included in any kits.
The suit also takes issue with JSD Supply, referring to PMFs as “80% pistols.” The company did not create this term. It is a colloquial term used in the industry to describe the pre cursers used to build homemade firearms. The case seems to insinuate that JSD Supply used the term to mislead the public about the legal product they were selling.
“Defendant JSD often refers to its kits as ‘80% pistols’ but this is in fact a misnomer, meant to imply that purchasers need to complete the last 20% of assembly themselves to have a fully operable firearm,” the suit reads. “To be clear, these kits often contain ‘everything needed to finish your own pistol like a professional.’”
The plaintiffs take issue with JSD’s business model, which was to help Americans build their own firearms. The practice of building homemade guns is not a modern invention. People have been producing homemade firearms longer than the United States has been a country. Even if that wasn’t the case, it was not illegal to base a business around helping people make firearms.
The suit then once again alleges that at the time that Thueme purchased the kits, they were firearms. Even the Biden administration doesn’t agree. If they did, they would not have demanded the ATF change the rules, designating kits to be firearms. Although the ATF did change the rules, the United States Fifth Circuit Court of Appeals has sided with companies like JSD Supply. The Supreme Court has stayed the court’s decision until it can decide to hear the case, but even if SCOTUS decides for the federal government, at the time, the kits were utterly legal to sell and were not considered firearms.
The plaintiffs objected to instructional videos on YouTube that walk a user through finishing a pistol. Most of these videos were removed from YouTube thanks to pressure from NBC News, but they can still be found on sites like Rumble, are entirely legal, and fall well within the bounds of free speech. The Everytown paid attorneys seem to be throwing everything at the wall and seeing what sticks.
The plaintiffs also claim that JSD Supply knew that minors were susceptible to misusing guns. It uses false stats such as “gun violence is the leading cause of deaths” for children. That stat is only correct if you eliminate children of certain ages and add legal adults ages 18 and 19. The study has been panned as misleading due to the cherry-picking of information. The case also tries to say children’s brains are not developed enough to handle firearms.
The suit also claims that JSD Supply violated Michigan’s Consumer Protection Act (MCPA) because it claimed that kits do not have to be registered or licensed. At the time of the transaction, firearms did not have to be registered. Although Michigan now has a license to purchase law, even if that law was in effect at the time of sale, the kits were not considered firearms and did not need to be registered or licensed.
Mr. Boyd is asking for damages for pain and suffering. In addition, the plaintiff wants attorney fees and punitive and/or exemplary damage against the defendants. They are also asking for any other damages the courts see fit.
To many, this suit seems like “lawfare,” where a group backs a case with the goal of causing damage to the defendant regardless of the outcome. JSD Supply is fighting back and has a legal defense fund to help fund its defense. The legal defense fund can be found at
About John Crump
John is a NRA instructor and a constitutional activist. John has written about firearms, interviewed people of all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons and can be followed on Twitter at @crumpyss, or at www.crumpy.com.
