A Texas judge has struck down a controversial ATF rule targeting ghost guns, ordering the agency not to enforce it.
The Bureau of Alcohol, Tobacco, Firearms and Explosives “Final Rule” rethinking which fractional parts of a gun legitimately comprise a full weapon, which came full circle last August, has been upset after U.S. District Judge for the Northern District of Texas Reed O’Connor said the agency overstepped its authority in issuing it.
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“This case presents the question of whether the federal government may lawfully regulate partially manufactured firearm components, related firearm products, and other tools and materials in keeping with the Gun Control Act of 1968,” the judge wrote in his ruling.
“Because the Court concludes that the government cannot regulate those items without violating federal law, the Court holds that the government’s recently enacted Final Rule…is unlawful agency action taken in excess of the ATF’s statutory jurisdiction. On this basis, the Court vacates the Final Rule,” he continued.
In April of 2022, Principal legal officer Merrick Laurel marked “Final Rule 2021R-05F” and sent it to be distributed in the bureaucratic register, 120 days after which it came full circle cross country and extended how the national government characterizes the pieces of a gun to incorporate part units which could ultimately be made into weapons.
An overview of the Final Rule prepared by the ATF states, “The rule clarifies that the definition of “firearm” includes a weapon parts kit that is designed to or may readily be completed, assembled, restored, or otherwise converted to expel a projectile by the action of an explosive.” This change makes it clear that many of the products currently advertised and sold as “80% kits” that are not regulated contain a “frame or receiver” controlled by Federal law.
Gun enthusiasts with a preference for AR-15 style shooting platforms, known for their near unlimited customizability and ease of use, expressed concern that a rule ostensibly aimed at combating so-called ghost guns would be used to limit their access to the nation’s most popular firearm. A gun rights group, a firearms manufacturer, and a pair of gun owners sued.
The Firearms Policy Coalition, one of the plaintiffs in the case, praised the Court’s decision.
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“This is a monumental victory against the tyrannical ATF. Firearms Policy Coalition and FPC Law have argued that this rogue agency has unlawfully attacked gun owners in this latest round of ‘rulemaking’ and we are grateful to see the Court agree,” Richard Thomson, a spokesperson for the Coalition, said after the Court’s ruling.
A spokesperson for the ATF said the Bureau could not comment on any litigation and referred matters to the Justice Department, which did not respond.
