A controversial rule issued by the Biden Administration’s ATF targeting components of so-called ghost guns has been struck down by a Texas judge who has ordered the agency not to enforce the policy.
The Bureau of Alcohol, Tobacco, Firearms and Explosives “Final Rule” redefining which partial components of a firearm legally constitute a full weapon, which went into effect last August, has been overturned after U.S. District Judge for the Northern District of Texas Reed O’Connor said the agency overstepped its authority in issuing it.
“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 Attorney General Merrick Garland signed “Final Rule 2021R-05F” and sent it to be published in the federal register, 120 days after which it went into effect nationwide and expanded the way the federal government defines the parts of a firearm to effectively include component kits which could eventually be made into weapons.
“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,” an overview of the Final Rule prepared by the ATF reads. “This change makes clear that many of the products currently marketed and sold as unregulated “80% kits” contain a “frame or receiver” that is regulated 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.
““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.
