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Reuters

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The Hill

6037757 Biden Ghost Gun Rule Unconstitutional

A federal judge Monday struck down a Biden administration rule on ghost guns, finding that the 2022 Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) regulation is unconstitutional under the Second Amendment and void for vagueness under the Fifth Amendment's Due Process Clause.

A federal judge Monday struck down a Biden administration rule on ghost guns, finding that the 2022 Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) regulation is unconstitutional under the Second Amendment and void for vagueness under the Fifth Amendment's Due Process Clause.

This ruling came months after the U.S. Supreme Court (SCOTUS) upheld the same regulation in a 7-2 decision in March 2025, though that ruling addressed only whether the ATF had exceeded its statutory authority, not whether the rule was constitutional.

United States Concealed Carry Association

This ruling came months after the U.S. Supreme Court (SCOTUS) upheld the same regulation in a 7-2 decision in March 2025, though that ruling addressed only whether the ATF had exceeded its statutory authority, not whether the rule was constitutional.

The ATF's 2022 Frame and Receiver rule expanded the federal definition of "firearm" to include partially completed frames, receivers and build-at-home kits, requiring serial numbers, federal licensing and background checks for their sale.

The ATF's 2022 Frame and Receiver rule expanded the federal definition of "firearm" to include partially completed frames, receivers and build-at-home kits, requiring serial numbers, federal licensing and background checks for their sale.

U.S. District Judge Reed O'Connor of the Northern District of Texas ruled that the ATF rule lacked a clear standard for determining when unfinished material legally becomes a regulated firearm, leaving that determination to ATF agents' subjective judgment. He also found the rule conflicted with America's historical tradition of personal gunsmithing.

U.S. District Judge Reed O'Connor of the Northern District of Texas ruled that the ATF rule lacked a clear standard for determining when unfinished material legally becomes a regulated firearm, leaving that determination to ATF agents' subjective judgment. He also found the rule conflicted with America's historical tradition of personal gunsmithing.

The court issued a permanent injunction barring ATF from enforcing the challenged rule against Defense Distributed, the Second Amendment Foundation and its current and future members, though the injunction applies only to specific Defense Distributed products named in the lawsuit.

The court issued a permanent injunction barring ATF from enforcing the challenged rule against Defense Distributed, the Second Amendment Foundation and its current and future members, though the injunction applies only to specific Defense Distributed products named in the lawsuit.

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U.S. District Judge Reed O'Connor of the Northern District of Texas struck down a Biden administration rule on ghost guns on Aug. 17, finding the 2022 ATF regulation unconstitutional under the Second Amendment and void for vagueness under the Fifth Amendment's Due Process Clause.

U.S. District Judge Reed O'Connor of the Northern District of Texas struck down a Biden administration rule on ghost guns on Aug. 17, finding the 2022 ATF regulation unconstitutional under the Second Amendment and void for vagueness under the Fifth Amendment's Due Process Clause.

The ruling came months after the Supreme Court upheld the same regulation in a 7-2 decision in March 2025, though that ruling addressed only whether the ATF had exceeded its statutory authority — not whether the rule was constitutional.

The ruling came months after the Supreme Court upheld the same regulation in a 7-2 decision in March 2025, though that ruling addressed only whether the ATF had exceeded its statutory authority — not whether the rule was constitutional.

O'Connor ruled that the ATF rule lacked a clear standard for determining when unfinished material legally becomes a regulated firearm, leaving that determination to ATF agents' subjective judgment. He also found the rule conflicted with America's historical tradition of personal gunsmithing.

O'Connor ruled that the ATF rule lacked a clear standard for determining when unfinished material legally becomes a regulated firearm, leaving that determination to ATF agents' subjective judgment. He also found the rule conflicted with America's historical tradition of personal gunsmithing.

Gun control advocates criticized the ruling, with Giffords Executive Director Emma Brown warning it could allow people ineligible to own firearms to obtain untraceable ghost guns without background checks. A Justice Department spokesperson said the department is "evaluating the impact of the court's ruling."

Gun control advocates criticized the ruling, with Giffords Executive Director Emma Brown warning it could allow people ineligible to own firearms to obtain untraceable ghost guns without background checks. A Justice Department spokesperson said the department is "evaluating the impact of the court's ruling."

The Biden ATF's ghost gun rule was unconstitutional from day one — vague, overreaching and a clear violation of both the Second and Fifth Amendments. Judge Reed O'Connor's ruling affirms that Americans have the right to manufacture firearms at home and that the ATF can't unilaterally rewrite what Congress defined as a firearm. Businesses were bankrupted enforcing a rule so poorly drafted that nobody could even tell what was legal.

The Biden ATF's ghost gun rule was unconstitutional from day one — vague, overreaching and a clear violation of both the Second and Fifth Amendments. Judge Reed O'Connor's ruling affirms that Americans have the right to manufacture firearms at home and that the ATF can't unilaterally rewrite what Congress defined as a firearm. Businesses were bankrupted enforcing a rule so poorly drafted that nobody could even tell what was legal.

Abdel Fattah al-Burhan

MrGunsNGear

Striking down the ghost gun rule puts untraceable, unserialized firearms back on the streets, handing prohibited persons like domestic abusers and traffickers an easy workaround to background checks. Between 2017 and 2023, ghost gun recoveries by law enforcement surged over 1,500 percent, and the federal rule had finally started slowing that growth. A 7-2 Supreme Court already upheld this common-sense regulation — dismantling it now is a serious blow to public safety.

Striking down the ghost gun rule puts untraceable, unserialized firearms back on the streets, handing prohibited persons like domestic abusers and traffickers an easy workaround to background checks. Between 2017 and 2023, ghost gun recoveries by law enforcement surged over 1,500 percent, and the federal rule had finally started slowing that growth. A 7-2 Supreme Court already upheld this common-sense regulation — dismantling it now is a serious blow to public safety.

US Gun Culture, Policy Debate and Laws

Judge Strikes Down Biden-Era ATF Ghost Gun Rule

Judge Strikes Down Biden-Era ATF Ghost Gun Rule

United States of America

Gun control

Constitutions

Businesses were bankrupted while this rule was being enforced and it's time for it to end. This rule was unconstitutional from Day One because it's vague, overreaching and a clear violation of both the Second and Fifth Amendments. This ruling affirms that Americans have the right to manufacture firearms at home and that the ATF can't unilaterally rewrite what Congress defined as a firearm.

Businesses were bankrupted while this rule was being enforced and it's time for it to end. This rule was unconstitutional from Day One because it's vague, overreaching and a clear violation of both the Second and Fifth Amendments. This ruling affirms that Americans have the right to manufacture firearms at home and that the ATF can't unilaterally rewrite what Congress defined as a firearm.

Striking down this rule puts untraceable, unserialized firearms back on the streets, handing prohibited persons an easy workaround to background checks. Between 2017 and 2023, ghost gun recoveries by law enforcement surged over 1,500%, and the federal rule had finally started slowing that growth. SCOTUS already upheld this common-sense regulation. Dismantling it now is a serious blow to public safety.

Striking down this rule puts untraceable, unserialized firearms back on the streets, handing prohibited persons an easy workaround to background checks. Between 2017 and 2023, ghost gun recoveries by law enforcement surged over 1,500%, and the federal rule had finally started slowing that growth. SCOTUS already upheld this common-sense regulation. Dismantling it now is a serious blow to public safety.

Judge Strikes Down Biden-Era ATF Ghost Gun Rule

Judge Strikes Down Biden-Era ATF Ghost Gun Rule

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Judge Strikes Down Biden-Era ATF Ghost Gun Rule

Judge Strikes Down Biden-Era ATF Ghost Gun Rule

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