Chief U.S. District Judge Reed O'Connor ruled Monday that key provisions of the Biden administration's 2022 regulation targeting so-called "ghost guns" violate both the Second Amendment and the Fifth Amendment's Due Process Clause, delivering a major victory to gun rights organizations that have fought the rule for more than four years.

The 29-page opinion permanently bars enforcement of the Bureau of Alcohol, Tobacco, Firearms and Explosives' "frame or receiver rule" against Defense Distributed, the Second Amendment Foundation, and their members. The regulation attempted to classify unfinished firearm components and build kits as firearms requiring serial numbers and background checks.

Constitutional Violations Found

Judge O'Connor, a George W. Bush appointee presiding over the Northern District of Texas, found that the ATF regulation exceeded constitutional boundaries on multiple grounds. The court determined that requiring serial numbers and Federal Firearms Licenses for unfinished frames and receivers infringes on Second Amendment rights to keep and bear arms.

Additionally, the ruling declared portions of the regulation unconstitutionally vague under the Fifth Amendment, finding that the ATF's definition of what constitutes a regulated firearm component failed to provide adequate notice to gun owners and manufacturers about what conduct is prohibited.

"The Final Rule is unconstitutional under the 2nd Amendment and void for vagueness under the Due Process Clause of the 5th Amendment," O'Connor wrote in his decision granting declaratory relief to the plaintiffs.

Background on Ghost Gun Regulations

The Biden administration implemented the frame-and-receiver rule in April 2022, expanding the definition of what the government considers a "firearm" under federal law. The regulation required sellers of unfinished frames, receivers, and gun-building kits to serialize the components, maintain transaction records, and conduct background checks on purchasers.

Ghost guns—firearms assembled from unfinished components that lack serial numbers—have been a focal point of gun control advocates who argue the weapons are difficult for law enforcement to trace. The ATF estimated that approximately 24,000 ghost guns were recovered at crime scenes in 2021, representing a 1,000 percent increase from 2017.

The Supreme Court weighed in on the regulation last year in Garland v. VanderStok, allowing the rule to remain in effect on statutory grounds while the constitutional challenges proceeded in lower courts. That decision addressed whether the ATF had statutory authority to classify certain components as firearms but did not resolve the Second Amendment questions now decided by O'Connor.

Plaintiffs Celebrate Ruling

The Second Amendment Foundation, which joined Defense Distributed in bringing the challenge, hailed Monday's ruling as a significant win for gun rights. Defense Distributed, founded by Cody Wilson, has been at the forefront of legal battles over 3D-printed firearms and unregulated gun manufacturing since 2013.

"There is no Second Amendment right to buy or sell an untraceable ghost gun kit without a background check. This decision is egregiously wrong, and we expect the Justice Department to promptly appeal," countered Eric Tirschwell, executive director of gun control advocacy group Everytown Law.

The Justice Department has not yet announced whether it will appeal the decision to the Fifth Circuit Court of Appeals. The ruling applies only to the named plaintiffs and their members, meaning the regulation remains in effect for others unless a broader injunction is issued or the decision is applied more widely on appeal.