Texas judge strikes down ATF ghost gun rule — 3D-printed parts escape federal regulation

A Texas federal judge has ruled that key sections of the Bureau of Alcohol, Tobacco, Firearms and Explosives' 2022 "ghost gun" rule are unconstitutional. The regulation expanded the definitions of "firearm" and "frame or receiver" to cover weapon kits and partially completed components, requiring sellers to obtain federal licenses, add serial numbers, retain sales records, and conduct background checks.

The permanent injunction blocks enforcement of those provisions against Defense Distributed and current or future members of the Second Amendment Foundation. It covers the company's M1911 80% frames, G80 build kit, unfinished receiver, and grip module.

The decision carries significant implications for 3D-printed parts. Under the rule, a printed, forged, cast, extruded, or unmachined body can become a regulated frame or receiver once it is "clearly identifiable" as an unfinished firearm component. That threshold formed the basis of Judge Reed O'Connor's Fifth Amendment ruling.

The ATF weighs eight nonexclusive factors — including time, ease, expertise, equipment, expense, parts availability, scope, and feasibility — to determine whether an item can "readily" be completed into a functional firearm. O'Connor said the rule fails to establish when a piece of metal or plastic crosses the line into becoming a firearm. It leaves people guessing whether a printed or machined part is regulated while giving the ATF too much enforcement discretion.

The judge ruled that the definitions are void for vagueness under the Fifth Amendment's Due Process Clause. He also found that the restrictions violate the Second Amendment by limiting access to firearms. The decision is a major setback for the Biden administration's efforts to regulate unserialized, privately made firearms, often called ghost guns, which have been linked to an increasing number of crimes. The ATF had argued that the rule was necessary to close a loophole allowing unlicensed manufacture and sale of weapons without serial numbers. Defense Distributed, which sells digital files for 3D-printed guns, has long fought federal regulation, arguing that the government cannot restrict the distribution of information.