Defense Distributed Wins A Preliminary Injunction Against ATF’s “Ghost Gun” Rule

3D Printed Ghost Guns
Defense Distributed Wins A Preliminary Injunction Against ATF’s “Ghost Gun” Rule

A Northern District of Texas Federal judge issued a preliminary injunction against the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) attempt to regulate unfinished frames and receivers.

In 2021, President Joe Biden ordered the ATF to issue new rules surrounding unfinished firearms frames and receivers, known colloquially as 80% frames and receivers. The ATF refers to these items as privately made firearms (PMF). Anti-gun groups and politicians call these items “ghost guns” because they do not include serial numbers and require the end user to finish the item before it can fire.

In April 2022, President Biden unveiled the new rules designating those complete kits or any combination of parts to be firearms. This determination prevented companies from selling unfinished frames and jigs together. Last December, the ATF issued a letter once again redefining firearms to include polymer blank frames. The ATF issued this letter after pressure from members of Congress, the President, and anti-gun groups to close the “ghost gun loophole.”

Several lawsuits across the country challenged the legality of the Final Rule. One such case is VanDerStok v. Garland. Several companies, Jennifer VanDerStok, and the Firearms Policy Foundation, brought the case. The Second Amendment Foundation (SAF) and Defense Distributed, best known for its Ghost Gunner desktop CNC machines, were two of the entities to intervene in the case.

Defense Distributed and SAF claimed that the ATF overstepped its power and violated the Administrative Procedures Act (APA) because the Bureau failed to consider relevant factors and data when issuing the Final Rule. Judge O’Connor agreed with the plaintiffs’ accusations and found they would likely succeed on the case’s merits.

The company was also able to prove irreparable harm. Irreparable harm is when a person or company is caused harm that cannot be repaired financially. Judge O’Connor found that Defense Distributed ran the real risk of being dissolved because of the Final Rule. The money lost would most likely not be recoverable because the defendants enjoy sovereign immunity, which protects them from paying damages. The government tried to claim that Defense Distributed’s descriptions of its products were too vague for a court to conclude that the company would suffer irreparable harm. The judge didn’t buy the government’s argument.

Defense Distributed is a member of the Firearms Policy Coalition (FPC). Once it became clear that FPC being part of the case would not protect them from the Final Rule, the company filed to intervene in the case. The government tried to claim that since Defense Distributed waited nine months before intervening in the lawsuit proved that a preliminary injunction was unnecessary. The court accepted Defense Distributed’s explanation.

SAF celebrated the win. This case is just one of many cases around the country pushing back against Government overreach. Due to the government abusing its power and the Bruen decision, gun control laws and rules are being struck down in every corner of the nation.

“We are pleased with the Court’s ruling, which correctly finds we are likely to succeed on our claims,” said Adam Kraut, SAF’s Executive Director. “Judge O’Connor agrees that ATF’s final rule expanded the agency’s authority over parts that may be ‘‘readily converted’’ into frames or receivers, which surpasses the authority granted by Congress. Even more compelling is that the judge agrees that ATF’s Rule unlawfully treats parts kits as firearms. It is refreshing to see rogue administrative agencies being reined in by the checks and balances of our system of government.”

AmmoLand News spoke to the founder of Defense Distributed, Cody Wilson. Mr. Wilson stated that he believes that the ATF is doing the bidding of Gilfords and Everytown. He was happy with the judge’s decision but thinks this is only the beginning of the death of the Final Rule.

“This is not just a blow to ATF, who pushed a new definition of ‘‘firearm’’ at their peril,” Wilson told AmmoLand “It is also a defeat for Giffords, who were the agents of this illegal attempt to expand the Gun Control Act through the APA process. Their lobbying and regulatory laundry has now spectacularly backfired, and I’m going to personally send them a card and fruit basket.”

The injunction enjoins Defense Distributed, its employees, and its customers from the Final Rule. Defense Distributed is the latest of many companies now protected from the threat of criminal prosecution.


About John Crump

John is a NRA instructor and a constitutional activist. John has written about firearms, interviewed people of all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons and can be followed on Twitter at @crumpyss, or at www.crumpy.com.

John Crump

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gregs

this is a good demonstration of the danger of big government, especially unelected bureaucratic government agents, a.k.a. deep state. laws are supposed to be made in congress, where the elected representatives of the people do the work and can be un-elected if they do not do what their constituents want. it is nearly impossible to get a government agent removed from their job. congress has abdicated its authority to the deep state so they can fundraise for the next election cycle and not get their hands dirty on these onerous rules dictated by the deep state. with this and several… Read more »

warfinge

Yeah and then ask for money to “Continue the fight”…

Green Mtn. Boy

Exactly,please send money.

StLPro2A

“Yeah and then ask for money to “Continue buying suits, paying trollop rent, looting coffers, stealing 2A defender valor,…..”… there, fixed it for you.

Montana454Casull

Drill , cut , grind , FJB and the ATF keep those CNC machines running .

Roland T. Gunner

I would tread carefully Cody; you know first hand that they will set you up and manufacture whatever evidence and circumstances they want, to retaliate.

Wild Bill

That is true. I remember when I was in high school (in a previous millennium) reading about a Indiana highway patrolmen that ATF accused of having a full auto pistol. His attorney forced the ATF lab tech, in open court, to admit that the gun would not fire full auto until the ATF lab techs modified it. ATF has a long history of manufacturing evidence.

Roland T. Gunner

Yes they do. And they jammed up Cody Wilson a few years ago when he crossed them.

Logician

But his magic Get Out Of Jail For Free Card, is to simply demand to see where it is in writing, that he will actually GET a fair trial!! It is totally impossible to get one in a legal system that is 100% corrupted! Since we don’t have that guarantee, then that means every trial is a scam that is set up and run to extort some kind of wealth/property from us!! Can anybody prove me to be wrong there? No one has yet!! Oh, I get called lots of names and my character and intelligence denigrated all of the… Read more »

Tionico

am I miss-remembering or is this Cody the same one that got himself snared in a honey pot operation with VERY suspicious origins?

Arizona

Surprised I haven’t got an email claiming just that already!

RepealNFA

I thought we defeated this kind of shit in 1776

Logician

Since when has any serial number that was put on ANYTHING ever kept it from being stolen or misused? Vehicle thefts and misuses happen every day, and each one of them has a unique identifying number on it! So what good are those numbers? And unless you have the serial number officially recorded somewhere, who can prove that they are the real owner of it? And if it was bought with stolen funds, it rightfully belongs to the one whom the funds were stolen from to make the purchase! And just what EXACTLY is a “firearm” anyway? It is a… Read more »

Tionico

Ive a fun story on the uselessness and usefulness of serial numbers. Tiny town in NOrthern California, I was deep into working on the English cars of the time, 1960’s and 70’s. Neighbur’s kid claimed the red Mini in their driveway was his, he couldn’t make it run and wanted to sell it.How much? Seventy five dollars. Sure…. we pushed it up the block into my place and nestled it in between a couple of other hulks. I handed him the six bits and told him to bring me the title when he got a chance. Fine. A week or… Read more »

Norm

The first time I read the words “ghost gun” was on this blog. Someone who had finished a frame called it that. We did it to ourselves, guys.

I’ve done a couple, starting with a Tannery Shop 80% frame. Softest aluminum I’ve ever worked with. Even a plastic AR 80% is harder.

The other Jim

“Defense Distributed is a member of the Firearms Policy Coalition (FPC). Once it became clear that FPC being part of the case would not protect them from the Final Rule, the company filed to intervene in the case.”
FPC is involved in other important 2nd. Amendment Legal Challenges.(Challenges.https://www.firearmspolicy.org/legal)
What is the reason the Firearms Policy Coalition gave for not wanting to pursue this important issue?

DIYinSTL

Read the article more carefully. FPC is involved, with the VanDerStok case. Because injunctions against the ATF in that case would not cover DD, they needed a new case.

The other Jim

DIYinSTL put a negative but responded. They dinged my e-mail so I came back here to see 5 red negatives?

Who are the other 4 negative voters? What is it with the other 4…can’t control yourselves? You see that negative in red blaring out at you, and you have an overwhelming compulsion to add to it?
I asked a question, let me know I made a small error.

Tionico

Pay no mind to the up/down votes. We KNOW there are abundant trolls and plants lurking here, making a charade out of the votes. Ignore them. They have no real value. I don’t even know why they continue.

The other Jim

Your right, probably a small group of Anti-Second Amendment trolls that crawl in once in a while to fraction the soldarity.

flyingRich

Who is this John Crump and why would anyone trust him?

Hazcat

He’s just jealous because you have hair. 😉

Stag

Well, I’m kinda jealous he has hair…

DIYinSTL

Ah, sarcasm? That’s not always recognized on this site.

totbs

If one has never watched one of Crump’s podcasts, how would someone know who “Rich” is, or whether it’s sarcasm or not?

Tionico

Ah, yes.. life on the edge………. nuthin like it.