SAF Sues ATF Over Ghost Gun Rule

The Second Amendment Foundation and Defense Distributed have asked a federal court to kill the ATF's 2022 ghost gun rule without a full trial.

State of play: The ATF's "Final Rule," issued in April 2022, expanded the definition of "firearm" under federal law to include precursor parts and unfinished frames or receivers — objects that aren't yet functional weapons. SAF argues that move directly contradicts the Gun Control Act of 1968, which is Congress's statute to make, and not the ATF's to rewrite.

Catch up quick:

• SAF first entered this fight in December 2022, when the case was called VanDerStok v. Garland
• The Fifth Circuit previously vacated portions of the rule; the Supreme Court only addressed a narrow slice on DOJ appeal
• Remaining claims landed back in the Northern District of Texas, where this summary judgment motion now sits

The legal question: SAF isn't arguing that home gunbuilding is some fringe activity. Their position is that private manufacture of firearms for personal use has been legal under federal law since before there was a federal law — and the ATF doesn't have authority to effectively ban it by redefining what a "firearm" is.

"Self-manufacturing firearms for personal use is a time-honored tradition that countless citizens still practice, and one that is entirely legal under federal law." — Bill Sack, SAF Senior Director of Legal Operations

Between the lines: SAF founder Alan Gottlieb made clear the organization would prefer the current ATF administration to simply rescind the rule on its own. That they're pushing forward anyway tells you they're not holding their breath.

What to watch: The Northern District of Texas will decide whether to grant summary judgment — meaning a ruling on the law itself, no trial needed. If granted, it could vacate the rule entirely. If denied, the case continues. Either way, this is one of the cleaner legal vehicles left to challenge the ghost gun rule's statutory authority.