Texas judge rules Biden-era ghost gun restrictions unconstitutional

A federal judge in Texas has ruled that a 2022 Biden administration regulation targeting “ghost guns” is unconstitutional. U.S. District Judge Reed O’Connor determined that the ATF rule violates the Second Amendment and is unconstitutionally vague under the Fifth Amendment’s due process clause.

The regulation had sought to expand the definition of a firearm to include partially manufactured kits, requiring manufacturers to include serial numbers and conduct background checks on purchasers. While the Supreme Court had previously upheld the measure on statutory grounds regarding agency authority, Judge O’Connor’s ruling addresses the constitutional implications.

In his decision, O’Connor stated that the rule restricts access to necessary components for personal firearm repair and manufacturing, which “contradicts the actual historical tradition of personal gunsmithing.” The ruling follows legal challenges from the Second Amendment Foundation and manufacturer Defense Distributed.