On August 17, 2026 yet another U.S. District Court in Texas has made a major 2A holding, this time finding federal ATF written and implemented “Ghost Gun” regs too vague and improper. This makes three big cases out of Texas since June, and all are very pro-Second Amendment rulings.

Defense Distributed v. Blanche centers on a Biden era 2022 Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) self-generated rule which announced federal regulation of firearm frames and, receivers (like the very popular 80% finished kits), and so-called “buy-build-shoot” kits, often referred to by critics as “ghost guns.” They were called ghost guns, because citizens could build them at home without government tracking or FFL regulations.

Plaintiffs and 2A academics complain ATF came up with this rule ostensibly directed by the Biden White House and published the new rule/law in the Federal Register without it being an actual law voted on by congressional legislators.

On the GOV side, ATF argues unfinished firearm components can be easily converted into working firearms and therefore should be regulated. Opponents contend that the rule exceeds statutory authority and infringes on constitutional protections and historic traditions of Americans being able to build their own firearms going as far back as the revolutionary days.

U.S. District Judge Reed O’Connor concluded some of the ATF administratively enacted rules were unconstitutional under the Second Amendment and also violated due process principles because the rule was impermissibly vague. The court granted summary judgment in favor of the plaintiffs.

The decision granted an injunction preventing federal authorities from enforcing the rule against the named plaintiffs. The ruling did not automatically eliminate the rule nationwide and that individuals not participating in the lawsuit remained subject to the regulation unless broader judicial action occurred.

For advocates of gun rights, this case can be seen as an important victory against what they view as administrative overreach by ATF and an unconstitutional restriction on lawful firearm activity and too vague to meet due process requirements. The case is being appealed to the U.S. Court of Appeals for the Fifth Circuit.

The other two Texas U.S. District Court cases this summer included limiting ATF’s “Engaged in Business” Rule in June, and in August the NFA requirements being found unconstitutional related to taxing and regulating suppressors and short barreled arms when there is no actual tax being collected.

GOBBLESS TEXAS

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