Federal judge strikes down ATF ‘ghost gun’ rule for 3D printed parts — says restrictions violate Fifth Amendment and historical tradition of DIY gunsmithing

Judge Reed O’Connor of the U.S. District Court for the Northern District of Texas just shot down an ATF ruling requiring part kits that can readily be converted into functional weapons, frames or receivers, to be subject to the same regulations as complete guns. The case has a dramatic impact on the 3D printer market, as several states, including California, Colorado, New York, and Washington State, are taking action against ghost guns by putting bans and limitations on 3D printers. According to The Hill, the judge said that the rule “contradicts the actual historical tradition of personal gunsmithing” and its vagueness violates the Due Process Clause of the Fifth Amendment.

“After the Revolutionary War, ‘gunsmithing was a universal need in early America, [and] many early Americans who were professionals in other occupations engaged in gunsmithing as an additional occupation or hobby.’ Id. at 66. ‘Regulations on self-built arms are not longstanding. In fact, there were no restrictions on the manufacture of arms for personal use in America during the seventeenth, eighteenth, or nineteenth centuries.’ Id. at 78. Thus, the Court cannot conclude that the Final Rule’s imposition of ambiguous and far-reaching regulations, which would restrict access to component parts thereby inhibiting home gunsmithing, comports with the Second Amendment,” O’Connor wrote in his legal opinion [PDF].