A federal judge in Texas ruled on Monday that a 2022 regulation targeting "ghost guns"—firearms typically assembled from kits without serial numbers—is unconstitutional. U.S. District Judge Reed O'Connor in Fort Worth determined that the measure violates the Second Amendment's right to keep and bear arms and the Fifth Amendment's due process guarantees. The ruling blocks the federal government from enforcing the restrictions against the manufacturer Defense Distributed and members of the Second Amendment Foundation regarding specific products.
The regulation, originally adopted during the administration of former President Joe Biden, requires manufacturers of firearm kits and parts to mark products with serial numbers, obtain licenses, and conduct background checks on buyers. While the U.S. Supreme Court upheld the measure in a 7-2 ruling in March 2025, that decision focused on whether the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) had the statutory authority to issue the rule. Judge O'Connor’s new ruling addresses constitutional arguments that the Supreme Court did not resolve in the previous case.
In his opinion, O'Connor stated that the rule infringes on the right to make or repair personal firearms, noting that "self-manufacture of firearms in America was common and indeed foundational to establishing our Nation." The Second Amendment Foundation's executive director, Adam Kraut, spoke in favor of the decision, while Eric Tirschwell of Everytown Law characterized the ruling as "egregiously wrong" and stated his expectation that the Justice Department will appeal. The Justice Department, which has defended the rule under the administration of President Donald Trump, did not immediately comment on the ruling.
The scale of the impact involves the national market for "ghost gun" components, which the 2022 rule had sought to bring under the same regulatory framework as standard commercial firearms. Under that rule, a purchaser would notice the same procedural requirements at a kit manufacturer as they would at a traditional gun store, including federal background checks. This ruling pauses those requirements for the named plaintiffs, potentially setting a precedent for how the Second Amendment applies to "personal gunsmithing" and the assembly of firearms from unregulated parts.
If the ruling stands or is expanded, it could affect the ATF's ability to track firearms used in crimes, as the lack of serial numbers makes weapons difficult to trace. The Justice Department, despite serving under an administration generally supportive of expansive gun rights, has continued to defend the rule in court to maintain federal oversight of kit manufacturing. Legal proceedings will continue as the case likely moves toward a federal appeals court; Everytown Law has already called for a prompt appeal by the government to reinstate the restrictions.
Next steps for the case include a potential appeal by the Justice Department to the U.S. Court of Appeals. The ruling currently applies specifically to the plaintiffs in this case—Defense Distributed and members of the Second Amendment Foundation—rather than a nationwide injunction, though it challenges the legal foundation of the 2022 regulation. No specific date for an appeal filing was reported.