Federal Judge: ATF’s ‘Frame and Receiver Rule’ Unconstitutional

A federal district court judge in Texas ruled Tuesday that the Biden-era “Final Rule” on Frames and Receivers as defined by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is unconstitutional under the Second Amendment and Due Process Clause of the Fifth Amendment.

The case is known as Defense Distributed v Blanche (formerly known as VanDerStok v. Bondi).

In his 29-page ruling, Chief U.S. District Judge Reed O’Connor at the U.S. District Court for the Northern District of Texas writes, “The Final Rule does not merely lack supporting analogues. It contradicts the actual historical tradition of personal gunsmithing. Self-manufacture of firearms in America was common and indeed foundational to establishing our Nation…

“Thus, the Court ENJOINS Defendants from enforcing 27 C.F.R. § 478.11 and 27 C.F.R. § 478.12(c) against Defense Distributed, SAF, or any of SAF’s current or future members with respect to Defense Distributed’s M1911 80% Frames and G80 Build Kit, Unfinished Receiver, and Grip Module.”

According to a Second Amendment Foundation (SAF) news release announcing the ruling—SAF was a plaintiff in the case—”The court declared the rule unconstitutional as applied to all SAF members and issued a permanent injunction protecting Defense Distributed and current and future Second Amendment Foundation members as it relates to the specific gun kits involved in the case. SAF and its partners filed for a motion summary judgment in April of this year, which today, the Court granted.”

A jubilant SAF founder and Executive Vice President Alan Gottlieb stated, “It was obvious from the outset that the Biden ATF’s definition of a ‘firearm’ was intentionally vague and provided no clear guidance to the average law-abiding American as to what was actually legal.

“As it stood previously,” he continued, “the updated definition, in essence, made a law-abiding citizen a criminal for nothing more than owning a piece of plastic that could be converted into a firearm. That isn’t how it works. Congress set the definition and the ATF can’t unilaterally trump up a revised version to suit their political agenda. The ruling also affirms that you are indeed allowed make firearms in your own home without fear of prosecution.”

In his ruling, Judge O’Connor—a 2007 George W. Bush appointee—criticized the ATF’s Final Rule for using “abstract and vague language.”

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Intruder killed, homeowner injured in East Fort Worth shooting

FORT WORTH, Texas – A shootout inside an East Fort Worth home Saturday afternoon left one man dead, and a resident hospitalized with gunshot wounds, police said.

What we know:

The shooting happened at 3:30 p.m. on Misty Glenn Court, located near Interstate 30 and East Loop 820.

According to Fort Worth police, a resident returned home to find an intruder inside the house. A physical fight broke out between the two men, and both drew firearms and shot at each other. Both men were struck during the gunfire.

The intruder died at the scene. The Tarrant County Medical Examiner’s Office has identified him as 29-year-old Darius Levy.

The resident who lives in the home was taken to a local hospital for treatment. Information on his condition was not immediately available. His identity has not been released.

Investigators said Levy had an active protective order filed against him connected to another resident of the home, but not the resident involved in the fatal shooting.

Neighbors reported hearing an altercation coming from the home shortly before the gunshots rang out.

What’s next:

Detectives are continuing to investigate the incident. No formal charges have been announced.

Liberalizing concealed carry laws won’t lead to a return to the Wild West – though it wouldn’t be bad if it did. … in 19th Century cattle towns, homicide was confined to transient males who shot each other in saloon disturbances. The per capital robbery rate was 7% of modern New York City’s. The burglary rate was 1%. Rape was unknown. — David Kopel