Fifth Circuit Court Rules Against Biden’s ATF In Ghost Gun Case 

The Fifth Circuit has partially granted, but essentially denied, the government’s motion to cancel a district court’s injunctions in the Firearms Policy Coalition’s lawsuit (VanDerStok v. Garland) challenging the Bureau of Alcohol, Tobacco, Firearms and Explosives’ “frame or receiver” rule. The injunctions will now only apply to two plaintiffs in the lawsuit.

LEGAL ALERT: The Fifth Circuit has partially granted the government’s motion to vacate the district court injunctions in our lawsuit challenging the ATF’s frame or receiver” rule, saying the injunctions will no longer apply to non-parties: https://t.co/qcBmmWGKrv pic.twitter.com/cw1VBeAMs3

— Firearms Policy Coalition (@gunpolicy) October 2, 2023

The case involves so-called “ghost guns,” weapons that are sold in ready-to-assemble kits. President Biden has pushed hard to require background checks and serial numbers for buying sets of gun parts under the pretext that these are ‘readily convertible’ and, therefore, firearms. The ruling today means the plaintiffs, Defense Distributed and Blackhawk Manufacturing Group (incorporated, doing business as 80 Percent Arms), can sell every kind of ghost gun kit to their customers while the courts review ATF’s 98-page rule. 

“Fourth and finally, courts should be able to review ATF’s 98-page rule, and the decades of precedent it attempts to change, without the Government putting people in jail or shutting down businesses.” pic.twitter.com/phiuw83BNV

— Firearms Policy Coalition (@gunpolicy) October 2, 2023

Since the plaintiffs, Distributed and Blackhawk Manufacturing, were the only ones permitted to sell ghost gun kits, this essentially grants them a monopoly on selling the kits nationwide. The government, by implementing this rule, has essentially crushed the industry. But they’ve now inadvertently established a monopoly in the process.

Defense Distributed founder Cody Wilson explains more on this:

“These are the kinds of accidents integral to Executive and agency overreach in the federal courts. Should have stayed out of the People’s business. Someone will have to break the bad news to Kamala and her lackeys in the new WH Office of Gun Violence Prevention.” 

Vice President Kamala Harris isn’t even two weeks into her new role as ‘Gun Czar’ and has already been delivered a blow as Biden’s war on guns has been squarely pointed at ‘ghost guns.’ 

Remember this: 

It’s likely that anti-gunner organizations like Giffords and Everytown and their billionaire backers like Michael Bloomberg will be displeased with Defense Distributed being allowed to sell ghost gun kits again.

Here is constitutional attorney Mark W. Smith breaking down what happened today: 

Since this is a ruling in favor of the Second Amendment, we doubt Reuters, Bloomberg, and or any other left-leaning corporate media outlets will be reporting on this.