Personal Gunsmithing Back on the Menu after Biden-Era Law Ruled Unconstitutional
Federal judge blocks a controversial Biden-era ATF ruling, restoring Second Amendment rights to law abiding Americas.
A federal judge in Texas has dealt a devastating blow to one of the Biden administration's prominent gun control policies—ruling "ghost gun" regulation unconstitutional.
The ruling, by U.S. District Judge Reed O'Connor, restored a fundamental right to gunsmithing, representing the latest victory for the Second Amendment in the fight against federal overreach. Earlier in August, U.S. District Judge James Wesley Hendrix ruled that requiring registration for suppressors and short-barreled rifles (SBRs) violates the Second Amendment of the U.S. Constitution.
"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.
Four days after O'Connor's ruling, the 9th U.S. Circuit Court of Appeals in San Francisco voted 3-0 to reverse a lower court ruling and throw out a legal challenge by gun control advocacy group Giffords. The group argued that more regulation is need for ghost guns—even saying the Biden-era rule was not strong enough.
Correcting Biden's Errors
A "ghost gun" is a firearm made by someone other than a licensed manufacturer that does not have a manufacturer-applied serial number, according to the Bureau of Alcohol, Tobacco, and Firearms (ATF).
In 2022, the Biden administration finalized an ATF regulation known as the Definition of "Frame or Receiver" and Identification of Firearms rule. The intent—to address privately made firearms and firearm kits that lacked serial numbers, which could make it difficult for law enforcement to trace.
Second Amendment advocates immediately contested the rule, as the ATF is a regulatory agency and does not hold the authority to enact new laws without congressional approval. The rule also created significant areas of ambiguity as it struggled to define when a firearm part, in the presence of another part, became a firearm.
Due to this ambiguity, Judge O'Connor also ruled that the final rule created a Fifth Amendment due-process problem.
Curbing Infringement
Second Amendment advocates are on a generation-long run during the Trump administration—the ghost gun ruling is just the latest in a long line of decisions restoring Second Amendment rights for American citizens.
In February 2025, President Donald Trump signed Executive Order 14206 aimed at "Protecting Second Amendment Rights." The order directed the Attorney General to review federal actions from the Biden administration involving firearms.
In April 2025, former Attorney General Pamela Bondi announced the creation of a DOJ Second Amendment Task Force. The task force would go on to investigate numerous gun control laws around the country. In July 2025, Trump signed the One Big Beautiful Bill Act, which removed the $200 tax on suppressors and SBRs.
This move would later snowball into a federal judge ruling that the National Firearms Act (NFA) of 1934 no longer passes constitutional muster since it was a tax-based registry—and that tax no longer exists.
In June 2026, Virginia's assault weapons ban did not take effect after a Washington County judge ruled that several local injunctions applied statewide. After the decision, the Supreme Court announced that it would take up the case to decide the fate of so-called "assault weapons" nationwide.
With each passing day, the Second Amendment continues to return closer to the vision of the Founders. As gun control laws continue to fall, Americans regain the natural right to self-defense and step closer to the true goal of safeguarding the republic from tyranny.
MORE COVERAGE FROM RESTORATION NEWS
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Are You Tired Of Winning Yet: Judge Overturns Portion of National Firearms Act of 1934 as Unconstitutional
2nd Amendment In Action: Armed Civilian Stops Active Shooter, Once Again Proving Good Guys with Guns Matter
More To Come: Supreme Court to Decide Fate of Assault Weapons Bans—Why It Matters
Universal Rights Are Universal: Why the Second Amendment Exists—and Why Gen Z Needs to Understand It
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