The Second Amendment Foundation (SAF) and Defense Distributed have officially filed a motion for summary judgment in their ongoing legal battle against the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
The case, Defense Distributed v. Blanche, targets a 2022 federal rule that expanded the definition of a “firearm” to include precursor parts and non-functional objects often used to build weapons at home.
The conflict centers on the ATF’s “Final Rule,” which was introduced in April 2022 under the Biden Administration. The rule classifies certain non-functional parts as firearms if they can be manufactured into functional frames or receivers.
SAF argues this move directly contradicts the Gun Control Act of 1968, which was established by Congress to define what does and does not constitute a firearm. According to the motion, the ATF’s re-definition creates a “practical ban” on the private manufacture of firearms, a practice the plaintiffs describe as a protected tradition.
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“This rule was one of the primary attacks by the Biden Administration on the ability of peaceable citizens to acquire arms,” said Bill Sack, SAF’s Senior Director of Legal Operations. “Self-manufacturing firearms for personal use is a time-honored tradition that countless citizens still practice, and one that is entirely legal under federal law. The frame and receiver rule that we have challenged here was promulgated with the goal of making self-manufacture so legally confusing as to dissuade Americans from exercising their rights.”
The legal journey for this case has been long. SAF first intervened in the litigation back in December 2022, when it was known as VanDerStok v. Garland.
While the Fifth Circuit Court of Appeals previously vacated parts of the ATF rule, the Supreme Court only addressed a small portion of the lawsuit following a Department of Justice appeal. This new motion for summary judgment is intended to address the remaining legal claims that have yet to be settled.
SAF founder and Executive Vice President Alan M. Gottlieb noted that while the organization would prefer the current administration to rescind the rule, they are prepared to see the case through.
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“Unless and until the ATF acts of its own accord, we have a duty to our members and supporters to push these claims full steam ahead,” Gottlieb stated. “The rule as it stands has major legal infirmities that need to be aired out in court if the rule is going to be left in place as written.”
The motion was filed in the Northern District of Texas, where the court will now decide whether to grant a judgment on the legality of the ATF’s expanded definitions without a full trial.
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