In this AP file photo, homemade rifles are displayed on a table at an ATF field office in Glendale, California. (AP Photo/Jae C. Hong, File)

The anti-gun group Giffords, founded by former Congresswoman Gabby Giffords, following her recovery from being shot by a deranged gunman in Tucson, Arizona, in 2011, has won a court victory against what her organization sees as a loophole in the ATF’s ghost gun rules that allowed AR ghost gun parts to be treated differently than other gun parts. The ruling effectively forces the ATF to now treat those exempted AR parts as firearms. The move could have extended reach in how some AR parts are sold and made available to gun owners.

The legal arm of the organization, the Giffords Law Center, along with California Attorney General Rob Bonta won the suit filed in the U.S. District Court for the Northern District of California.

“ATF took an important step last year to stem the flow of untraceable ghost guns. However, critical loopholes still exist in ATF’s current rule” says David Pucino, legal director and deputy chief counsel for the Giffords Law Center. “We brought this lawsuit to close those dangerous loopholes that left AR-platform ghost guns on the market, and we applaud the court’s decision ordering ATF to address them. This is a big win for public safety.”

It wasn’t a 100 percent win for Giffords and California, but the court did find that the ATF “acted arbitrarily and capriciously” in determining what constituted a firearm or not.

In its ruling, the court wrote:

Currently pending before the Court are the parties’ cross-motions for summary judgment. An amicus brief has also been submitted in support of Plaintiffs’ motion. The issues pending before the Court are: (1) whether Plaintiffs have standing to pursue this case and (2) whether ATF’s determinations related to certain AR-type partially complete receivers violate the APA (Administration Procedure Act), either because the determinations are contrary to the plain text of the GCA (Gun Control Act) or because they are arbitrary and capricious. Having considered the parties’ briefs and accompanying submissions, the Court hereby GRANTS in part and DENIES in part Defendants’ motion and GRANTS in part and DENIES in part Plaintiffs’ motion. The Court finds that there is no genuine dispute of material fact that Plaintiffs have standing. The Court further finds that ATF acted arbitrarily and capriciously with respect to its categorical determinations that AR-type partially complete receivers that are not indexed or machined and not sold with, e.g., a jig or tools are not firearms for purposes of the GCA. In other respects, the Court finds that the regulations are not arbitrary and capricious.

For the complete 46-page ruling, click here.

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23 COMMENTS

  1. Wait a minute here. Is this one of those cases where the government and the plaintiff are playing footsie under the table to get a rule that an incomplete lower is “a firearm”, even if it has not been machined? This is just like the bill proposed in California (later withdrawn) that could have categorized a block of aluminum as a “firearm.” Of course, no one will appeal, notwithstanding that this flies in the face of due process as the adverse parties–gun builders and gun rights groups–had no participation (and probably no notice that would have given them an opportunity to intervene), and I think they have no right to appeal either.

    • Would it set up a fairly rapid circuit split if other regions played similar games with less silly outcomes? Assuming of course it went above district level.

      • RE: “Administration Procedure Act), either because the determinations are contrary to the plain text of the GCA (Gun Control Act) or because they are arbitrary and capricious”

        Based on its diabolical History that rivals Slavery Gun Control needs to be Abolished. As long as there is a Gun Control Act on the books there might as well be a swastika and noose hanging on the doors of the US Congress.

        Rest assured no one entered the aforementioned into record for the court. Once again the Gun Control Act skates by without a scratch.

        • You managed to not answer SAFEupstateFML’s legitimate question about a potential circuit split, and polluted TTAG yet again with you constant brain-dead inane prattle.

          Jesus H. Christ, will you just give it up an shut the fvck up for once? We’re TIRED of your endless BS… 🙁

  4. Everyone involved in this case should just gather in a circle and flip off everyone else. Thereby leaving the regular citizens alone. This was not a ‘ruling’, this was a bad joke. Fuck ’em all.

    • In California you certainly can–unless it is a close family member, in which case you’d have some ‘splainin’ to do. Any one “breaking and entering” your home is presumed to present a risk of imminent severe bodily injury or death.

      • That really surprises me about Cali, how good they are on ‘Castle Doctrine’.

        Florida is as well, with a sweet bonus, when in your vehicle, that’s also your castle, so car-jackers beware.

        If you have an attached carport, under that is also your domicile, as a 15 year-old found out the hard way, when he thought it was a good idea to break into a car under a carport… 🙂

  7. A burglary attempt at a residence in Upper Deerfield Township on the evening of February 19, 2024, ended tragically with a gunshot victim succumbing to his injuries and the arrest of a local man on weapons charges.

    A homeowner shot and killed one man breaking into his home, but another escaped.

    Following a court-authorized search, authorities seized three handguns from the scene, including two unregistered “ghost guns.” Lucero has been charged with possession of prohibited weapons and is currently held at the Cumberland County Jail, awaiting a detention hearing set for February 26, 2024.I

    • What the hell were they doing searching the house? Did they have consent, or did they declare his entire home a “crime scene” so they could do whatever they wanted? Was the registered gun “evidence of a crime” when the homeowner shot a bad guy breaking into his house? (I don’t think so sports fans, but I don’t think there is an officer anywhere that agrees with me, notwithstanding a presumption of self defense in most states for a home invasion robbery.)

    • Some folks need to do a better job of concealing their firearms from snoopers.
      And don’t put all your eggs in one basket.
      And several of your hides should have faulty electrical wiring nearby.
      And…………..use your imagination, God gave it to you for a reason.

  8. From the ruling:

    “As for GLC, the same evidence above also supports that it has sustained an injury in fact, even if the only concern at this point is partially complete AR-type receivers. That is, the alleged loophole/exception left by the final rule is big enough that the organization will continue to have to divert resources to addressing ghost guns instead of other kinds of firearms.”

    Wow. Pretty loose determination of standing for Giffords Law Center, and I thought it was a stretch for the State to claim.

    • That is insanely loose. Especially given how standing in mag ban cases where owners had to dispose of property without compensation was considered insufficient to have standing.

  9. Dear Texas,

    Will you please pass an assault weapons law with all the evil features and ghost guns and shoulder things that go up so it can go to the 5th Circuit and we have a circuit split and the USSC can finally out a stake in the heart of this . . . Please?!?

  10. This is another consequence of allowing politicians and judges to determine, what your rights are and how you ‘may’ exercise them. After you get their permission. In spite of the Constitution.

  11. SCOTUS must discard Chevron and put these unelected departments and agencies on notice.

    Only CONGRESS has the power to create law. If congress did not specifically define what constitutes a firearm – then ATF does not have the authority to do so. No branch of government is permitted to delegate their powers to others.

    SCOTUS MUST rein in the unconstitutional administrative state to preserve our republic.

  12. I’m fairly certain that a 5th grader knows what “shall not be infringed” means. How is it possible that full grown adults don’t? The most concise, clear, plainly worded and by far the most important God given right there is, and yet the leftists continue to raise the bar on both ignorance and self righteousness. A gun is a gun, doesn’t matter what it looks like or where you get it. Doesn’t matter how many bullets it shoots when you pull the trigger, or how many it’s magazine holds. A synonym for guns is arms. Can we finally find a constitutional attorney with balls to explain this for the final time and tell these wanna be Stalin’s to go fuck off once and for all????!!!!!

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