On April 26, 2022, the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) published a Final Rule in the Federal Register changing the regulatory definition of the term “firearm.” ATF’s imaginative new definition expands the term beyond finished “frames or receivers” Congress had considered to include objects which were never considered to be firearms.
ATF’s redefinition violates the Administrative Procedures Act (“APA”) in several ways, including by defining the terms “frame” and “receiver” to encompass objects which are not firearms, along with parts kits, in direct contradiction of Congress’s definition of those terms found in the Gun Control Act.
On December 23, 2022, the Second Amendment Foundation, alongside Defense Distributed, filed an intervenor’s complaint in an existing lawsuit being litigated in the Northern District of Texas. The lawsuit asks a federal court to hold that the ATF’s new definition is unlawful, set it aside, and preliminarily and permanently enjoin the ATF from utilizing its new definition.
Brief in Support of Motion to Intervene
To view documents filed on appeal, please visit the Court of Appeals docket.
Case Team: Chad Flores
Recent Docket Activity
May 22nd, 2026
Appendix in Support filed by Bureau of Alcohol, Tobacco, Firearms, and Explosives, Steven Dettelbach, Merrick Garland, United States Department of Justice re 318 Cross MOTION for Summary Judgment
May 22nd, 2026
Cross MOTION for Summary Judgment filed by Bureau of Alcohol, Tobacco, Firearms, and Explosives, Steven Dettelbach, Merrick Garland, United States Department of Justice
May 22nd, 2026
Brief/Memorandum in Support filed by Bureau of Alcohol, Tobacco, Firearms, and Explosives, Steven Dettelbach, Merrick Garland, United States Department of Justice re 318 Cross MOTION for Summary Judgment
May 22nd, 2026
RESPONSE AND OBJECTION filed by Bureau of Alcohol, Tobacco, Firearms, and Explosives, Steven Dettelbach, Merrick Garland, United States Department of Justice re: 316 MOTION for Summary Judgment
April 24th, 2026
MOTION for Summary Judgment filed by Defense Distributed, Second Amendment Foundation Inc
April 24th, 2026
Brief/Memorandum in Support filed by Defense Distributed, Second Amendment Foundation Inc re 316 MOTION for Summary Judgment A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)
April 23rd, 2026
Record on Appeal for USCA5 26-10244 : Record consisting of: 1 ECF electronic record on appeal is certified, Notice of Manual Filing of Certified Administrative Record #106,. PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by contacting the appeals deputy in advance to arrange delivery.
