Injunction in ‘Ghost Gun’ Litigation Upheld for Manufacturers

An injunction barring the government from enforcing challenged portions of a Bureau of Alcohol, Tobacco, Firearms, and Explosives rule targeting “ghost guns” against two manufacturers will stand while a challenge to the rule proceeds on appeal.

The preliminary injunction issued by the US District Court for the Northern District of Texas, however, sweeps too broadly by shielding the customers of the two companies from enforcement as well, the Fifth Circuit ruled Monday in an unpublished opinion. “The injunction cannot extend to non-party customers,” the appeals court said.

The appeals court rejected the government’s argument that the injunction conflicts with the ...