Texas to the ATF: The short version. The long version: The ATF pulled a total bitch move and filed to have the case dismissed. No you don't get to unkick the hornets nest after you already kicked it and the hornets are coming from everywhere. There's no way the ATF can win. Their prior bitch move was to say "silencers aren't firearms" after making a law that made them firearms since 1934, there's no way to walk that one back.