May 18th, 2026
Wiley Law
By Michael D. Faucette
The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) published a proposed rule on May 6 that would amend 27 C.F.R. § 479.105 to streamline and clarify the regulatory framework governing the transfer, manufacture, and possession of post-May 19, 1986 (post-86) machine guns by qualified manufacturers, importers, and dealers operating under the National Firearms Act (NFA). Wiley has advised and advocated on behalf of clients regarding this proposed regulatory revision.
ATF has invited interested parties to submit comments on this proposed rule. Submissions are due on July 6, 2026.
Background
Under 18 U.S.C. § 922(o), the transfer and possession of machine guns registered after 1986 is generally prohibited, subject to limited exceptions for transfers to or by, or possession by or under the authority of, the United States, a federal agency, a state, or a state agency or political subdivision. The proposed amendments to 27 C.F.R. § 479.105 are intended to better align existing regulations with plain language of 18 U.S.C. § 922(o), reduce administrative burden, and clarify several regulatory practices that have created recurring compliance issues for industry participants.
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