The new rules aim to streamline regulations and forms and reduce compliance burdens on Federal Firearms Licensees (FFLs) and gun owners. Once officially published in the Federal Register, the public will have the opportunity to submit comments, which ATF strongly encourages. Take note, however, this alert is based on yesterday’s unofficial announcement on ATF’s website. These rules are not yet in effect. For each Notice of Proposed Rulemaking (NPRM), the subject rule must still go through a notice and comment period before finalization and implementation. Conversely, Final Rules will be active on the stated effective date, which is usually on or soon after the publication date.

We provide you a summary of the proposed and final rules as listed on ATF’s website and organized into five groups: (1) repeal; (2) modernize; (3) reduce burden; (4) clarify; and (5) align. The accompanying descriptions are very broad, and we strongly encourage industry to carefully review each rule once published in the Federal Register and to submit substantive comments to participate and even aid in the rule drafting process. Understanding the details and the boundaries of the changes will be critical for your compliance programs. We will monitor developments closely and will follow up with more details on each proposed and final rule once published to assist in review and interpretation.

I. Repeal Group

Four rules to rescind regulatory language that exceeds statutory authority, failed judicial review, or did not achieve the intended outcomes:

1140-AA98: Removing Factoring Criteria for Firearms with Attached “Stabilizing Braces” – NPRM

Proposal to rescind the 2023 regulatory changes governing firearms equipped with stabilizing braces (codified in 27 CFR 478.11 and 479.11). The rescission is due to federal court decisions enjoining, staying, or vacating the 2023 rules and would restore the regulatory definitions to be consistent with the underlying statutory definitions. 

1140-AB01: Revising Regulations Defining “Engaged in the Business” as a Dealer in Firearms – NPRM

Proposal to rescind certain provisions of the definition “engaged in the business” of dealing in firearms and retains the definition as specifically revised and codified by Congress in the Bipartisan Safer Communities Act. 

1140-AA60: Revising Machine Gun Definition in Response to Supreme Court Decision – FINAL RULE

Final rule will remove bump stocks from the three regulatory definitions of “machine gun” pursuant to Supreme Court holding in the 2024 case, Garland v. Cargill. 

1140-AA87: Removing Youth Handgun Safety Act Notice – NPRM

Proposal to rescind 27 CFR § 478.103, thereby removing the requirement for FFLs to post a sign (ATF I 5300.1) and provide a written notification (ATF I 5300.2) to each handgun purchaser regarding the Youth Handgun Safety Act. The proposed recission would reduce an unnecessary burden on FFLs to inform purchasers about a 30-year-old law that is now readily accessible.

II. Modernize Group

Five rules to update ATF’s compliance and recordkeeping framework to reflect current technology and business practices.

1140-AA82: Revising Firearms Transaction Record, “Form 4473” – NPRM

Proposal to update the Form 4473 Firearms Transaction Record (required for all commercial firearms transfers) and the related regulations. The proposed rule would streamline identity and residency verification requirements for transferees, increase the time period for which a National Instant Criminal Background Check System (NICS) background check remains valid, clarify exceptions to background checks, permit electronic notice, and authorize the use of electronic forms, auto-population, and digital record attachments. These updates reflect modern business practices and are intended to reduce administrative burden on law-abiding citizens and businesses, while maintaining robust safeguards against unlawful transfers. 

1140-AA94: Firearms Electronic Record-keeping – NPRM

Proposal to formally authorize FFLs to electronically generate, maintain, and store required records, including ATF Form 4473 and Acquisition and Disposition records. ATF has already permitted this practice for many FFLs through blanket and individual variance authorizations. This proposal would codify that authority into regulation and standardize electronic recordkeeping across the industry, reduce the paperwork burden on licensees, and enhance ATF’s ability to support timely firearm tracing and investigative efforts. 

1140-AA95: Firearm Records Retention Periods – NPRM

Proposed new rule would replace the current requirement of indefinite retention of FFL records with definite retention periods for ATF Forms 4473 and Acquisition and Disposition records. ATF is considering retention periods of either 20 or 30 years and is requesting public comment on the appropriate timeframe for certain records. ATF also proposes a 20- or 30-year retention period for ATF’s Out-of-Business Records Center at the National Tracing Center. The proposal will introduce a 90-day retention period for records related to private-party transfers and voluntary firearm handler checks. Additionally, the proposal will include a five-year retention period for multiple sales reports, pistols and revolvers (ATF Form 3310.4), theft loss reports (ATF Form 3310.11), and Forms 4473 where the transaction is initiated but not completed. 

1140-AA61: Licensee “eZ Check” Verification for Transfers – DIRECT FINAL RULE

Final rule allows FFLs transferring firearms to other FFLs to verify the transferee’s license using ATF’s publicly available ‘FFL eZ Check’ online system rather than requiring the transferor to obtain a certified paper copy of the transferee’s license. The rule also removes an outdated and now unnecessary ‘grace period’ provision that previously allowed transferors to continue to sell or transfer firearms to an FFL listed on a certified list from multi-licensed organizations for up to 45 days after the expiration date of that licensee’s specific license. 

1140-AB05: Revising Non-Over-the-Counter Firearms Transaction Requirements – NPRM

Proposal to amend regulations to authorize “Non-Over-the-Counter” (NOTC) firearm sales by FFLs to residents of the same state. The proposed rule would allow FFLs to comply with the requirements of NOTC transactions originally implemented by the GCA and the requirements of the Brady Handgun Violence Prevention Act of 1994 more efficiently to include identification verification. This update is based on the recognition of increased options to securely verify photo identification of prospective purchasers, thereby providing greater flexibility while maintaining the rigorous identification verification and background checks required by the Brady Act.

III. Reduce Burden Group

Seven rules to eliminate administrative requirements that impose costs on law-abiding individuals and businesses.

1140-AA89: Interstate Transport and Temporary Export of National Firearms Act – NPRM

Proposal to update the administrative process for transporting lawfully registered NFA firearms within the United States. Under the proposal, individuals transporting NFA firearms for short-term purposes (365 days or fewer) would no longer be required to submit advance notice to ATF or await approval before departing. Individuals transporting NFA firearms for long-term purposes (more than 365 days) or permanent relocation would still submit notice but would not need to await ATF approval before transporting. This change to ATF Form 5320.20 (Form 20), per 27 CFR § 478.28, is intended to remove an unnecessary regulatory burden on law-abiding NFA firearm owners without affecting applicable federal, state, or local legal requirements. 

1140-AB00: Joint Registration for Spouses under the National Firearms Act – NPRM

Proposal to allow married couples to file a joint application as makers and/or transferees of NFA-regulated firearms. Under current regulations, spouses who wish to jointly possess an NFA firearm typically establish a legal trust to do so, a process that involves legal expense and administrative complexity. This proposal would allow both spouses to be registered jointly as possessors without creating a trust. Under a joint registration, the transfer of a firearm between spouses would not constitute a separate NFA transfer, reducing both administrative burden and cost for law-abiding NFA firearm owners. 

1140-AA65: Removing CLEO Notification Under the National Firearms Act – NPRM

Proposal to remove the requirement for an applicant to forward to the Chief Law Enforcement Officer (CLEO) of his or her locality a copy of their NFA application to make or transfer a firearm as well as a copy of the Responsible Person Questionnaire (ATF Form 5320.23) required to be completed. The requirement to forward these documents to CLEOs has faced sustained legal challenges and according to ATF has not achieved its intended public safety outcomes. 

1140-AA73: Clarifying Interstate Transportation of Firearms under the Gun Control Act – NPRM

Proposal to clarify regulations governing the interstate transportation of firearms by lawful owners. The proposed rule would formally recognize that common, reasonably necessary activities during travel – including overnight stops, vehicle maintenance, refueling, emergency stops, and medical treatments – are considered as a necessary part of “transport,” and are therefore covered under the Firearms Owners’ Protection Act’s interstate transport protections. The proposed rule would also update requirements for transporting ammunition and firearm accessories and clarifies requirements for securing firearms during transit. 

1140-AA75: Transferring Machine Guns Between Qualified Licensees – NPRM

Proposal to simplify regulatory requirements for machine gun transfers between licensed manufacturers, importers, and dealers in two specific, limited circumstances: 1) when demonstrating firearms to government entities, and 2) when a licensee is discontinuing a business. The proposed changes would update implementing regulations to more closely align with the authority provided by the GCA and ATF parameters established in a January 2023 Open Letter to prevent misuse of the dealer sales sample exception. 

1140-AA76: Clarifying Special (Occupational) Tax Payments Per Business Activity – NPRM

Proposal to clarify that FFLs who pay the Special Occupational Taxpayer fee under the NFA owe one SOT per business activity (manufacturing, importing, or dealing) conducted at a given location, regardless of the number of GCA licenses the FFL holds to carry out such activity at that location. 

1140-AA74: Removing Triplicate Filing Requirement for Importing Plastic Explosives – FINAL RULE

Final rule amends the regulations governing the importation of plastic explosives to remove the requirement that importers submit the required attestation in triplicate when filing a Form 6 import application. ATF’s current processing procedures do not require three copies of this document, making the triplicate requirement an administrative artifact with no current operational function.

IV. Clarify Group

Twelve revisions to resolve regulatory ambiguities and to provide licensees, applicants, and the public with clear, consistent, and actionable guidance.

1140-AA93: Firearm Activities in Foreign Trade Zones, Customs-Bonded Warehouses – NPRM

Proposal to amend the definition of “importation” in the regulations to create a parallel exclusion from import requirements for items brought into Customs Bonded Warehouses (CBWs), matching the exclusion that already exists for Foreign Trade Zones (FTZs). The proposal would also remove a restriction that currently limits permissible FFL activities in FTZs and CBWs to storage only, expanding the range of lawful activities FFLs may conduct on items held in these facilities. 

1140-AA96: Importing Dual-Use Frames, Receivers, or Barrels – NPRM

Proposal to allow FFLs to import firearm barrels and frames/receivers capable of being used on both sporting and non-sporting firearms provided that an identified sporting configuration for the barrel or frame/receiver exists at the time of importation. The proposed rule would also clarify that once lawfully imported, a dual-use barrel or frame/receiver may be incorporated into the assembly of a sporting, non-sporting, or NFA-regulated firearm, subject to compliance with all other applicable federal firearms laws. 

1140-AA97: Importing Training Rounds – NPRM

Proposal to formally clarify in regulation that training rounds — including inert, marking, or simulated-projectile products used for training purposes — do not meet the statutory definition of “ammunition” under the GCA and are therefore not regulated under the GCA or the AECA provided the round is not for a firearm. 

1140-AA68: Converting Temporary to Permanent Imports for Defense Articles – NPRM

Proposal to create a formal administrative process through which a firearms importer may convert a temporarily imported firearm to permanent import status by submitting a Form 6 permit application when a temporary import authorization has expired or is otherwise no longer operative. Under current regulations, importers whose temporary import authorization expires must re-export, permanently reimport, or destroy the firearm — options that impose significant cost and logistical burden. 

1140-AA70: Allowing Makers to Adopt Certain Markings for National Firearms Act – NPRM

Proposal to allow individuals who make NFA firearms by altering existing firearms to adopt markings already applied by the original manufacturer rather than applying additional, redundant markings. Because the original importer and manufacturer’s serial number and markings are already required by statute and regulation, this proposal eliminates a duplicative regulatory requirement while ensuring NFA marking requirements are satisfied. ATF has previously accommodated this practice through individual variances; this proposed rule codifies that accommodation into regulation to provide consistent, clear guidance across the industry. 

1140-AA84: Clarifying Delivery to a Common or Contract Carrier When Transporting Firearms – NPRM

Proposal to clarify that, for purposes of the GCA’s provisions governing the delivery of firearms and ammunition to common or contract carriers, a person traveling aboard a common or contract carrier while personally maintaining direct control over a firearm or ammunition does not constitute “delivery” of that firearm or ammunition to the carrier. This clarification addresses longstanding regulatory ambiguity regarding the obligations of law-abiding travelers who retain physical possession of a firearm during common carrier travel. 

1140-AB04: Revising Definitions of “Adjudicated as a Mental Defective” and “Committed to a Mental Institution” – NPRM

Proposal to modernize the regulatory definition of “mental defective” — the term used in the GCA to identify a category of persons prohibited from possessing firearms — to reflect current medical and legal standards. The proposed rule would refine the term “mental defective,” associating it with “intellectually disabled” and clarify that a person receiving assistance in only one functional area (such as financial management) would not, on that basis alone, be considered prohibited under this definition. The proposal also clarifies existing prohibitions. Specifically, individuals committed to a mental institution resulting from a determination that an individual is a danger to themselves or others or is found not guilty by reason of insanity, properly fall within the definition of “committed to a mental institution,” and not within the definition of “mental defective.” 

1140-AA85: Clarifying Exceptions to the Brady Act Background Check Requirement – NPRM

Proposal to clarify regulatory standards that govern when a state-issued firearms permit qualifies as an alternative to a National Instant Criminal Background Check System (NICS) check under the Brady Handgun Violence Prevention Act. The proposed rule would make targeted regulatory adjustments to require confirmation that the state permit is both valid and unexpired and that the language of the state statute conforms with certain requirements established by Congress. The proposed rule would provide clearer guidance for FFLs operating in states where such permits are recognized. 

 1140-AA64: Selecting Biological Sex on ATF Forms – NPRM

Proposal to amend regulations to clarify that on ATF forms individuals should select their biological sex. This refers to the individual’s immutable biological classification as either male or female and does not include the concept of gender identity. These are clarifying amendments to align ATF’s regulatory forms with the President’s signed Executive Order 14168 and do not alter any substantive eligibility criteria. 

1140-AA69: Definition of Business Premises – NPRM

Proposal to clarify the regulatory definition of “business premises” for FFLs to explicitly include properties that adjoin each other or that are adjacent to each other and share a common parking lot, sidewalk, or road. This clarification is intended to resolve regulatory ambiguity for licensees whose operations span multiple adjacent buildings or parcels and to provide a consistent, clear standard for FFL licensing determinations. 

1140-AA78: Firearms Transactions and Straw Purchases – NPRM

Proposal to amend regulations to clarify the federal prohibition on straw purchases. A straw purchase effectively hides the identity of the actual purchaser/ultimate recipient of the firearm and circumvents the regulatory requirements for a firearm transfer by forgoing background checks and impeding the ability of law enforcement to trace guns involved in the commission of a crime to the true purchaser/ultimate recipient. The proposed rule is intended to provide clearer guidance for licensees, including which transactions are not considered straw purchases, thereby supporting enforcement efforts against true straw purchases. 

1140-AA88: Creating a Definition of “Willfully” for Firearms Violations – NPRM

Proposal to formally define the term “willfully” as it applies to violations of the GCA, specifically in the context of ATF’s authority to suspend or revoke an FFL’s license or impose civil penalties. The proposed definition would implement the standard established by the U.S. Supreme Court in Bryan v. United States, under which a person acts “willfully” when they know their conduct is unlawful, even if unaware of the specific statutory provision being violated.

V. Align Group

Five revisions related to firearms and ammunition to conform ATF’s regulatory text to reflect statutory changes, judicial decisions, and actions taken by partner agencies, such as the Departments of State and Commerce related to export controls.

1140-AA79: Conforming Change for Approving a Making Application – FINAL RULE

Final rule formally codifies the existing practice of conducting National Instant Criminal Background Check System (NICS) checks as part of the NFA approval process for individuals seeking to make NFA firearms. ATF already conducts these checks as part of its standard processing. This final rule aligns the regulatory text with existing statutory requirements and ATF’s current operational practice, ensuring the regulatory framework accurately reflects how background checks are being administered. 

1140-AA66: Export Control Reform – Conforming References to Department of Commerce – FINAL RULE

Final rule makes technical and administrative clarifying amendments to its regulations in 27 CFR parts 447 and 479, which control the import and export of firearms, ammunition, and defense articles under the AECA. These changes correspond to regulatory changes previously made by the departments of Commerce and State. The rule adds references to reflect that certain transactions now fall under Commerce’s export and temporary import jurisdiction. These changes respond to actions by the departments of Commerce and State to divide export and temporary import controls between those agencies. The rule also makes minor technical amendments for clarity. No substantive policy changes are made. 

1140-AA91: Update to Proscribed Countries for Import Restrictions – NPRM

Proposal to update the import restrictions applicable to certain countries under the AECA. The proposed rule would remove the existing, static list of proscribed countries from which ATF denies applications to permanently import defense articles and services, replacing it with a dynamic reference to the Department of State’s list of proscribed countries. This would ensure ATF’s import restrictions remain current and consistent with State Department designations without requiring separate ATF rulemaking each time the list changes. The rule also proposes to remove the list of former Soviet countries from which ATF currently denies applications to permanently import most firearms and ammunition, retaining only the Russian Federation as a proscribed country of origin for these imports. 

1140-AA77: Adding Component Definitions Under the Arms Export Control Act – NPRM

Proposal to amend the language in its specialized subset of regulations under the AECA to align with Department of State terminology already in use in the U.S. Munitions List. By aligning terminology used to describe defense articles, this technical update would reduce ambiguity for FFLs, Federal Explosives Licensees, and defense industry stakeholders. 

1140-AA83: Changes to National Firearms Act Tax Remittance Provisions – FINAL RULE 

Final rule amends the NFA regulations to reflect changes made by the One Big Beautiful Bill Act to reduce the tax remittance rate for certain NFA firearms. This final rule is necessary to align regulatory text with statutory requirements and implement the legal changes.

This is a summary only. We will follow up with additional alerts to dissect and analyze the new proposed and final rules once published.