Revising Definition of “Unlawful User of or Addicted to Controlled Substance”

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Justice Bureau of Alcohol, Tobacco, Firearms, and Explosives 27 CFR Part 478 [Docket No. ATF-2026-0034; ATF No. 2025R-54T] RIN 1140-AB03 AGENCY: Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice. ACTION: Interim final rule; request for comments. SUMMARY: The Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) is amending Department of Justice (“Department”) regulations to update the definition of “unlawful user of or addicted to any controlled substance,” a category of persons who may not possess firearms under federal law. This definition was established in 1996 to facilitate operation of the National Instant Criminal Background Check System. Since then, court decisions and ATF internal guidance have evolved to include recurring use as a factor. As a result, ATF is aligning the definition with the best statutory understanding, as informed by judicial decisions. DATES: This interim final rule (“IFR”) is effective on January 22, 2026. Comments must be submitted in writing, and must be submitted on or before (or, if mailed, must be postmarked on or before) June 30, 2026. Commenters should be aware that the federal e-rulemaking portal comment system will not accept comments after midnight Eastern Time on the last day of the comment period. ATF will publish a final rule in the Federal Register adopting the IFR as final with any changes in response to public comments or adopting the IF…