Base
Proposed RuleOpen for Comment2026-091572026-05-08

Revising Non-Over-the-Counter Firearms Transaction Requirements

Justice Department, Alcohol, Tobacco, Firearms, and Explosives Bureau

Abstract

Federal law permits federal firearms licensees ("FFLs") to transfer firearms to a person residing in the same state but who does not appear in person. These are "non-over-the-counter" ("NOTC") sales. The Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF") proposes amending Department of Justice ("Department") regulations on NOTC sales. These proposed changes would remove restrictions limiting this option to background check-exempt transfers. The proposed rule would permit FFLs to conduct NOTC transfers while complying with background check requirements and adds remote identity proofing and electronic notices to chief law enforcement officers. These changes would provide greater flexibility for individuals lawfully purchasing firearms.

Action & Dates

Action
Notice of proposed rulemaking.
Dates
Comments must be submitted in writing, and must be submitted on or before (or, if mailed, must be postmarked on or before) August 6, 2026. Commenters should be aware that the https://www/regulations.gov comment system will not accept comments after midnight Eastern Time on the last day of the comment period.

CFR References

Topics

Administrative practice and procedureArms and munitionsExportsFreightImportsIntergovernmental relationsLaw enforcement officersMilitary personnelPenaltiesReporting and recordkeeping requirementsResearchSeizures and forfeituresTransportation

Public Comment

Comments Close
2026-08-06 — Open for comment

Document Excerpt

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-2026-0266; ATF 2025R-26P] RIN 1140-AB05 AGENCY: Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice. ACTION: Notice of proposed rulemaking. SUMMARY: Federal law permits federal firearms licensees (“FFLs”) to transfer firearms to a person residing in the same state but who does not appear in person. These are “non-over-the-counter” (“NOTC”) sales. The Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) proposes amending Department of Justice (“Department”) regulations on NOTC sales. These proposed changes would remove restrictions limiting this option to background check-exempt transfers. The proposed rule would permit FFLs to conduct NOTC transfers while complying with background check requirements and adds remote identity proofing and electronic notices to chief law enforcement officers. These changes would provide greater flexibility for individuals lawfully purchasing firearms. DATES: Comments must be submitted in writing, and must be submitted on or before (or, if mailed, must be postmarked on or before) August 6, 2026. Commenters should be aware that the https://www/​regulations.gov comment system will not accept comments after midnight Eastern Time on the last day of the comment period. ADDRESSES: You may submit comments, identified by docket number ATF 1140-AB05, by

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Full Document

Citation: 91 FR 25216