Category: Government

Second Amendment Must be Safeguarded Against Overreach

Hearing Wrap Up: Second Amendment Must be Safeguarded Against Overreach

House Oversight Committee | May 14th, 2026

WASHINGTON—Today, the Subcommittee on Federal Law Enforcement held a hearing on “Privacy Protections & the Second Amendment: Examining ATF’s Relationship to the Tiahrt Amendment” During the hearing, members discussed the history and purpose of the Tiahrt Amendment and the consequences of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ prior failures to abide by it. The hearing also examined the ATF’s track record protecting Second Amendment rights.

Key Takeaways:

ATF has been working to rebuild trust after having a long history of failing to consistently uphold the Second Amendment and Americans’ liberties.

Robert Cekada, Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, testified that “[Effective] law enforcement and respect for civil liberties are inseparable obligations, and that is why ATF has entered a new era of reform to rebuild trust with the industry, the federal firearms licensees, lawful gun owners and the public while still prioritizing our efforts on public safety. Some of the specific actions I have taken include establishing a senior industry partnership advisor position to address industry concerns and foster proactive engagement with the regulated community, revoking the enhanced regulatory enforcement policy, sometimes referred to as a zero tolerance policy, and replacing it with a new policy that emphasizes fairness and transparency while recognizing that FFLs are often the first line of defense against gun crime. And I also implemented regulations reforms last month, where ATF issued 34 notices of final and proposed rulemaking following the comprehensive review that was conducted in compliance with the executive order on protecting the second amendment rights, the aim is simpler, clearer regulations that do not compromise public safety.”

In recent years, ATF has violated the Tiahrt Amendment – which prevents ATF from sharing firearms trace data – by releasing protected data as part of Freedom of Information Act (FOIA) disclosures.

Subcommittee on Federal Law Enforcement Chairman Clay Higgins (R-La.) noted in his opening statement that “Despite Tiahrt’s obvious importance to police and public safety, recent history has shown that ATF has flagrantly disregarded the law. Some violations of Tiahrt have seemed unintentional, associated with accidental data disclosures while responding to FOIA requests. However, other violations clearly stem from the political and ideological opposition some ATF unelected bureaucrats have for the law. There are several glaring recent examples, particularly during the Biden Administration. To begin, the Biden ATF assisted gun control groups in creating a map of gun shops, including those owned by Members of Congress, by providing Tiahrt-protected data as part of a FOIA request. ATF’s release of this data was a clear violation of federal law and intended to help anti-Second Amendment groups.”
ATF under the Biden Administration undermined the Tiahrt Amendment by assisting gun control groups in creating a map of gun shops using trace data.
ATF also inadvertently released Tiahrt-protected data as part of an unrelated 2022 FOIA request.
Congress must examine ways to rein in ATF’s erroneous and inconsistent application of law to prevent infringement of the Second Amendment right to keep and bear arms and to ensure safety, privacy, and fairness for all Americans.

Continue reading “”

ATF Align Group

21F: Conforming Change for Approving a Making Application – FINAL RULE

ATF is issuing a final rule to formally codify in regulation the existing practice of conducting National Instant Criminal Background Check System (NICS) checks as part of the National Firearms Act (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.

20-03D: Export Control Reform – Conforming References to Department of Commerce – FINAL RULE

ATF is issuing a final rule to make 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 Arms Export Control Act. 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.

04P: Update to Proscribed Countries for Import Restrictions – NPRM

ATF is proposing to update the import restrictions applicable to certain countries under the Arms Export Control Act (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 ensures 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.

39P: Adding Component Definitions Under the Arms Export Control Act – NPRM

ATF is proposing to amend the language in its specialized subset of regulations under the Arms Export Control Act (AECA) to align with Department of State terminology already in use in the United States Munitions List (USML). By aligning terminology used to describe defense articles, this technical update would reduce ambiguity for Federal Firearms Licensees, Federal Explosives Licensees, and defense industry stakeholders.

2006R-01: Implementing PATRIOT Act Improvements: Contraband Cigarettes and Smokeless – FINAL RULE

ATF is issuing a final rule implementing provisions of the USA PATRIOT Improvement and Reauthorization Act of 2005 related to trafficking in contraband cigarettes and smokeless tobacco. The rule reduces the quantity threshold triggering jurisdiction under the Contraband Cigarette Trafficking Act (CCTA) from more than 60,000 cigarettes to more than 10,000; extends CCTA coverage to contraband smokeless tobacco for the first time; expands recordkeeping requirements and the class of persons subject to them; imposes reporting requirements on persons engaged in delivery sales above specified thresholds; and requires that cigarettes and smokeless tobacco seized and forfeited under the CCTA be used in law enforcement operations or destroyed. The rule does not apply to electronic cigarettes or other vaping products.

45F: Changes to National Firearms Act Tax Remittance Provisions – FINAL RULE 

ATF is issuing a final rule to amend its National Firearms Act (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.

ATF Clarify Group

06P: Firearm Activities in Foreign Trade Zones, Customs-Bonded Warehouses – NPRM

ATF is proposing to amend the definition of “importation” in its Gun Control Act (GCA) and National Firearms Act (NFA) 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 also removes a restriction that currently limits permissible Federal Firearms Licensees (FFL) activities in FTZs and CBWs to storage only, expanding the range of lawful activities FFLs may conduct on items held in these facilities. Together, these changes reduce regulatory ambiguity for importers and licensees operating within international trade environments.

09P: Importing Dual-Use Frames, Receivers, or Barrels – NPRM

ATF is proposing to clarify that Federal Firearms Licensees may lawfully 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 also clarifies 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.

10P: Importing Training Rounds – NPRM

ATF is proposing 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 Gun Control Act (GCA) and are therefore not regulated under the GCA or the Arms Export Control Act provided the round is not for a firearm. This codification provides regulatory certainty for importers, manufacturers, and law enforcement suppliers who produce, acquire, or distribute these products.

16P: Converting Temporary to Permanent Imports for Defense Articles – NPRM

ATF is proposing to create a formal administrative process through which a firearms importer may convert a temporarily imported firearm to permanent import status by submitting an ATF Form 6 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. The proposed rule fills this regulatory gap with a streamlined conversion pathway while maintaining all applicable import controls.

17P: Allowing Makers to Adopt Certain Markings for National Firearms Act – NPRM

ATF is proposing to allow individuals who make National Firearms Act (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.

23P: Clarifying Delivery to a Common or Contract Carrier When Transporting Firearms – NPRM

ATF is proposing to clarify that, for purposes of the Gun Control Act’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.

24P: Revising Definitions of “Adjudicated as a Mental Defective” and “Committed to a Mental Institution” – NPRM

ATF is proposing to modernize the regulatory definition of “mental defective” — the term used in the Gun Control Act 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.”

25P: Clarifying Exceptions to the Brady Act Background Check Requirement – NPRM

ATF is proposing to clarify the 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 makes 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 provides clearer guidance for Federal Firearms Licensees operating in states where such permits are recognized.

33P: Selecting Biological Sex on ATF Forms  – NPRM

ATF is proposing to amend its regulations to clarify that, in response to questions about sex 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, Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government and do not alter any substantive eligibility criteria.

36P: Definition of Business Premises – NPRM

ATF is proposing to clarify the regulatory definition of ‘business premises’ for Federal Firearms Licensees (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.

41P: Firearms Transactions and Straw Purchases – NPRM

ATF is proposing to amend its regulations to provide greater regulatory clarity around 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.

47P: Creating a Definition of “Willfully” for Firearms Violations – NPRM

ATF is proposing to formally define the term “willfully” in its implementing regulations as it applies to violations of the Gun Control Act, specifically in the context of ATF’s authority to suspend or revoke a Federal Firearms Licensee (FFL) 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.

ATF Reduce Burden Group

03P:  Interstate Transport and Temporary Export of National Firearms Act – NPRM

ATF is proposing to update the administrative process for transporting lawfully registered National Firearms Act (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.

13P: Joint Registration for Spouses under the National Firearms Act – NPRM

ATF is proposing 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.

15P: Removing CLEO Notification Under the National Firearms Act – NPRM

ATF is proposing 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 National Firearms Act (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 has not achieved its intended public safety outcomes.

18P: Clarifying Interstate Transportation of Firearms under the Gun Control Act – NPRM

ATF is proposing to clarify regulations that govern the interstate transportation of firearms by lawful owners. The proposed rule formally recognizes 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 also updates requirements for transporting ammunition and firearm accessories and clarifies requirements for securing firearms during transit.

19P: Transferring Machine Guns Between Qualified Licensees – NPRM

ATF is proposing 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 update implementing regulations to more closely align with the authority provided by the Gun Control Act and ATF parameters established in a January 2023 Open Letter to prevent misuse of the dealer sales sample exception. This reduces unnecessary regulatory complexity for these narrow commercial transactions while maintaining all applicable NFA requirements and federal licensing controls.

20P: Clarifying Special (Occupational) Tax Payments Per Business Activity – NPRM

ATF is proposing to clarify that Federal Firearms Licensees (FFLs) who pay the Special Occupational Taxpayer (SOT) fee under the National Firearms Act (NFA) owe one SOT per business activity (manufacturing, importing, or dealing) conducted at a given location, regardless of the number of Gun Control Act (GCA) licenses the FFL holds to carry out such activity at that location. This is a regulatory clarification designed to provide licensees with a clear, consistent understanding of their NFA tax obligation.

38F: Removing Triplicate Filing Requirement for Importing Plastic Explosives – FINAL RULE

ATF is amending its 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. This change eliminates redundant paperwork without affecting any substantive requirement governing the importation of plastic explosives.

ATF Modernize Group

ATF Repeal Group

ATF is proposing to formally rescind regulatory changes made in 2023 regarding firearms equipped with stabilizing braces. Multiple federal courts have found that the 2023 rule – as codified in 27 CFR 478.11 and 479.11 – violated the Administrative Procedure Act, and the rule has been enjoined, stayed, or vacated across numerous jurisdictions. This proposal removes regulatory language that has been largely unenforceable, restoring the regulatory definitions to be consistent with the underlying statutory definitions.

27P: Revising Regs Defining “Engaged in the Business” as a Dealer in Firearms – NPRM

ATF is revising regulatory changes it made to the definition of the ‘engaged in the business’ of dealing in firearms. The rule rescinds certain provisions of the definition of ‘engaged in the business.’ The rescinded changes have not produced the anticipated outcomes in terms of Federal Firearms License applications, administrative licensing actions, civil forfeitures, or other anticipated enforcement metrics. The rule retains the definition of ‘engaged in the business’ as specifically revised and codified by Congress in the Bipartisan Safer Communities Act (BSCA), ensuring that ATF’s regulatory definitions reflect the statutory language Congress enacted.

2024-01F: Revising Machine Gun Definition in Response to Supreme Court Decision – FINAL RULE

ATF is removing two sentences from its three regulatory definitions of “machine gun” that previously incorporated bump stocks into those definitions. This action responds directly to the U.S. Supreme Court’s decision in Garland v. Cargill (2024), which held that semiautomatic rifles equipped with bump stocks do not satisfy the statutory definition of “machine gun” under the National Firearms Act. This rescission aligns ATF’s regulatory text with the statute and the Court’s binding legal interpretation.

28P: Removing Youth Handgun Safety Act Notice – NPRM

ATF is proposing to rescind 27 CFR § 478.103 to remove the requirement for Federal Firearms Licensees (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. This 1998 regulation was established to inform purchasers of the 1994 Youth Handgun Safety Act. The proposed recission reduces an unnecessary burden on FFLs to inform purchasers about a law that has been in place for over 30 years and is now readily accessible.

ATF’s New Era of Reform

ATF launched a new era of reform in 2025 focused on a commitment to transparency, accountability, and partnership with the firearms industry, gun owners, and the public. Under new leadership, the agency has fundamentally changed course, moving toward a model built on trust and collaboration. This means working with federal firearms and explosives licensees as partners, reducing unnecessary burdens on law-abiding businesses and citizens, and ensuring ATF’s actions are grounded in clear statutory authority and focused on protecting American communities from violent crime driven by explosives, arson, and the illegal use of firearms.

Proposed Rulemakings

As part of ATF’s commitment, the agency recently published a landmark package of proposed rules representing the most significant modernization of ATF regulations in the agency’s history. These proposed rules take a common-sense approach to modernizing regulations and forms and reducing burden on law-abiding businesses and citizens alike. Public comments are encouraged during the open comment period for each rule.

34 Notices to be signed on April 29, 2026

• Repeal Group
• Modernize Group
• Reduce Burden Group
• Clarify Group
• Align Group

New Era Actions Taken

• Published a landmark package of proposed rules to streamline regulations and forms, reducing burden on dealers and gun owners alike.
• Ended the Enhanced Regulatory Enforcement Policy that had targeted firearms dealers; FFLs whose licenses were revoked or surrendered under that policy may reapply under the new Administrative Action Policy.
• Published a new Administrative Action Policy emphasizing firearm traceability and public safety while deemphasizing immaterial paperwork errors.
• Revised processes for determining what inspection and compliance data is published.
• Instituted a NICS alert policy restricting use of NICS alerts to federal firearms trafficking violations.
• Established a Senior Industry Partnership Advisor/Liaison to address industry concerns and foster productive engagement.
• Established a classifications board requiring all new firearm classifications to be reviewed and approved by the Office of the Director prior to publication.
• Improved response time from the Firearms & Ammunition Technology Division (FATD) to FFL inquiries.
• Reversed bans on the importation of non-lethal training ammunition and dual-use barrels.

What’s Next

This is an ongoing effort. ATF is committed to continued modernization and welcomes public input on proposed rules or outreach to our Senior Industry Partnership Advisor/Liaison.

DOJ and ATF Announce Regulatory Reforms to Reduce Burdens on Law-Abiding Gun Owners and Businesses

WASHINGTON — The Department of Justice (DOJ) and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) is releasing this week 34 notices of final and proposed rulemaking following a comprehensive review of existing regulations conducted in compliance with Executive Order 14206, Protecting Second Amendment Rights. Consistent with ATF’s commitment in 2025 to rebuild trust with Federal Firearms and Explosives Licensees (FFLs/FELs) and industry stakeholders, this review included a consideration of industry and expert feedback and concerns. This landmark release is the first in a series of regulatory updates ATF plans to issue.

The resulting rules are an effort to reduce unnecessary burdens on law-abiding citizens and businesses while modernizing regulatory frameworks that no longer reflect current law, agency practice, or court precedent. The aim is simpler, clearer regulations that do not compromise ATF’s ability to perform its critical missions to protect American communities from violent crime.

“The Second Amendment is not a second-class right,” said U.S. Acting Attorney General Todd Blanche. “This Department of Justice is ending the weaponization of federal authority against law-abiding gun owners. We will continue to vigorously defend their rights as the Constitution demands.”

Robert Cekada, who was recently confirmed by the U.S. Senate as ATF Director, said “ATF’s mission is to protect public safety and enforce the law – and these reforms reflect our commitment to doing that through regulations that are clear, legally sound, and narrowly tailored to that purpose.” He added, “Our enforcement focus from here on out is on willful violators and criminal actors, not inadvertent compliance issues by responsible owners and licensees.”

Summaries of the rules are available on atf.gov. ATF encourages broad public participation in its regulatory process and invites input on the proposed changes. The agency is committed to reviewing input in a timely manner and ensuring consideration of significant feedback into the final rules.

Clear instructions for submitting comments may be found via the Federal eRulemaking Portal at Regulations.gov and in each NPRM. The comment periods will generally be open for 90 days from the date of publication, but may vary. Please pay attention to the “DATES” section in each proposal for details.