ATF public comment closes on proposal to allow more remote, same-state firearm sales
Public comments close Thursday on a Bureau of Alcohol, Tobacco, Firearms and Explosives proposal that could change how licensed firearm dealers conduct certain same-state transfers. The proposal would allow some buyers to complete a non-over-the-counter transaction without appearing in person at the federal firearms licensee’s premises, while adding remote identity verification, background-check procedures and electronic notices to local law-enforcement officials.
Comments on the proposal are due by the end of the day Eastern Time on August 6, 2026. The deadline is the next formal step in a rulemaking process that began when ATF published the proposal May 8, 2026.
What the proposal would change
The proposed rule concerns non-over-the-counter firearm transactions conducted by federal firearms licensees. It would permit certain transfers within the same state when the buyer does not appear in person at the licensee’s premises.
Under the proposal, the remote process would include identity proofing and background checks. The proposal also would allow licensees to use electronic notices to chief law-enforcement officers to satisfy notification requirements.
Those provisions mean the proposal is not framed as eliminating federal eligibility checks. It would change the way certain transactions are handled by licensed dealers, including how a buyer’s identity is verified and how required notices are delivered.
The proposal covers federal regulations in 27 CFR Part 478. It is identified as RIN 1140-AB05 and was published in the Federal Register at 91 FR 25216.
What would not change yet
The proposal is not a final rule and has not taken effect. ATF must review the public comments before deciding whether to take final regulatory action. The agency could revise the proposal, withdraw it or finalize it after that review.
The proposal also would not itself change state or local firearm laws. State and local transfer requirements could impose additional restrictions, so the proposed federal framework would not necessarily determine what is permitted in every jurisdiction.
It also does not broadly authorize private, unlicensed firearm sales. The source documents describe a framework for certain transactions involving federal firearms licensees, rather than a general change covering all firearm transfers.
Why the deadline matters
For licensed dealers and same-state purchasers, the proposed changes could affect whether an in-person appearance is required for an eligible transaction and how the transaction’s compliance steps are completed. For law-enforcement officials, the proposal addresses the electronic delivery of required notices.
The practical effect, however, depends on any final rule and on applicable state and local requirements. The deadline does not by itself create a new remote-sales process or change the legal obligations that currently apply.
ATF’s official materials list RIN 1140-AB05 among the bureau’s 2026 proposed regulatory changes and describe the proposal as part of an effort to modernize the handling of same-state, non-over-the-counter sales. That description remains a proposal, not a final agency decision.
What happens next
After the August 6 deadline, ATF is expected to review the comments submitted during the public-comment period. The agency’s next formal action could be a revised rule, a withdrawal or a final regulation.
Until ATF takes that next step, the proposal remains under consideration. The reviewed sources do not establish how many comments will be submitted or what the final rule, if any, will contain.
Sources
- Revising Non-Over-the-Counter Firearms Transaction Requirements, Bureau of Alcohol, Tobacco, Firearms and Explosives
- Revising Non-Over-the-Counter Firearms Transaction Requirements, U.S. Government Publishing Office
- ATF’s New Era of Reform, Bureau of Alcohol, Tobacco, Firearms and Explosives
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