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The rule most likely meant by “the new federal gun-sale rule” is ATF’s proposed rule RIN 1140-AB05, Revising Non-Over-the-Counter Firearms Transaction Requirements. It is still a proposal, not an effective change in the law as of October 4, 2026. If adopted, it would let qualifying federal firearms licensees (FFLs) make certain same-state transfers without the buyer appearing in person, while retaining background checks and adding remote identity proofing and electronic notice to local law enforcement.
What would the proposed rule change?
ATF’s proposal concerns non-over-the-counter (NOTC) transfers: certain transactions in which an FFL transfers a firearm to a resident of the same state without that recipient appearing in person. ATF says federal law permits such same-state transfers, but current regulations limit the NOTC option to transfers exempt from background checks. The proposal would remove that regulatory limitation so a qualifying FFL could make a NOTC transfer while complying with background-check requirements.
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For buyers and sellers, the proposed change is about the method of completing some transactions, not a removal of screening. The proposal would add remote identity proofing and electronic notices to chief law-enforcement officers (CLEOs). It is not a general authorization for an out-of-state seller to ship a firearm directly to a consumer without the applicable FFL process. See ATF’s proposal summary.
Is the new gun-sale rule in effect?
No. ATF released the proposal on May 8, 2026, and its public-comment period ran from May 8 through August 6, 2026. ATF’s overview, last updated September 25, 2026, still lists RIN 1140-AB05 as a notice of proposed rulemaking (NPRM), and the official pages reviewed give no effective date. Until a final rule is issued and becomes effective, buyers and FFLs should not treat the proposed procedures as available or legally operative. Check ATF’s rulemaking overview for updated status.
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Would buyers still need a background check?
The proposal does not eliminate background checks. ATF describes it as allowing qualifying NOTC transfers while meeting background-check requirements, with remote identity proofing and electronic CLEO notice as added safeguards. Whether a specific transaction qualifies, and how applicable exceptions or state requirements affect it, depends on the facts and governing law.
Under current 27 CFR § 478.102, a licensed importer, manufacturer, or dealer generally must contact the National Instant Criminal Background Check System (NICS) before transferring a firearm to a nonlicensee, verify the recipient’s identity using the required identification document, and follow NICS response rules. The regulation includes an initial three-business-day investigatory period in ordinary cases and additional investigatory timing for certain transferees under 21 when NICS indicates further investigation. Exceptions and transaction details can affect how the requirements apply. The current text is available at 27 CFR § 478.102.
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How would proposed and current procedures differ?
| Issue | Current framework | What the proposal would do |
|---|---|---|
| Buyer’s in-person appearance | ATF says current regulations restrict the NOTC option to transfers exempt from background checks. | Would remove that limitation for qualifying same-state FFL transfers, allowing the buyer not to appear in person. |
| Identity verification | Current regulation requires identity verification using the required identification document. | Would add remote identity proofing for the proposed NOTC process. |
| Background check | NICS and applicable response requirements generally apply to FFL transfers to nonlicensees, subject to exceptions. | Would permit qualifying NOTC transfers while meeting background-check requirements; it does not remove screening. |
| CLEO notice | The proposal summary does not establish a new electronic-notice procedure as current practice. | Would add electronic notice to chief law-enforcement officers. |
| Legal status | Current regulations remain the applicable federal framework. | Still proposed as of October 4, 2026; ATF’s September 25 overview lists it as an NPRM. |
What buyers and FFLs should do now
- Buyers: Do not assume you can complete a transfer remotely under the proposal. Ask the FFL handling the transaction what current federal and state procedures apply.
- FFLs: Continue to follow current federal requirements and applicable state law; the proposed NOTC process is not yet an operative alternative.
- For a specific transaction: Check the relevant state law and consult a qualified FFL or lawyer where needed. This federal-rule overview cannot determine individual eligibility or compliance.
Two other ATF actions that are easy to confuse with this proposal
The withdrawn eZ Check action
ATF’s separate “Licensee eZ Check Verification for Transfers” action concerned one FFL checking another FFL’s license, not a buyer completing a remote purchase. ATF says significant adverse comments led it to withdraw that direct-final action effective July 6, 2026.
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ATF’s 2024 “engaged in the business” rule is a separate action implementing the Bipartisan Safer Communities Act. It addresses who is engaged in dealing, profit intent, personal-collection circumstances, and related licensee procedures; it is not the NOTC proposal. ATF’s page for that rule includes a litigation note, but that page’s status may change, so it should not be read as a current legal determination without checking the latest proceedings.
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