ATF Proposal Affecting Individual Gun Owners and Purchasers
Learn what the ATF is currently working on with new proposed regulations impacting individuals. Most of these are already controlled by state law, and additional changes there, which CRPA will also be commenting on.
Since January 2026, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has published a series of proposed and final rules under its “New Era of Reform” regulatory package. These proposals represent the most significant federal firearms deregulatory effort in decades.
This alert covers only those proposals with direct impact on individual gun owners and prospective firearm purchasers. A separate alert (Alert 2 of 2) will address proposals affecting California licensed firearm dealers, including FFL-specific and NFA-related regulatory changes.
These public comment deadlines fall between August 4 and August 6, 2026. CRPA urges members to review each proposal below and submit public comments before the applicable deadline.
HOW TO SUBMIT PUBLIC COMMENTS
The comment submission process is uniform across all proposals covered in this alert.
(a) Online: Submit comments at https://www.regulations.gov. Search for the applicable RIN number and follow the instructions provided.
(b) By Mail: Send written comments to ATF Rulemaking Comments; Mail Stop 6N-518, Office of Regulatory Affairs; Enforcement Programs and Services; Bureau of Alcohol, Tobacco, Firearms, and Explosives; 99 New York Ave. NE; Washington, DC 20226. Include the applicable RIN number in the ATTN line.
(c) All submissions must include the applicable RIN number.
(d) Do not include personally identifying information in the body of your comments if you do not want it published online.
Important Note on ATF’s Comment Portal: ATF is listed on regulations.gov as a “Non-Participating Agency.” For some proposed rules, comments cannot be submitted directly through the regulations.gov website. Members should refer to the “DATES” and “ADDRESSES” sections of each Federal Register notice for specific submission instructions and verify whether electronic submission is available for each rule.
IMPORTANT CALIFORNIA NOTE
CRPA members should be aware that California state firearms law operates independently of federal regulations. Where a federal proposal described in this alert relaxes or removes a federal restriction, compliance with both the revised federal standard and the applicable California requirement remains necessary.
Where the practical effect of a federal rollback is negligible in California, the state restriction effectively preempts any benefit the federal change would otherwise confer. State-level restrictions under the California Penal Code, including but not limited to assault weapons prohibitions (Cal. Penal Code sections 30510-30530), universal background check requirements (Cal. Penal Code section 27540), the 10-day waiting period, and in-state transport rules (Cal. Penal Code section 25610), remain fully operative regardless of these federal changes.
California-specific notes are provided under each proposal below where applicable. Members with questions about the interaction of federal and state law should contact CRPA at [CRPA contact information].
1. REMOVING STABILIZING BRACES RULE (RIN 1140-AA98)
Proposal: Removing Stabilizing Braces Rule. RIN 1140-AA98. NPRM published 5/6/26. Comment deadline: 8/4/26.
● Rescinds the Biden-era 2023 rule that reclassified pistols equipped with stabilizing braces as NFA short-barreled rifles.
● Removes the 2023 regulatory definition of “designed or redesigned, made or remade, and intended to be fired from the shoulder.”
● Relieves an estimated 10 to 40 million firearms from NFA registration requirements.
● A firearm that independently meets the statutory SBR definition remains subject to the NFA on a case-by-case basis.
● California Note: California’s assault weapons feature ban (Cal. Penal Code sections 30510-30530) independently restricts many braced-pistol configurations. This federal rollback does not override state restrictions.
Submit Comments: Visit https://www.regulations.gov and search RIN 1140-AA98 (Docket ATF-2026-0335). Verify electronic submission availability, as ATF is listed as a Non-Participating Agency on regulations.gov. The comment deadline is August 4, 2026.
2. REVISING ‘ENGAGED IN THE BUSINESS’ AS A DEALER (RIN 1140-AB01)
This NPRM, published May 6, 2026, rolls back ATF’s 2024 expansion of the “engaged in the business” definition under the Bipartisan Safer Communities Act. The comment deadline is August 4, 2026.
● Removes all rebuttable presumptions (section 478.13(b)-(h)) that defined when a person was presumed to be “engaged in the business” as a dealer.
● Rescinds the restrictive “personal collection” definition that excluded firearms held primarily for personal protection.
● Retains the statutory “primarily commercial” standard as the operative test.
● Effect: Significantly reduces the risk that occasional private sellers face unlicensed-dealer liability under federal law.
California Note: California’s dealer processing requirement (Cal. Penal Code section 27540) continues to apply to all private transfers regardless of this federal change.
Submit Comments: Visit https://www.regulations.gov and search RIN 1140-AB01 (Docket ATF-2026-0074). Verify electronic submission availability, as ATF is listed as a Non-Participating Agency on regulations.gov. The comment deadline is August 4, 2026.
3. MENTAL HEALTH DISQUALIFIERS (RIN 1140-AB04)
This NPRM, published May 8, 2026, has a comment deadline of August 6, 2026. The proposal narrows “adjudicated as a mental defective” to require a serious global intellectual deficit. Persons with isolated functional deficits (e.g., financial-management determinations) would no longer be prohibited under 18 U.S.C. section 922(g)(4), reducing erroneous prohibitions for Social Security beneficiaries with representative payees.
Submit Comments: Visit https://www.regulations.gov and search RIN 1140-AB04. Verify electronic submission availability, as ATF is listed as a Non-Participating Agency on regulations.gov. The comment deadline is August 6, 2026.
4. STRAW PURCHASES CLARIFICATION (RIN 1140-AA78)
This NPRM, published May 6, 2026, proposes new 27 C.F.R. section 478.105 to distinguish lawful third-party transfers from unlawful straw purchases under 18 U.S.C. section 922(a)(6). The comment deadline is August 4, 2026 (Docket ATF-2026-0013).
The proposal creates regulatory safe harbors for the following categories of third-party acquisitions:
● Bona fide gifts where the purchaser uses personal funds and the recipient is not a prohibited person.
● Spousal purchases made on behalf of a non-prohibited spouse.
● Parental purchases made on behalf of a non-prohibited child.
● Redemption or repair transactions where the actual owner authorizes a third party to retrieve a firearm.
These safe harbors apply only to the “material misstatement” category of straw-purchase liability. Purchasing a firearm on behalf of a prohibited person remains a federal felony regardless of the relationship between the parties.
Submit Comments: Visit https://www.regulations.gov and search RIN 1140-AA78 (Docket ATF-2026-0013). Verify electronic submission availability, as ATF is listed as a Non-Participating Agency on regulations.gov. The comment deadline is August 4, 2026.
5. INTERSTATE TRANSPORTATION OF FIREARMS (RIN 1140-AA73)
This NPRM, published May 6, 2026, with a comment deadline of August 4, 2026 (Docket ATF-2026-0133), proposes regulatory clarification of the Firearms Owners’ Protection Act (FOPA) safe harbor under 18 U.S.C. section 926A.
● Expressly designates overnight stops, food and fuel stops, emergency stops, and intermodal transfers (e.g., switching from vehicle to airline) as “reasonably necessary” activities protected under the safe harbor.
● Confirms that ammunition and firearm accessories are included within the right to transport.
● Reduces the risk of state-level prosecution for lawful travelers making routine stops during interstate transit.
California Note: California’s transport rules, including the requirement that firearms be unloaded and stored in a locked container (Cal. Penal Code section 25610), continue to govern in-state storage and carry. The federal safe harbor may benefit travelers transiting California but does not override state transport requirements.
Submit Comments: Visit https://www.regulations.gov and search RIN 1140-AA73 (Docket ATF-2026-0133). Verify electronic submission availability, as ATF is listed as a Non-Participating Agency on regulations.gov. The comment deadline is August 4, 2026.
COMMENT DEADLINE SUMMARY TABLE
The following table consolidates all comment deadlines for the proposals covered in this alert.
RIN Short Title Status Comment Deadline Docket No.
1140-AA98 Removing Stabilizing Braces Rule NPRM (5/6/26) 8/4/26 ATF-2026-0335
1140-AB01 Revising ‘Engaged in the Business’ NPRM (5/6/26) 8/4/26 ATF-2026-0074
1140-AB04 Mental Health Disqualifiers NPRM (5/8/26) 8/6/26 [See Federal Register notice]
1140-AA78 Straw Purchases Clarification NPRM (5/6/26) 8/4/26 ATF-2026-0013
1140-AA73 Interstate Transportation NPRM (5/6/26) 8/4/26 ATF-2026-0133
CALL TO ACTION AND CONTACT INFORMATION
CRPA urges every member to submit public comments in support of these deregulatory reforms without delay. Most comment periods close tomorrow, August 4, 2026, with another closing on August 6, 2026. If you have not yet submitted comments, act today.
Under the Administrative Procedure Act, ATF is required to consider and respond to substantive public comments before issuing final rules. Comments from affected individuals and gun owners carry significant weight in this process. Your participation directly influences the outcome.
When submitting comments, follow these guidelines:
(e) Be specific, factual, and professional.
(f) Explain how the proposed rule affects you personally.
(g) Reference the applicable RIN number in every submission.
(h) Do not include personally identifying information you do not want published online.
For questions or assistance submitting comments, contact CRPA at contact@crpa.org.