ATF PROPOSED AND FINAL RULES TO “ALIGN” KEY FIREARMS REGULATIONS

September 4, 2026 – As part of its “New Era of Reform” initiative, the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) has undertaken comprehensive review of its regulatory framework, resulting in a coordinated package of proposed and final rules organized into five categories—Repeal, Modernize, Reduce Burden, Clarify, and Align. Within this framework, the “Align” category is intended to conform “ATF’s regulatory text to reflect statutory changes, judicial decisions, and actions taken by partner agencies.” 

Final Rule 1140-AA79 went into effect on May 6, 2026. It codifies the ATF’s existing practice of performing a National Instant Criminal Background Check System (“NICS”) background check before approving a Form 1 Application to make a National Firearm Act (“NFA”) firearm. Final Rule 1140-AA66 went into effect on July 6, 2026, amending portions of 27 CFR §§ 447, 479. These sections of the Code of Federal Regulations control the import and export of firearms, ammunition, and defense articles under the Arms Export Control Act. This Final Rule updates the ATF’s regulations to memorialize the roles of the Department of Commerce and the Department of State. Specifically, certain items were transferred from the Department of State (International Traffic in Arms Regulations) to the Department of Commerce (Expert Administration Regulations).

Proposed Rule 1140-AA91 is aimed at removing the existing, outdated list of proscribed countries from which the ATF denies applications to import defense articles. It changes how the ATF determines which counties are subject to import bans. This was done to reflect the changing foreign policy sanctions and arms embargoes. Under this proposed rule, the ATF would no longer maintain its own separate list of counties, and would instead rely on the Department of State’s designation. Proposed Rule 1140-AA77 seeks to add regulatory definitions for “component,” “accessories and attachments” and “part” as used throughout the United States Munitions List and the Arms Export Control Act. These definitions appear to be aimed at increasing consistency between ATF’s import regulations and the terminology used in the United States Munitions List, improve predictability for importers, clarify exactly what items are subject to import controls, and reduce ambiguity. 

Renzulli Law Firm,  LLP will continue to monitor firearm legislation and developing firearm‑related news around the country. If you have any questions concerning firearms‑related legislation or regulation, please contact Christopher Renzulli.