ATF ANNOUNCES SWEEPING PACKAGE OF REGULATORY REFORMS
On April 29, 2026, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) released a total of thirty-four notices of final and proposed regulatory reforms in the wake of its review of existing regulations in compliance with President Trump’s recent Executive Order related to protecting our Second Amendment rights. In its press release, the ATF noted that this “landmark release” is only the first in a series of regulatory updates planned by the agency.
Overall, the rules are aimed at reducing burdens on regulated persons and entities, while modernizing and clarifying regulations to harmonize them with current laws and ATF practices. The package touches on many important industry topics, including clarifications of definitions of what constitutes a “willful” violation of the Gun Control Act (GCA) and an illegal straw purchase, along with changes to record retention periods and requirements to notify law enforcement of the purchase of items regulated by the National Firearms Act (NFA).
The ATF organized the newly proposed rules into five categories – Repeal; Modernize; Reduce Burden; Clarify; and Align. Here, we focus on the Repeal category, which contains three proposed rules and one Final Rule:
Proposed Rules
Removing Criteria for Firearms with Attached “Stabilizing Braces”
This proposed rule would formally rescind regulatory changes made under the Biden administration regarding firearms equipped with stabilizing braces. The existing 2023 rule has been enjoined, stayed, or vacated by multiple federal courts across numerous jurisdictions. This proposal removes language from the regulation that the ATF calls “largely unenforceable,” and restores definitions that are consistent the relevant statutory definitions.
Revising Regulations Defining “Engaged in the Business” as a Dealer in Firearms
This proposed rule rescinds certain provisions that were added to the definition of “engaged in the business” by the prior administration beyond what was enacted by Congress in the Bipartisan Safer Communities Act (BSCA). This included providing “examples” of covered activities that established rebuttable presumptions of being engaged in the business of dealing in firearms. According to the ATF, the additions that are to be rescinded have not produced the expected impact on federal firearms licensee applications, administrative licensing actions, civil forfeitures, or other anticipated effects. This rule proposes to simply define “engaged in the business” pursuant to the BSCA as “a person who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business to predominantly earn a profit through the repetitive purchase and resale of firearms.”
Removing Youth Handgun Safety Act Notice
ATF also proposes rescinding the requirement for Federal Firearms Licensees (FFLs) to post a sign and provide a written notification to each handgun purchaser regarding the Youth Handgun Safety Act. According to the ATF, the purpose of this 1998 regulation was to advise the public of the 1994 Youth Handgun safety Act. ATF proposes rescinding this requirement placed on FFLs because it places an unnecessary burden on the industry and the information has been readily accessible to the public for more than thirty years.
ATF is encouraging public participation in the regulatory process and invites input and comments on the proposed changes, which can be submitted via the Federal eRulemaking Portal found at https://www.regulations.gov/. Generally, comments can be submitted for 90 days after the date of publication, though that time may vary.
Final Rule
Revising Machine Gun Definition in Response to Supreme Court Decision
In addition to the proposed rules above, ATF also announced that it is revising its three regulatory definitions of “machine gun” to remove references to bump stocks. This brings the definitions into alignment with the U.S. Supreme Court’s statutory interpretation of the term “machine gun” in its 2024 decision in the Garland v. Cargillcase, which held that semiautomatic rifles equipped with bump stocks do not satisfy the NFA’s definition.
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.