January 29, 2026 – The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has issued an Interim Final Rule (“IFR”) that revises the regulatory definition of who is considered to be an “unlawful user of or addicted to any controlled substance” pursuant to the Gun Control Act, 18 U.S.C. § 922(g)(3). Under the Gun Control Act, individuals who fall into this category are prohibited from shipping, transporting, possessing, or receiving firearms. The IFR, published in the Federal Register on January 22, 2026, amends 27 CFR § 478.11 to clarify the criteria used when determining whether an individual is a prohibited person due to use of a controlled substance. The revised language now defines addiction as a “person who uses a controlled substance and demonstrates a pattern of compulsive use of the controlled substance, characterized by impaired control over use.” The IFR also clarifies that a person is not considered an unlawful user “if the person has ceased regularly unlawfully using the substance, or if the person’s unlawful use is isolated or sporadic or does not otherwise demonstrate a pattern of ongoing use.” This is a shift from previous regulatory examples that the ATF says have caused confusion in background checks and enforcement.
The IFR explains that the present regulatory definition includes “inference examples,” such as a positive drug test or recent conviction that could be interpreted as evidence of current unlawful use. The IFR noted that “ATF field divisions receiving NICS delayed-denial referrals based on single-use situations have often determined that, contrary to the regulatory inferences in 27 CFR 478.11, a single incident is insufficient evidence on which to pursue a violation under 18 U.S.C. 922(g)(3).” This has “created confusion” for applicants and NICS examiners. The amended definition now focuses on patterns of use that indicate “compulsive use of the controlled substance, characterized by impaired control over use.”
The publication of this IFR is timely because the Supreme Court will soon issue a decision in United States v. Hemani, which will address the constitutionality of 18 U.S.C. § 922(g)(3) where the defendant was not presently under the influence of a controlled substance at the time he was in possession of a firearm. Depending on the Supreme Court’s ruling in Hemani, the ATF may need to further address or revise the IFR to comply with the decision. A decision in Hemani is expected this summer.
ATF is accepting public comments on the IFR through June 30, 2026, and indicated it may issue subsequent proposals.
Renzulli Law Firm, LLP will continue to monitor new and developing firearm related laws and litigation around the country. If you have any questions concerning firearms-related legislation or regulation, please contact Christopher Renzulli.