ATF’S PROPOSED RULES TO “ALIGN”
June 12, 2026 – In prior alerts discussing thirty-four notices of final and proposed regulatory reforms by the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”), we focused on the “Repeal” and “Modernize” categories of the proposed rules. Today, we are focusing on the “Align” category.
The reforms included in the “Align” category are generally intended to conform ATF regulations to existing statutory requirements, judicial decisions, and actions already taken by other federal agencies. In many instances, the proposed changes are administrative or technical in nature and are designed to ensure that the ATF’s regulations accurately reflect current law and agency practice.
First, the ATF issued a final rule formally codifying its existing practice of conducting National Instant Criminal Background Check System (“NICS”) checks when individuals apply to manufacture firearms regulated under the National Firearms Act (“NFA”). According to the ATF, the agency already performs these background checks as part of its review process, and the rule simply updates the regulatory text to reflect existing statutory requirements and longstanding agency practice.
Next, the ATF issued a final rule making technical amendments to its import and export regulations under the Arms Export Control Act (“AECA”). These amendments reflect prior regulatory changes implemented by the Departments of Commerce and State that shifted certain export and temporary import responsibilities to the Department of Commerce. The ATF characterizes these changes as administrative in nature and not intended to create substantive policy changes.
The ATF also issued a proposed rule that would replace its current list of proscribed countries for import restrictions with a dynamic reference to the Department of State’s list of proscribed countries. According to the ATF, this change would allow import restrictions to automatically track State Department designations without requiring separate rulemaking each time the list is updated. The proposal would also remove the existing list of former Soviet countries subject to certain import restrictions, while retaining the Russian Federation as a proscribed country of origin for affected firearms and ammunition imports.
In addition, the ATF proposed amendments to align terminology used in its AECA regulations with definitions already utilized by the Department of State in the United States Munitions List (“USML”). The ATF states that these changes are intended to reduce ambiguity and improve consistency for federal firearms licensees, federal explosives licensees, and other defense-industry stakeholders involved in regulated import and export activities.
The “Align” category also updates the ATF’s NFA regulations to reflect recent congressional changes to NFA tax remittance provisions.
Overall, the rules included in the “Align” category appear to be focused primarily on regulatory housekeeping, rather than substantive policy changes. Nevertheless, importers, exporters, manufacturers, and other regulated entities should remain attentive to the proposed changes, particularly those involving import restrictions and export-control terminology.
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.