BREAKING: ATF’s Landmark 34 Rule Package
The below content was first published by Ryan Cleckner on Rocket FFL (full link below) and has been republished here with permission. Please note the author anticipates updating this article as additional information comes in so check back over the next few days for updates.
Source: BREAKING: ATF’s Landmark 34 Rule Package
UPDATED 5/5/26 – The ATF just announced a landmark rule making change of 34 proposed rules.
We got our hands on 20 of the draft versions of the rules scheduled to be published tomorrow and have already included their summaries under the relevant rules below.
The rules have not yet been published for comment so the details of each rule are unclear. Please see a summary of each proposed rule below and come back to see the updates and more information as it is learned.
Until we see the actual language of each proposed rule, it is unclear whether any of these will be good or bad news.
ATF’s New Proposed Rules:
Please see each of the ATF’s proposed rules below.
1) Stabilizing Braces Rule Rollback
Summary: ATF plans to fully undo its 2023 stabilizing brace rule after courts blocked it. This returns firearm definitions back to what the law originally says.
See the proposed rule on Removing Factoring Criteria for Firearms with Attached “Stabilizing Braces”
2) Dealer Definition (Engaged in the Business) Revision
Summary: ATF is removing parts of its recent expansion of who counts as a firearm dealer because it didn’t work as intended. It keeps only what Congress specifically required.
See the summary of the proposed rule Revising Regulations Defining “Engaged in the Business” as a Dealer in Firearms
3) Machine Gun Definition (Bump Stocks) Fix
Summary: ATF is updating its rules to match the Supreme Court’s decision in Garland v. Cargill. Bump stocks will no longer be treated as machine guns in ATF regulations.
See the full breakdown on the new rule on Revising Machine Gun Definition in Response to Supreme Court Decision
4) Remove Youth Handgun Safety Notice Requirement
Summary: Gun dealers would no longer have to post or hand out notices about a decades-old handgun law. ATF considers this outdated and unnecessary.
5) Form 4473 Modernization
Summary: ATF wants to simplify and modernize the background check form process, including longer NICS validity, more digital options, and easier identity verification. The goal is less paperwork with the same safeguards.
6) Electronic Recordkeeping for FFLs
Summary: ATF would officially allow gun dealers to keep all required records digitally. This is already common practice and would now be standardized.
7) Firearm Record Retention Limits
Summary: Instead of keeping records forever, ATF proposes set retention periods (like 20–30 years). Some records would have shorter timelines depending on type.
See the summary of the proposed rule on Firearm Records Retention Periods
8) Use eZ Check Instead of Paper Licenses
Summary: Dealers could verify other dealers using ATF’s online system instead of paper copies. It also removes an outdated grace period rule.
See the full breakdown of the new rule on Licensee EzCheck Verification for Transfers
9) Non-Over-the-Counter Sales Flexibility
Summary: ATF would make it easier for dealers to sell firearms remotely within the same state. Identity verification rules would be updated to reflect modern technology.
10) NFA Transport Rules Simplified
Summary: Lawful owners of NFA items would no longer need prior ATF approval for temporary transport. Longer-term moves would still require notice—but not approval.
11) Joint NFA Registration for Spouses
Summary: Married couples could jointly own NFA firearms without needing a trust. This simplifies shared ownership and avoids extra legal steps.
12) Remove CLEO Notification Requirement
Summary: Applicants would no longer have to notify their local law enforcement when applying for NFA items. ATF says the requirement hasn’t improved safety.
13) Interstate Firearm Travel Clarification
Summary: ATF clarifies that normal travel stops (gas, hotel, emergencies) are legally protected when transporting firearms. It also clarifies storage and ammo rules.
See the summary of the new proposed rule on Clarifying Interstate Transportation of Firearms under the Gun Control Act
14) Machine Gun Transfers Between Dealers
Summary: ATF would simplify certain limited machine gun transfers between licensed businesses. This mainly applies to demos for government and closing businesses.
15) Special Occupational Tax (SOT) Clarification
Summary: ATF clarifies that dealers pay one tax per activity type at each location—not per license. This removes confusion about tax obligations.
See the summary of the new proposed rule on Clarifying Special (Occupational) Tax Payments Per Business Activity
16) Remove Triplicate Filing for Explosives Imports
Summary: Importers of plastic explosives would no longer need to file paperwork in triplicate. It’s simply eliminating redundant paperwork.
See the full summary of this rule here: Removing Triplicate Filing Requirement for Importing Plastic Explosives
17) Firearms in Trade Zones & Bonded Warehouses
Summary: ATF expands what dealers can do in trade zones and bonded warehouses beyond just storage. It also aligns import rules across similar facilities.
18) Importing Dual-Use Firearm Parts
Summary: ATF clarifies that parts usable in both sporting and non-sporting firearms can be imported if they have a valid sporting use at the time.
19) Training Rounds Not Considered Ammunition
Summary: Training rounds (like inert or simulation rounds) would not be regulated as ammunition if they aren’t for real firearms. This provides clarity for manufacturers.
See the summary of the proposed rule on Importing Training Rounds
20) Converting Temporary Imports to Permanent
Summary: Importers could convert temporary firearm imports into permanent ones instead of exporting or destroying them. This adds a practical middle option.
21) NFA Marking Requirements Simplified
Summary: People making NFA firearms could reuse existing manufacturer markings instead of adding new ones. This removes duplication.
See the full summary of Allowing Makers to Adopt Certain Markings for National Firearms Act Firearms
22) Firearms on Common Carriers (Travel Clarification)
Summary: If you keep physical control of your firearm while traveling (like on a plane), it’s not considered “delivered” to the carrier. This clears up confusion.
See the summary of the new proposed rule on Clarifying Delivery to a Common or Contract Carrier When Transporting Firearms
23) Mental Health Definitions Update
Summary: ATF updates outdated terminology and clarifies who is prohibited from owning firearms due to mental health rulings. It aligns with modern standards.
24) Brady Background Check Exceptions Clarified
Summary: ATF tightens rules for when state permits can replace a background check. Permits must be valid and meet federal requirements.
See the summary of the proposed rule on Clarifying Exceptions to the Brady Act Background Check Requirement
25) Biological Sex on ATF Forms
Summary: ATF will require individuals to list biological sex (male or female) on forms. This aligns with a recent executive order.
26) Definition of Business Premises
Summary: ATF clarifies that adjacent properties used together can count as one business location. This helps dealers operating across multiple buildings.
See the summary of the proposed rule on Definition of Business Premises
27) Straw Purchase Clarification
Summary: ATF provides clearer guidance on what counts as an illegal straw purchase—and what doesn’t. This is meant to improve enforcement clarity.
See the summary of the proposed rule on Firearms Transactions and Straw Purchases
28) Definition of “Willfully” Violating the Law
Summary: ATF defines “willfully” as knowingly doing something illegal, even if you don’t know the exact law. This affects license revocations and penalties.
29) Background Checks for NFA Makers (Formalized)
Summary: ATF officially adds background checks into the NFA application process. This was already being done—now it’s written into the rules.
See the full breakdown of the rule on Conforming Change for Approving a Making Application
30) Export Control Technical Updates
Summary: ATF updates references to reflect that some export controls now fall under the Department of Commerce. No real policy changes.
See the full breakdown of the rule on Export Control Reform – Conforming References to Department of Commerce
31) Import Restrictions by Country (Updated System)
Summary: ATF will stop maintaining its own list of banned countries and instead follow the State Department’s list. It also removes most former Soviet country restrictions except Russia.
32) Defense Article Terminology Alignment
Summary: ATF updates wording to match State Department definitions for defense items. This reduces confusion across agencies.
See the full summary on the proposed rule on Adding Component Definitions Under the Arms Export Control Act
33) Contraband Cigarette Rule Expansion
Summary: ATF lowers the threshold for illegal cigarette trafficking and expands rules to include smokeless tobacco. It also increases reporting and enforcement requirements.
34) NFA Tax Reduction Implementation
Summary: ATF updates its rules to reflect new lower tax rates on certain NFA items passed by Congress. This simply aligns regulations with the new law.
