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As of October 4, 2026, the closest match for the “new federal gun-sale rule” is still a proposal—not an effective change in the law. ATF’s proposal, RIN 1140-AB05, would let qualifying federal firearms licensees (FFLs) make certain same-state transfers without the buyer appearing in person, while retaining background-check requirements and adding remote identity proofing and electronic notice to local law enforcement.
Is the new federal gun-sale rule in effect?
No. ATF released its proposed rule, “Revising Non-Over-the-Counter Firearms Transaction Requirements,” on May 8, 2026. The public-comment period ran through August 6, 2026, and ATF’s September 25, 2026 overview still listed it as a notice of proposed rulemaking (NPRM). The agency’s materials do not give it an effective date. See ATF’s proposal page and its September 25, 2026 rulemaking overview.
That means buyers and sellers should not treat the proposed process as currently available. A proposal can change before any final rule is issued, and a final rule would need to specify when its provisions take effect.
What would the proposal change?
Current regulations limit a “non-over-the-counter” (NOTC) transfer—one where a buyer does not appear in person before the FFL—to transfers exempt from background checks. ATF proposes to remove that limitation so a qualifying FFL could complete certain NOTC transfers while meeting background-check requirements. It would also add remote identity proofing and electronic notices to chief law-enforcement officers (CLEOs). ATF describes the change in its proposal summary.
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In practical terms, the proposal is about how an eligible buyer appears and how an FFL verifies identity and sends notice. It is not a proposal to eliminate screening, nor is it a general authorization for out-of-state direct-to-consumer firearm sales.
How proposed and current requirements compare
| Issue | Current federal framework | What ATF proposes | Status |
|---|---|---|---|
| Buyer’s appearance | Current NOTC regulations restrict the option to transfers exempt from background checks. | A qualifying FFL could make certain same-state transfers without the buyer appearing in person, subject to the proposal’s conditions. | Proposed, not effective. |
| Identity verification | Federal regulations require the FFL to verify the recipient’s identity using the required identification document. | Adds remote identity proofing for covered transactions. | Proposed, not effective. |
| Background check | Generally, the FFL must contact NICS for a transfer to a nonlicensee, subject to statutory and regulatory exceptions and the transaction’s facts. | Would allow a covered NOTC transfer while meeting background-check requirements. | Proposed, not effective. |
| CLEO notice | The specific notice procedure depends on the applicable transaction rules. | Adds electronic notices to CLEOs for covered transactions. | Proposed, not effective. |
The current requirements appear in 27 CFR § 478.102. The proposal does not mean those requirements have already changed.
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Will buyers still need a background check?
The proposal does not remove background checks. Under current 27 CFR § 478.102, an FFL generally must contact the National Instant Criminal Background Check System (NICS) before transferring a firearm to a nonlicensee, verify the recipient’s identity with the required identification, and follow NICS’s response rules. Exceptions and the exact requirements depend on the law and facts of the transaction.
The regulation provides an initial three-business-day investigatory period in ordinary cases. It also sets additional investigatory timing for certain transferees under 21 when NICS indicates further investigation. These are parts of the current response framework, not a new waiting period created by the NOTC proposal. For the governing text, consult the current regulation.
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Who could use the proposed process?
The proposal concerns qualifying transfers by an FFL to a resident of the same state where the buyer need not appear in person. It does not establish a general right to buy directly from an out-of-state seller without using the applicable FFL process. Whether a particular transfer qualifies would depend on the final rule, if one is issued, and other applicable federal and state law.
For a specific transaction, check the relevant state law and ask a qualified FFL or lawyer. The federal proposal alone cannot determine whether a particular person is eligible or whether a particular sale complies with all applicable rules.
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Two other ATF actions that are easy to confuse with this proposal
The withdrawn eZ Check action
ATF’s separate “Licensee eZ Check Verification for Transfers” action concerned one FFL checking another FFL’s license; it was not the NOTC proposal for buyers. ATF says it withdrew that direct-final action, effective July 6, 2026, after receiving significant adverse comments. Its status is described in ATF’s rulemaking overview.
The 2024 dealer-definition rule
ATF’s 2024 “engaged in the business” rule is a different action. It concerns who is considered to be dealing in firearms and related matters, not whether a qualifying FFL may use a NOTC process for a same-state transfer. ATF’s overview of that action is available on its dealer-definition rule page.
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