Rulemaking
June 2024
Title:
Bipartisan Safer Communities Act Conforming Regulations
Action:
Direct final rule; correction.
Purpose:
The Department of Justice is correcting a direct final rule titled ‘‘Bipartisan Safer Communities Act Conforming Regulations’’ that appeared in the Federal Register on April 19, 2024. That document amended Bureau of Alcohol, Tobacco, Firearms, and Explosives (‘‘ATF’’) regulations to conform ATF regulatory text to the new firearms-related definitions and requirements established by the Bipartisan Safer Communities Act and the NICS Denial Notification Act. This document makes some minor technical corrections to the direct final rule, which otherwise remains the same as previously published.
Release Date:
06/27/2024
Effective Date:
07/18/2024
Comment Period:
Link to Official Document:
April 2024
Title:
Definition of ‘‘Engaged in the Business’’ as a Dealer in Firearms
Action:
Final Rule
Purpose:
The Department of Justice (‘‘Department’’) is amending Bureau of Alcohol, Tobacco, Firearms, and Explosives (‘‘ATF’’) regulations to implement the provisions of the Bipartisan Safer Communities Act that broaden the definition of when a person is considered ‘‘engaged in the business’’ (‘‘EIB’’) as a dealer in firearms other than a gunsmith or pawnbroker. This final rule incorporates the BSCA’s definitions of ‘‘predominantly earn a profit’’ (‘‘PEP’’) and ‘‘terrorism,’’ and amends the regulatory definitions of ‘‘principal objective of livelihood and profit’’ and ‘‘engaged in the business’’ to ensure each conforms with the BSCA’s statutory changes and can be relied upon by the public. The rule also clarifies what it means for a person to be ‘‘engaged in the business’’ of dealing in firearms and to have the intent to ‘‘predominantly earn a profit’’ from the sale or disposition of firearms. In addition, it clarifies the term ‘‘dealer’’ and defines the term ‘‘responsible person.’’ These clarifications and definitions assist persons in understanding when they are required to have a license to deal in firearms. Consistent with the Gun Control Act (‘‘GCA’’) and existing regulations, the rule also defines the term ‘‘personal collection’’ to clarify when persons are not ‘‘engaged in the business’’ because they make only occasional sales to enhance a personal collection or for a hobby, or if the firearms they sell are all or part of a personal collection. This rule further addresses the procedures that former licensees, and responsible persons acting on behalf of such licensees, must follow when they liquidate business inventory upon revocation or other termination of their license. Finally, the rule clarifies that a licensee transferring a firearm to another licensee must do so by following the verification and recordkeeping procedures in the regulations, rather than by using a Firearms Transaction Record, ATF Form 4473.
Release Date:
04/19/2024
Effective Date:
05/20/2024
Comment Period:
Link to Official Document:
Title:
Bipartisan Safer Communities Act Conforming Regulations
Action:
Direct Final Rule
Purpose:
The Department of Justice (‘‘Department’’) is amending Bureau of Alcohol, Tobacco, Firearms, and Explosives (‘‘ATF’’) regulations to implement firearms-related definitions and requirements established by the Bipartisan Safer Communities Act (‘‘BSCA’’) and the NICS Denial Notification Act (‘‘NDNA’’). These statutes went into effect on June 25, 2022, and October 1, 2022, respectively. It is necessary to make conforming changes to ensure that ATF’s regulations are current and consistent with the applicable statutes. For this reason, this direct final rule incorporates many of the BSCA and NDNA provisions that are applicable to ATF.
Release Date:
04/19/2024
Effective Date:
07/18/2024
Comment Period:
04/19/2024 to 05/20/2024
Link to Official Document:
September 2023
Title:
Definition of ‘‘Engaged in the Business’’ as a Dealer in Firearms
Action:
Notice of proposed rulemaking; request for comment
Purpose:
The Department of Justice (‘‘Department’’) proposes amending Bureau of Alcohol, Tobacco, Firearms, and Explosives (‘‘ATF’’) regulations to implement the provisions of the Bipartisan Safer Communities Act (‘‘BSCA’’), effective June 25, 2022, that broaden the definition of when a person is considered ‘‘engaged in the business’’ as a dealer in firearms other than a gunsmith or pawnbroker. This proposed rule incorporates the BSCA’s definition of ‘‘predominantly earn a profit,’’ creates a stand-alone definition of ‘‘terrorism,’’ and amends the definitions of ‘‘principal objective of livelihood and profit’’ and ‘‘engaged in the business’’ to ensure each conforms with the BSCA’s statutory changes and can be relied upon by the public. The proposed rule also clarifies what it means for a person to be ‘‘engaged in the business’’ of dealing in firearms, and to have the intent to ‘‘predominantly earn a profit’’ from the sale or disposition of firearms. In addition, it clarifies the term ‘‘dealer,’’ including how that term applies to auctioneers, and defines the term ‘‘responsible person.’’ These proposed changes would assist persons in understanding when they are required to have a license to deal in firearms. Consistent with the Gun Control Act (‘‘GCA’’) and existing regulations, the proposed rule also defines the term ‘‘personal collection’’ to clarify when persons are not ‘‘engaged in the business’’ because they make only occasional sales to enhance a personal collection, or for a hobby, or if the firearms they sell are all or part of a personal collection. This proposed rule further addresses the lawful ways in which former licensees, and responsible persons acting on behalf of such licensees, may liquidate business inventory upon revocation or other termination of their license. Finally, the proposed rule clarifies that a licensee transferring a firearm to another licensee must do so by following the verification and recordkeeping procedures instead of using a Firearms Transaction Record, ATF Form 4473.
Release Date:
09/08/2023
Effective Date:
TBD
Comment Period:
09/09/2023 to 12/07/2023
Link to Official Document:
August 2023
Title:
Annual Reporting of Explosive Materials Storage Facilities to the Local Fire Authority
Action:
Notice of proposed rulemaking
Purpose:
The Department of Justice is proposing to amend Bureau of Alcohol, Tobacco, Firearms and Explosives (‘‘ATF’’) regulations to require that any person who stores explosive materials notify on an annual basis the authority having jurisdiction for fire safety in the locality in which the explosive materials are being stored of the type of explosives, magazine capacity, and location of each site where such materials are stored. In addition, the proposed rule requires any person who stores explosive materials to notify the authority having jurisdiction for fire safety in the locality in which the explosive materials were stored whenever storage is discontinued. These changes are intended to increase public safety.
Release Date:
08/23/2023
Effective Date:
Comment Period:
08/23/2023 to 11/21/2023
Link to Official Document:
January 2023
Title:
Factoring Criteria for Firearms with Attached ‘‘Stabilizing Braces’’
Action:
Final Rule
Purpose:
The Department of Justice (‘‘Department’’ or ‘‘DOJ’’) is amending the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (‘‘ATF’’) to clarify when a rifle is designed, made, and intended to be fired from the shoulder. Specifically, under the Gun Control Act of 1968 (‘‘GCA’’) and the National Firearms Act of 1934 (‘‘NFA’’) the definition of ‘‘rifle’’ shall include a weapon that is equipped with an accessory, component, or other rearward attachment (e.g., a ‘‘stabilizing brace’’) that provides surface area that allows the weapon to be fired from the shoulder, provided other factors, as described in this preamble and in the amended regulations, indicate that the weapon is designed, made, and intended to be fired from the shoulder.
Compliance Date: Any weapons with “stabilizing braces” or similar attachments that constitute rifles under the NFA must be registered no later than May 31, 2023.
Release Date:
01/31/2023
Effective Date:
01/31/2023
Comment Period:
TBD
Link to Official Document:
August 2022
Title:
Definition of “Frame or Receiver” and Identification of Firearms; Corrections
Action:
Final rule; corrections
Purpose:
The Department of Justice (“Department”) is correcting a final rule that appeared in the Federal Register on April 26, 2022, with an effective date of August 24, 2022. The final rule amended Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) regulations by removing and replacing the regulatory definitions of “firearm frame or receiver” and “frame or receiver.” The document also amended ATF's definitions of “firearm” and “gunsmith” to clarify the meaning of those terms, and to provide definitions of terms such as “complete weapon,” “complete muffler or silencer device,” “multi-piece frame or receiver,” “privately made firearm,” and “readily” for purposes of clarity given advancements in firearms technology. Additionally, the final rule amended ATF's regulations on marking and recordkeeping that are necessary to implement the new or amended definitions. This document makes some minor technical corrections to the final rule, which otherwise remains the same as previously published.
Release Date:
08/22/2022
Effective Date:
08/24/2022
Comment Period:
Link to Official Document:
April 2022
Title:
Definition of ‘‘Frame or Receiver’’ and Identification of Firearms
Action:
Final Rule
Purpose:
The Department of Justice (‘‘Department’’) is amending Bureau of Alcohol, Tobacco, Firearms and Explosives (‘‘ATF’’) regulations to remove and replace the regulatory definitions of ‘‘firearm frame or receiver’’ and ‘‘frame or receiver’’ because the current regulations fail to capture the full meaning of those terms. The Department is also amending ATF’s definitions of ‘‘firearm’’ and ‘‘gunsmith’’ to clarify the meaning of those terms, and to provide definitions of terms such as ‘‘complete weapon,’’ ‘‘complete muffler or silencer device,’’ ‘‘multi- piece frame or receiver,’’ ‘‘privately made firearm,’’ and ‘‘readily’’ for purposes of clarity given advancements in firearms technology. Further, the Department is amending ATF’s regulations on marking and recordkeeping that are necessary to implement these new or amended definitions.
Release Date:
04/26/2022
Effective Date:
08/24/2022
Comment Period:
Link to Official Document:
January 2022
Title:
Secure Gun Storage and Definition of ‘‘Antique Firearm’’
Action:
Final Rule
Purpose:
This rule amends ATF’s regulations to account for the existing statutory requirement that applicants for Federal firearms dealer licenses certify that secure gun storage or safety devices will be available at any place where firearms are sold under the license to nonlicensed individuals. This certification is already included in the Application for Federal Firearms License, ATF Form 7/7CR (‘‘Form 7/7CR’’). The regulation also requires applicants for manufacturer or importer licenses to complete the certification if the licensee will have premises where firearms are sold to no licensees. Moreover, the regulation requires that the secure gun storage or safety devices be compatible with the firearms offered for sale by the licensee. Finally, it conforms the regulatory definitions of certain terms to the statutory language, including the definition of ‘‘antique firearm,’’ which is amended to include certain modern muzzle loading firearms.
Release Date:
01/04/2022
Effective Date:
02/03/2022
Comment Period:
Link to Official Document:
June 2021
Title:
Factoring Criteria for Firearms with Attached "Stabilizing Braces"
Action:
Notice of Proposed Rulemaking
Purpose:
Proposes amending ATF regulations to clarify when a rifle is ‘‘intended to be fired from the shoulder.’’ The proposed rule outlines factors ATF would consider when evaluating firearms equipped with a purported ‘‘stabilizing brace’’ to determine whether these weapons would be considered a ‘‘rifle’’ or ‘‘short-barreled rifle’’ under the Gun Control Act of 1968 (‘‘GCA’’) or a ‘‘rifle’’ or ‘‘firearm’’ subject to regulation under the National Firearms Act (‘‘NFA’’). The proposed rule also proposes amending the definition of “rifle” in 27 CFR 478.11 and 479.11, respectively, by adding a sentence at the end of each definition to clarify that the term “rifle” includes any weapon with a rifled barrel and equipped with an attached “stabilizing brace” that has objective design features and characteristics that indicate that the firearm is designed to be fired from the shoulder.
Release Date:
06/10/2021
Effective Date:
N/A
Comment Period:
06/10/2021 to 09/08/2021
Link to Official Document:
May 2021
Title:
Definition of "Frame or Receiver" and Identification of Firearms
Action:
Notice of Proposed Rulemaking
Purpose:
Proposes amending ATF regulations to provide new regulatory definitions of ‘‘firearm frame or receiver’’ and ‘‘frame or receiver’’ because the current regulations fail to capture the full meaning of those terms. The proposed rule also proposes amending ATF’s definitions of ‘‘firearm’’ and ‘‘gunsmith’’ to clarify the meaning of those terms, and to provide definitions of terms such as ‘‘complete weapon,’’ ‘‘complete muffler or silencer device,’’ ‘‘privately made firearm,’’ and ‘‘readily’’ for purposes of clarity given advancements in firearms technology. Further, it proposes amendments to ATF’s regulations on marking and recordkeeping that are necessary to implement these new or amended definitions.
Release Date:
05/21/2021
Effective Date:
N/A
Comment Period:
05/21/2021 to 08/19/2021
Link to Official Document:
November 2019
Title:
Rules of Practice in Explosives License and Permit Proceedings; Revisions Reflecting Changes Consistent With the Homeland Security Act of 2002
Action:
Final Rule
Purpose:
This final rule is amending ATF’s regulations concerning procedures and practices in connection with denials of initial applications, denials of renewals, and revocations of explosives licenses or permits. These regulations are being codified in a new part 771 entitled, “Rules and Practice in License and Permit Proceedings.” Additionally, this final rule includes some minor technical amendments, including removing references to statutes, regulations, positions, and other terms that are applicable only to the Department of Treasury.
Release Date:
11/25/2019
Effective Date:
12/26/2019
Comment Period:
Link to Official Document:
Title:
Removal of Expired Regulations Concerning Commerce in Firearms and Ammunition; Correction (2019R-03)
Action:
Final Rule
Purpose:
On April 1, 2019, the Department of Justice published in the Federal Register a final rule making technical changes to remove expired, obsolete, or unnecessary regulations; correct specific headings; and reflect changes to nomenclature in the Bureau of Alcohol, Tobacco, Firearms, and Explosives regulations related to the commerce in firearms and ammunition. That document inadvertently included an incomplete revision to remove all words related to an expired regulation. This final rule corrects the April 2019 amendment by revising the section to complete the removal of the expired regulation.
Release Date:
11/08/2019
Effective Date:
11/08/2019
Comment Period:
Link to Official Document:
April 2019
Title:
Removal of Expired Regulations (2017R-21)
Action:
Final Rule
Purpose:
This final rule makes technical amendments to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) regulations in the Code of Federal Regulations. These technical changes are being made to remove expired, obsolete, or unnecessary regulations; correct dates, titles, addresses, and telephone numbers; and to reflect changes to nomenclature resulting from the transfer of ATF to the Department of Justice from the Department of the Treasury pursuant to the Homeland Security Act of 2002. The changes are designed to update and provide clarity throughout these regulations.
Release Date:
04/08/2019
Effective Date:
04/08/2019
Comment Period:
Link to Official Document:
Title:
Separation Distances of Ammonium Nitrate and Blasting Agents From Explosives or Blasting Agents (1140-AA27)
Action:
Final Rule
Purpose:
The Department of Justice is amending the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to remove the reference to an outdated guidance document in an explanatory note following the table of separation distances of ammonium nitrate and blasting agents from explosives or blasting agents. This final rule also clarifies that those separation distance requirements apply to all ammonium nitrate.
Release Date:
04/01/2019
Effective Date:
05/31/2019
Comment Period:
NA
Link to Official Document:
Title:
Removal of Expired Regulations Concerning Commerce in Firearms and Ammunition and Machine Guns, Destructive Devices, and Certain Other Firearms (2014R-42)
Action:
Final Rule
Purpose:
This final rule makes technical amendments to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) regulations in the Code of Federal Regulations (CFR). These technical changes are being made to remove expired, obsolete, or unnecessary regulations; correct specific headings; and to reflect changes to nomenclature resulting from the transfer of ATF to the Department of Justice from the Department of the Treasury pursuant to the Homeland Security Act of 2002. The changes are designed to update and provide clarity throughout these regulations.
Release Date:
04/01/2019
Effective Date:
04/01/2019
Comment Period:
NA
Link to Official Document:
March 2019
Title:
Bump-Stock-Type Devices
Action:
Final Rule; Ratification
Purpose:
The Attorney General is ratifying a final rule, published in the Federal Register on December 26, 2018, that amended the definition of ‘‘machinegun’’ (or ‘‘machine gun’’) in Department of Justice regulations. The ratification is issued as a prudential matter in light of pending litigation.
Release Date:
03/14/2019
Effective Date:
03/14/2019
Comment Period:
NA
Link to Official Document:
December 2018
Title:
Bump-Stock-Type Devices
Action:
Final Rule
Purpose:
The Department of Justice is amending the Bureau of Alcohol, Tobacco, Firearms, and Explosives regulations to clarify that “bump fire” stocks, slide-fire devices, and devices with certain similar characteristics (“bump-stock-type devices”) are “machineguns” as defined by the National Firearms Act of 1934 (NFA) and Gun Control Act of 1968 (GCA), because such devices allow a shooter of a semiautomatic firearm to initiate a continuous firing cycle with a single pull of the trigger.
Release Date:
12/26/2018
Effective Date:
03/26/2019
Comment Period:
Link to Official Document:
March 2018
Title:
Bump-Stock-Type Devices
Action:
Notice of Proposed Rulemaking
Purpose:
The Department of Justice proposes to amend the Bureau of Alcohol, Tobacco, Firearms, and Explosives regulations to clarify that “bump fire” stocks, slide-fire devices, and devices with certain similar characteristics (“bump-stock-type devices”) are “machineguns” as defined by the National Firearms Act of 1934 (NFA) and Gun Control Act of 1968 (GCA), because such devices allow a shooter of a semiautomatic firearm to initiate a continuous firing cycle with a single pull of the trigger.
Release Date:
03/29/2018
Effective Date:
Comment Period:
03/29/2018 to 06/27/2018
Link to Official Document:
December 2017
Title:
Application of the Definition of Machinegun to “Bump Fire” Stocks and Other Similar Devices
Action:
Advance Notice of Proposed Rulemaking
Purpose:
The Department of Justice anticipates issuing a Notice of Proposed Rulemaking that would interpret the statutory definition of “machinegun” in the National Firearms Act of 1934 and Gun Control Act of 1968 to clarify whether certain devices, commonly known as “bump fire” stocks, fall within that definition. Before doing so, the Department and ATF need to gather information and comments from the public and industry regarding the nature and scope of the market for these devices.
Release Date:
12/26/2017
Effective Date:
Comment Period:
12/26/2017 to 01/25/2018
Link to Official Document:
June 2016
Title:
Recordkeeping Regulations - Technical Amendment to 27 CFR 478.125
Action:
Final Rule
Purpose:
This final rule makes technical amendments to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) regulations in title 27 of the Code of Federal Regulations (CFR) pertaining to certain firearms recordkeeping requirements in 27 CFR 478.125 and 478.125a to provide clarity and enhance uniformity. The technical changes are being made in the wording of three tables to reflect the same wording in the body of the regulations associated with the tables regarding the required description of firearms for recordkeeping purposes.
Release Date:
06/13/2016
Effective Date:
06/13/2016
Comment Period:
N/A
Link to Official Document:
May 2016
Title:
Implementation of Public Law 105-277 Relating to Secure Gun Storage, Amended Definition of “Antique Firearm,” and Miscellaneous Amendments (99R 125P)
Action:
Notice of Proposed Rulemaking
Purpose:
The Department of Justice proposes amending the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), to codify into regulation certain provisions of Public Law 105-277, Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999. The proposed rule would amend ATF’s regulations to account for the existing statutory requirement for applicants for firearms dealer licenses to certify that secure gun storage or safety devices will be available at any place where firearms are sold under the license to nonlicensed individuals, and amend definitions of certain terms, including an amended definition of “antique firearm,” to include certain muzzle loading firearms.
Release Date:
05/26/2016
Effective Date:
N/A
Comment Period:
05/26/2016 to 08/24/2016
Link to Official Document:
Title:
Federal Firearms License Proceedings – Hearings
Action:
Final rule
Purpose:
The Department of Justice is amending the regulations of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) regarding administrative hearings held as part of firearms license proceedings. This rule clarifies that persons requesting a hearing will be afforded the opportunity to submit facts and arguments for review and consideration during the hearing, and may make offers of settlement before and after the hearing. The regulations are intended to ensure that federal firearms licensees and persons applying for a federal firearms license are familiar with the hearing process relative to the denial, suspension, or revocation of a firearms license, or imposition of a civil fine.
Release Date:
05/23/2016
Effective Date:
07/22/2016
Comment Period:
N/A
Link to Official Document:
Title:
Identification Markings Placed on Firearm Silencers and Firearm Mufflers
Action:
Advance Notice of Proposed Rulemaking
Purpose:
The Department of Justice is considering amending the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to require licensed manufacturers, licensed importers, and nonlicensed makers to place identification markings on the outer tube of firearm silencers and firearm mufflers. The Department wishes to gather information and comments from the public and industry concerning whether or not the regulations should be amended.
Release Date:
05/04/2016
Effective Date:
05/04/2016
Comment Period:
05/04/2016 to 08/02/2016
Link to Official Document:
January 2016
Title:
Machineguns, Destructive Devices and Certain Other Firearms; Background Checks for Responsible Persons of a Trust or Legal Entity With Respect to Making or Transferring a Firearm
Action:
Final rule
Purpose:
The Department of Justice is amending the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) regarding the making or transferring of a firearm under the National Firearms Act. This final rule standardizes the requirements by ensuring that responsible persons for a trust or legal entity are subject to the same identification and background check requirements as individuals. To lessen potential compliance burdens for the public and law enforcement, this final rule eliminates the requirement for a certification signed by the chief law enforcement officer (CLEO) and instead requires CLEO notification. The final rule also clarifies the definition “responsible person” for a trust or legal entity to address concerns about the definition’s scope while maintaining the important objective of ensuring background checks for relevant parties associated with a trust or legal entity.
Release Date:
01/15/2016
Effective Date:
07/13/2016
Comment Period:
N/A
Link to Official Document:
Title:
Commerce in Firearms and Ammunition-Reporting Theft or Loss of Firearms in Transit (2007R-9P)
Action:
Final rule
Purpose:
The Department of Justice is amending the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) concerning the statutory reporting requirement for firearms that have been stolen or lost. The final rule specifies that when a Federal firearms licensee (FFL) discovers a firearm it shipped was stolen or lost in transit, the transferor/sender FFL must report the theft or loss to ATF and to the appropriate local authorities within 48 hours of discovery. The rule also reduces an FFL’s reporting burden when a theft or loss involves a firearm registered under the National Firearms Act (NFA) and ensures consistent reporting to ATF’s NFA Branch. In addition, the rule specifies that transferor/sender FFLs must reflect the theft or loss of a firearm as a disposition entry in their required records not later than 7 days following discovery of the theft or loss; moreover, if an FFL reported the theft or loss of a firearm and later discovers its whereabouts, the FFL must advise ATF that the firearm has been located and must re-enter the firearm into its required records as an acquisition or disposition entry as appropriate.
Release Date:
01/12/2016
Effective Date:
02/11/2016
Comment Period:
N/A
Link to Official Document:
October 2015
Title:
Technical Amendments to Regulations; Correction (2013R-9F)
Action:
Final rule
Purpose:
This final rule corrects the definition of “Customs Officer” in 27 CFR 555.11 of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) regulations. The Federal Register inadvertently inserted the old definition of the term when edits were made to the Technical Amendments final rule (79 FR 46690).
Release Date:
10/02/2015
Effective Date:
10/02/2015
Comment Period:
N/A
Link to Official Document:
May 2015
Title:
Importation of Arms, Ammunition and Defense Articles--Removal of Certain Defense Articles Currently on the U.S. Munitions Import List That No Longer Warrant Import Control Under the Arms Export Control Act (2011R-25P)
Action:
Final rule
Purpose:
The Department of Justice is finalizing without change an amendment to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) regulations to remove those defense articles currently on the U.S. Munitions Import List that ATF, by delegation, has determined no longer warrant import control under the Arms Export Control Act.
Release Date:
05/29/2015
Effective Date:
06/29/2015
Comment Period:
N/A
Link to Official Document:
Title:
Separation Distances of Ammonium Nitrate and Blasting Agents from Explosives or Blasting Agents (2002R-226P)
Action:
Notice of proposed rulemaking
Purpose:
The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) is proposing to amend its regulations to clarify that all ammonium nitrate is subject to the separation distances requirements in 27 CFR 555.206(c)(2) and 555.220.
Release Date:
05/29/2015
Effective Date:
N/A
Comment Period:
05/29/2015 to 08/27/2015
Link to Official Document:
February 2015
Title:
Authorization To Seize Property Involved in Drug Offenses for Administrative Forfeiture (2012R-9P)
Action:
Final Rule
Purpose:
The Department of Justice is amending its regulations to delegate to the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) authority to seize and administratively forfeit property involved in controlled substance offenses. This rule amends the regulations in 28 CFR part 0 to delegate to the Director of ATF the authority to seize, forfeit, and remit or mitigate the forfeiture of property in accordance with 21 U.S.C. 881. Forfeiting the assets of criminals is an essential tool in combating criminal activity and provides law enforcement with the capacity to dismantle criminal organizations, deprive wrongdoers of the proceeds of their illegal activities, and deter crime.
Release Date:
02/25/2015
Effective Date:
02/25/2015
Comment Period:
N/A
Link to Official Document:
October 2014
Title:
Rules of Practice in Explosives License and Permit Proceedings (2007R-5P); Revisions reflecting changes consistent with the Homeland Security Act of 2002
Action:
Notice of proposed rulemaking
Purpose:
The Department of Justice proposes to codify existing Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) procedures and practices in connection with the disapproval of initial applications, denials of renewal, and revocations of explosives licenses or permits under 18 U.S.C. Chapter 40. Existing practice on these issues was developed when ATF was a part of the Treasury Department, and at that time ATF relied on existing Treasury regulations (27 CFR Part 71, applicable to alcohol permits and licenses) to guide the procedures and practices for explosives licenses and permits. This rule will place the relevant regulations within the Department of Justice framework, and will explicitly address administrative actions and licensing processes for explosives matters. The Department proposes relying heavily on the Treasury regulations on which its current practices are based, with minor non-substantive revisions, for example, removal of all references to statutes, regulations, positions or other such nomenclature that is applicable only to Treasury.
Release Date:
10/07/2014
Effective Date:
N/A
Comment Period:
10/07/2014 to 01/05/2015
Link to Official Document:
August 2014
Title:
Commerce in Firearms and Ammunition - Reporting Theft or Loss of Firearms in Transit
Action:
Notice of proposed rulemaking (Comments Requested)
Purpose:
The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) is seeking public comments on a proposal to amend its regulations to ensure that firearms lost or stolen in transit are timely and properly reported as required by law. In addition, ATF is proposing to streamline the reporting requirements when the lost/stolen firearm is registered under the National Firearms Act (NFA), reducing the number of reports required of Federal Firearms Licensees (FFLs). From FY 2008 through FY 2012, in an average of 1,525 crime gun traces per year, FFLs claimed to have never received the firearm allegedly shipped to it and no one reported the theft or loss to ATF. The Gun Control Act (GCA) requires FFLs to report lost or stolen firearms to ATF and to the appropriate local authorities within 48 hours; however, when the loss or theft occurs in transit between FFLs or non-licensees, the GCA does not specify who should report such loss or theft. This proposal seeks to ensure that such losses and thefts do not continue to go unreported by clarifying that it is the sender or transferor that is the appropriate reporting party, because it is the sender that is in the best position to know when and how the firearms were shipped and to follow-up with the shipping service provider to determine what may have occurred. Understanding that sender/transferor FFLs will not always have timely information regarding firearms that have not shown up at their destination, the rule proposes that the reporting requirement be triggered when the sender learns that the firearm did not arrive. The proposal would require the FFL that was the transferor/sender to reflect the theft or loss of a firearm as a disposition entry in its records no later than 7 days following discovery of the theft or loss. FFLs reporting a theft or loss of a firearm that later discover the whereabouts of the firearm(s) must notify ATF that the firearm has been located and adjust their records by re-entering the firearm as an acquisition or disposition entry as appropriate. ATF also proposes to reduce the reporting burden on FFLs when the theft or a loss of a firearm is registered under the NFA. The Federal Firearms Licensee Firearms Inventory Theft/Loss Report (ATF Form 3310.11) will allow for simultaneous reporting of the information to the National Tracing Center and the NFA Branch, eliminating the current practice of requiring separate, written reports.
Release Date:
08/11/2014
Effective Date:
N/A
Comment Period:
08/12/2014 to 11/10/2014
Link to Official Document:
Title:
Technical Amendments to Regulations in Title 27, Chapter II
Action:
Final rule
Purpose:
This final rule makes technical amendments and corrects typographical errors in parts 447, 478, 479, 555, and 646 of title 27, Code of Federal Regulations (CFR). These amendments do not change ATF's existing authorities or responsibilities.
Many of the technical changes are being made to reflect changes in terminology that resulted from the transfer of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to the Department of Justice from the Department of the Treasury pursuant to the Homeland Security Act of 2002. The changes are designed to provide clarity and enhance uniformity throughout these regulations.
Release Date:
08/08/2014
Effective Date:
08/11/2014
Comment Period:
N/A
Link to Official Document:
Title:
Elimination of Firearms Transaction Record, ATF Form 4473 (Low Volume) (2008R-21P)
Action:
Final rule
Purpose:
The regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) are being modified by this rule to eliminate the Firearms Transaction Record, ATF Form 4473 (Low Volume (LV)), Parts I and II. Federally licensed firearms dealers who transferred not more than 50 firearms per year were eligible to use this form as an alternate record for the receipt and disposition of firearms. Because licensees rarely used Form 4473 (LV), ATF sought comment from the public as to whether it should eliminate this infrequently used form as an efficiency measure. After review of public comments, ATF determined that the form was rarely used and the cost of updating and printing the form outweighed the benefits. Consequently, ATF determined that elimination of the form best serves the public interest. All Federal firearms licensees must now record acquisitions and dispositions of firearms pursuant to 27 CFR 478.125.
Release Date:
08/01/2014
Effective Date:
10/03/2014
Comment Period:
N/A
Link to Official Document:
July 2014
Title:
Supplemental Standards of Ethical Conduct for Employees of the Department of Justice (2013R-4F)
Action:
Final rule
Purpose:
The Department of Justice (DOJ), with the concurrence of the Office of Government Ethics, is amending its Supplemental Standards of Ethical Conduct for Employees of the Department of Justice (Supplemental Standards) to incorporate, without substantive change, existing rules for Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) employees that had initially been adopted by the Department of the Treasury (Treasury) when ATF was within Treasury. These rules, which have continued to be applicable to ATF employees after the agency moved to DOJ, are being incorporated without substantive change into DOJ’s Supplemental Standards of Ethical Conduct for Employees. Additionally, this final rule designates ATF as a separate agency for purposes of applying provisions of the Standards of Ethical Conduct regarding gifts, teaching, speaking, and writing.
Release Date:
07/25/2014
Effective Date:
07/31/2014
Comment Period:
N/A
Link to Official Document:
March 2014
Title:
Removal of Defense Articles Currently on the U.S. Munitions Import List, (2011R-25P)
Action:
Interim Final Rule with Comments Requested
Purpose:
Primarily removes those defense articles currently on the U.S. Munitions Import List that ATF, by delegation, has determined no longer warrant import control under the Arms Export Control Act.
Release Date:
03/27/2014
Effective Date:
04/28/2014
Comment Period:
03/27/2014 to 06/25/2014
Link to Official Document: