Proposed Rule2026-08912
Removing CLEO Notification Under the National Firearms Act
Primary source
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Published
May 6, 2026
Issuing agencies
Justice DepartmentAlcohol, Tobacco, Firearms, and Explosives Bureau
Abstract
The Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF") proposes amending Department of Justice ("Department") regulations to remove the requirement that a copy of all applications to make or transfer a firearm subject to the National Firearms Act, and the specified form for responsible persons, as applicable, be forwarded to the chief law enforcement officer of the locality in which the applicant/transferee or responsible person is located.
Full Text
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<title>Federal Register, Volume 91 Issue 87 (Wednesday, May 6, 2026)</title>
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[Federal Register Volume 91, Number 87 (Wednesday, May 6, 2026)]
[Proposed Rules]
[Pages 24471-24478]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08912]
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DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms, and Explosives
27 CFR Part 479
[Docket No. ATF-2026-0004; ATF No. 2025R-15P]
RIN 1140-AA65
Removing CLEO Notification Under the National Firearms Act
AGENCY: Bureau of Alcohol, Tobacco, Firearms, and Explosives,
Department of Justice.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Bureau of Alcohol, Tobacco, Firearms, and Explosives
(``ATF'') proposes amending Department of Justice (``Department'')
regulations to remove the requirement that a copy of all applications
to make or transfer a firearm subject to the National Firearms Act, and
the specified form for responsible persons, as applicable, be forwarded
to the chief law enforcement officer of the locality in which the
applicant/transferee or responsible person is located.
DATES: Comments must be submitted in writing, and must be submitted on
or before (or, if mailed, must be postmarked on or before) July 6,
2026. Commenters should be aware that the federal e-rulemaking portal
comment system will not accept comments after midnight Eastern Time on
the last day of the comment period.
ADDRESSES: You may submit comments, identified by RIN 1140-AA65, by
either of the following methods--
<bullet> Federal e-rulemaking portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Follow the instructions for submitting comments.
<bullet> Mail: ATF Rulemaking Comments; Mail Stop 6N-518, Office of
Regulatory Affairs; Enforcement Programs and Services; Bureau of
Alcohol, Tobacco, Firearms, and Explosives; 99 New York
[[Page 24472]]
Ave. NE; Washington, DC 20226; ATTN RIN 1140-AA65.
Instructions: All submissions must include the agency name and
number (RIN 1140-AA65) for this notice of proposed rulemaking (``NPRM''
or ``proposed rule''). ATF may post all properly completed comments it
receives from either of the methods described above, without change, to
the federal e-rulemaking portal, <a href="https://www.regulations.gov">https://www.regulations.gov</a>. This
includes any personally identifying information (``PII'') or business
proprietary information (``PROPIN'') submitted in the body of the
comment or as part of a related attachment they want posted. Commenters
who submit through the federal e-rulemaking portal and do not want any
of their PII posted on the internet should omit it from the body of
their comment and in any uploaded attachments that they want posted. If
online commenters wish to submit PII with their comment, they should
place it in a separate attachment and mark it at the top with the
marking ``CUI//PRVCY.'' Commenters who submit through mail should
likewise omit their PII or PROPIN from the body of the comment and
provide any such information on the cover sheet only, marking it at the
top as ``CUI//PRVCY'' for PII, or as ``CUI//PROPIN'' for PROPIN. For
detailed instructions on submitting comments and additional information
on the rulemaking process, see the ``Public Participation'' heading of
the SUPPLEMENTARY INFORMATION section of this document. In accordance
with 5 U.S.C. 553(b)(4), a summary of this rule may be found at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Commenters must submit comments by using one of
the methods described above, not by emailing the address set forth in
the following paragraph.
FOR FURTHER INFORMATION CONTACT: Office of Regulatory Affairs, by email
at <a href="/cdn-cgi/l/email-protection#9ad5c8dbdafbeefcb4fdf5ec"><span class="__cf_email__" data-cfemail="8bc4d9cacbeaffeda5ece4fd">[email protected]</span></a>, by mail at Office of Regulatory Affairs; Enforcement
Programs and Services; Bureau of Alcohol, Tobacco, Firearms, and
Explosives; 99 New York Ave. NE, Washington, DC 20226, or by telephone
at 202-648-7070 (this is not a toll-free number).
SUPPLEMENTARY INFORMATION:
I. Background
The Attorney General is responsible for enforcing the provisions of
the National Firearms Act (``NFA''), 26 U.S.C. chapter 53.\1\ Congress
and the Attorney General have delegated the responsibility for
administering and enforcing the NFA to the Director of ATF
(``Director''), subject to the direction of the Attorney General and
the Deputy Attorney General. See 28 U.S.C. 599A(b)(1), (c)(1); 28 CFR
0.130(a)(1)-(2); Treas. Order No. 221(2)(a), (d), 37 FR 11696-97 (June
10, 1972).\2\ Accordingly, the Department and ATF have promulgated
regulations to implement the NFA in 27 CFR part 479.
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\1\ Some NFA provisions still refer to the ``Secretary of the
Treasury.'' However, the Homeland Security Act of 2002, Public Law
107-296, 116 Stat. 2135, transferred the functions of ATF from the
Department of the Treasury to the Department of Justice, under the
general authority of the Attorney General. 26 U.S.C. 7801(a)(2); 28
U.S.C. 599A(c)(1). Thus, for ease of reference, this proposed rule
refers to the Attorney General where relevant.
\2\ In Attorney General Order Number 6353-2025, the Attorney
General delegated authority to the Director to issue regulations
pertaining to matters within ATF's jurisdiction, including under the
NFA, Gun Control Act, and Title XI of the Organized Crime Control
Act. ATF's jurisdiction also includes those portions of sec. 38 of
the Arms Export Control Act pertaining to permanently importing
defense articles and services and the Contraband Cigarette
Trafficking Act.
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A. Application To Make a Firearm
Section 5822 of the NFA prohibits any person from making a firearm
unless the person has: (1) filed with the Attorney General a written
application, in duplicate, to make and register the firearm; (2) paid
any tax required to make the firearm and affixed the proper tax stamp
to the original application form; \3\ (3) identified the firearm in the
application form in such manner as prescribed by regulation; (4)
identified themself in the application form in such manner as
prescribed by regulation, and that, if such person is an individual,
the identification must include the individual's fingerprints and
photograph; and (5) obtained the Attorney General's approval on the
form to make and register the firearm. 26 U.S.C. 5822. Applications
must be denied if making or possessing the firearm would place the
person making the firearm in violation of law. For purposes of the NFA,
the term ``person'' means ``an individual, a trust, estate,
partnership, association, company or corporation.'' 26 U.S.C.
7701(a)(1).
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\3\ Effective January 1, 2026, the tax for making NFA firearms
(other than machine guns and destructive devices) is $0. Public Law
119-21, sec. 70436 (July 4, 2025).
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Regulations implementing 26 U.S.C. 5822 are set forth in 27 CFR
part 479, subpart E. The regulations provide, at 27 CFR 479.62, that no
person may make a firearm unless the person has filed with the Director
an ATF 5320.1, Application to Make and Register an NFA Firearm (``Form
1''), and has received the Director's approval to make the firearm.
Approving the application also registers the firearm to the applicant
in the National Firearms Registration and Transfer Record (``NFRTR'').
Prior to submitting the application to the Director, all applicants and
responsible persons must currently forward a complete copy of Form 1 or
a complete copy of ATF Form 5320.23, NFA Responsible Person
Questionnaire (``Form 23''), respectively, to the chief law enforcement
officer (``CLEO'') of the locality in which the applicant or
responsible person is located. The CLEO is defined at 27 CFR 479.62(c)
as the local chief of police, county sheriff, head of the state police,
or state or local district attorney or prosecutor.
B. Application To Transfer a Firearm
Section 5812(a) of the NFA provides that a firearm may not be
transferred unless: (1) the firearm's transferor has filed a written
application, in duplicate, to transfer and register the firearm to the
transferee, using the prescribed application form; (2) the transferor
has paid any tax required, and affixed the proper tax stamp to the
original application form; \4\ (3) the application form identifies the
transferee in such manner as prescribed by regulation, and that, if
such person is an individual, the identification must include the
individual's fingerprints and photograph; (4) the application form
identifies the transferor in such manner as prescribed by regulation;
(5) the application form identifies the firearm in such manner as
prescribed by regulation; and (6) the application form shows that the
Attorney General has approved the transfer and that the firearm has
been registered to the transferee. Applications will be denied if
transferring, receiving, or possessing the firearm would place the
transferee in violation of law. 26 U.S.C. 5812(a). Section 5812(b) of
the NFA provides that the transferee may not take possession of the
firearm unless the Attorney General has approved the transfer and
registered the firearm to the transferee.
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\4\ Effective January 1, 2026, the transfer tax for NFA firearms
(other than machine gun and destructive devices) is $0. Public Law
119-21, sec. 70436 (July 4, 2025).
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Regulations implementing 26 U.S.C. 5812 are set forth in 27 CFR
part 479, subpart F. In general, Sec. 479.84 provides that no firearm
may be transferred in the United States unless an application, ATF
5320.4, Application to Transfer and Register NFA Firearm (Tax Paid)
(``Form 4''), has been filed and approved by the Director. Prior to
submitting the
[[Page 24473]]
application to the Director, all transferees and responsible persons
must forward a complete copy of Form 4 or Form 23, respectively, to the
CLEO of the locality in which the applicant or responsible person is
located. The CLEO is defined at Sec. 479.84(c) as the local chief of
police, county sheriff, head of the state police, or state or local
district attorney or prosecutor.
II. Proposed Rule
Before 2014, ATF required individuals applying to make or transfer
a firearm under the NFA to receive a certification from the CLEO of the
jurisdiction in which the applicant resided. Certifications on Form 1
and Form 4 requested that CLEOs confirm that they had no information
indicating the maker or transferee would use the firearm or device
described on the application for other than lawful purposes and,
further, that CLEOs had no information that receiving or possessing the
firearm or device would place the maker or the transferee in violation
of state or local law.\5\
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\5\ See, e.g., ATF Form 1, Application to Make and Register a
Firearm, (draft 12-31-13), available at <a href="https://www.reginfo.gov/public/do/PRAViewIC?ref_nbr=201401-1140-001&icID=12720">https://www.reginfo.gov/public/do/PRAViewIC?ref_nbr=201401-1140-001&icID=12720</a> (last visited
April 22, 2026).
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In 2009, ATF received a petition for rulemaking from the National
Firearms Act Trade and Collectors Association (``NFATCA'') that
requested, in part, that ATF eliminate the required CLEO certification
for making and transferring NFA firearms.\6\ The petitioner cited the
lack of CLEO cooperation as reason for eliminating the requirement.
Additionally, the petitioner asserted that ATF did not accept the CLEO
certification as prima facie evidence that the applicant lawfully
possesses the NFA firearm because ATF verifies that the applicant may
lawfully possess an NFA firearm under state and federal law. In
response to this petition, the Department issued an NPRM in 2013
titled, ``Machine Guns, Destructive Devices and Certain Other Firearms;
Background Checks for Responsible Persons of a Corporation, Trust or
Other Legal Entity With Respect To Making or Transferring a Firearm,''
to extend NFA requirements, including CLEO certifications, to
responsible persons of legal entities. See 78 FR 55014, 55016-17 (Sept.
9, 2013).
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\6\ The term ``NFA firearm'' means firearms and other weapons to
which the NFA applies--specifically, machine guns, shotguns having a
barrel or barrels of less than 18 inches in length, rifles having a
barrel or barrels of less than 16 inches in length, weapons made
from a rifle having an overall length of less than 26 inches or a
barrel or barrels of less than 16 inches in length or weapons made
from a shotgun with an overall length of less than 26 inches or a
barrel or barrels of less than 18 inches in length, silencers,
destructive devices, and any other weapon as defined by the Act. 26
U.S.C. 5845(a).
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The comments in response to the NPRM echoed the NFATCA petition.
See 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, 81 FR 2658, 2680
(Jan. 15, 2016) (``2016 final rule''). Commenters explained that, in
practice, many applicants struggled to obtain CLEO sign-off. CLEOs
would refuse to sign for a variety of reasons. Some CLEOs feared civil
liability should weapons be misused. Others were ideologically opposed
to persons possessing certain weapons. Applicants would respond by
going to different CLEOs in their jurisdiction to find one who would
sign. Alternatively, they would form a trust or legal entity because
ATF did not require CLEO sign-off for trusts and legal entities. But
when individuals formed entities, ATF also did not perform a background
check on individuals authorized to possess NFA firearms under the
auspices of the entity.
ATF changed both practices in the 2016 final rule when it required
responsible persons of an entity to submit to a background check and
also changed the CLEO certification requirement to a notice-based
system. See 81 FR 2658. Specifically, ATF changed its regulations to
require that applicants forward a copy of their application to a CLEO
in their jurisdiction and to allow CLEOs who had objections to making
or transferring a firearm to forward their objections to ATF for
review. As part of the change, ATF amended its regulations to no longer
require CLEO consent to approve an application to make or transfer an
NFA firearm. See 27 CFR 479.62, 479.84.
Now, ATF proposes to discontinue this notification practice. ATF
has no information that the CLEO notification meaningfully aids
criminal investigations or serves a significant purpose for local law
enforcement. Additionally, ATF does not need the notices for purposes
of approving or disapproving firearm transfers. When the CLEO
certification requirement was first imposed, ATF relied on local law
enforcement to help determine whether a person could lawfully possess
NFA firearms. Now, all applicants to make or transfer NFA firearms are
subject to a thorough background check through the National Instant
Criminal Background Check System. ATF makes its own assessment of state
and local law to determine whether specific NFA firearms are lawful in
the maker's or transferee's jurisdiction and no longer relies on local
law enforcement for that information.
In the 2016 final rule, the Department rejected fully eliminating
the CLEO requirement. The Department wrote that the CLEO notice
provided ``awareness that a resident of the CLEO's jurisdiction has
applied to make or obtain an NFA weapon and affords the CLEO an
opportunity to provide input to [ ] ATF of any information that may not
be available during a federal background check indicating that the
applicant is prohibited from possessing firearms.'' 81 FR 2682.
In the nearly ten years this system has been in place, it has not
worked as intended. During this time period, ATF is not aware of CLEOs
performing independent background checks or filing objections to making
or transferring a firearm. The general feedback to ATF regarding the
CLEO notification has been that law enforcement agencies simply discard
these notices. However, ATF encourages public comments from CLEOs on
whether these notices provide a benefit to them.
These notices are not costless. In the 2016 final rule, ATF
estimated that the notice requirement would cost applicants
(individuals and entities) nearly $5.8 million annually. 81 FR 2713.
That cost is higher today because of the increase in NFA transfers and
inflation. In section III.A of this preamble, ATF estimates the savings
from removing this requirement to be approximately $11.4 million
annually.
There are also no legal impediments to removing the CLEO notice.
The CLEO notice is not in the statutory requirements for applying to
make or transfer NFA firearms. This requirement, instead, has been
upheld as an implied power based on ATF's ``broad authority to
promulgate regulations governing application forms.'' Lomont v.
O'Neill, 285 F.3d 9, 16 (D.C. Cir. 2002). Thus, removing the
notification requirement would lessen the burden on applicants and be
consistent with the statutory requirements for approving applications
to make or transfer a firearm.
Accordingly, ATF proposes amending 27 CFR 479.62 and 479.84 to
remove the requirement that a copy of all applications to make or
transfer a firearm, and the specified form for responsible persons, as
applicable, be forwarded to the CLEO of the locality in which the
maker, transferee, or responsible person is located.
[[Page 24474]]
III. Statutory and Executive Order Review
A. Executive Orders 12866 and 13563
Executive Order 12866 (Regulatory Planning and Review) directs
agencies to assess the costs and benefits of available regulatory
alternatives and, if regulation is necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13563 (Improving Regulation and Regulatory Review)
emphasizes the importance of agencies quantifying both costs and
benefits, reducing costs, harmonizing rules, and promoting public
flexibility.
This proposed rulemaking responds to the inquiries ATF has received
regarding the purpose of the CLEO notification, and further addresses
confusion expressed by CLEOs as to whether their respective law
enforcement agency qualifies as the chief law enforcement agency, or
whether that agency can be removed as the chief law enforcement agency.
The Office of Management and Budget (``OMB'') has determined that this
proposed rule would not be a ``significant regulatory action'' under
Executive Order 12866. Therefore, it did not review this rule. ATF
provides the following analysis to comply with Executive Orders 12866
and 13563.
1. Need Statement
CLEO notification may not meaningfully aid criminal investigations
or serve a significant purpose for local law enforcement that outweighs
the burdens imposed by the rule; therefore, this proposed rule would
amend 27 CFR part 479 to remove the requirement to submit a completed
NFA application form or responsible person questionnaire to CLEOs,
thereby lessening the burdens on persons who make or transfer such
firearms. ATF's current understanding is that CLEOs do not make use of
these notifications. However, ATF encourages public comments from CLEOs
as to whether receiving such notices provides benefits to them.
2. Population
ATF maintains a record of applications to make or transfer NFA
firearms. Over the last ten years, the number of NFA applications has
increased.\7\ Table 1 shows the number of applications by year from
2015 through 2024.
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\7\ National Firearms Act Division, ATF, <a href="https://www.atf.gov/firearms/national-firearms-act-division">https://www.atf.gov/firearms/national-firearms-act-division</a> [<a href="https://perma.cc/9TRZ-63BV">https://perma.cc/9TRZ-63BV</a>].
Table 1--Historical Number of Applications
------------------------------------------------------------------------
Estimated CLEO
Year notifications
------------------------------------------------------------------------
2015.................................................. 307,524
2016.................................................. 548,235
2017.................................................. 259,147
2018.................................................. 339,278
2019.................................................. 370,347
2020.................................................. 487,745
2021.................................................. 689,822
2022.................................................. 764,814
2023.................................................. 1,061,068
2024.................................................. 1,170,028
------------------------------------------------------------------------
ATF determined the average rate of change from one year to the next
in Table 1's data, then used statistical software to forecast the
number of future applications for years 2025 to 2034 applying that same
rate of change. Table 2 provides the anticipated increase in Form 4
applications over the next ten years.
Table 2--Projected Number of CLEO Notifications
------------------------------------------------------------------------
Projected CLEO
Future years notifications
------------------------------------------------------------------------
1..................................................... 1,243,806
2..................................................... 1,335,050
3..................................................... 1,426,295
4..................................................... 1,517,540
5..................................................... 1,608,785
6..................................................... 1,700,030
7..................................................... 1,791,275
8..................................................... 1,882,519
9..................................................... 1,973,764
10.................................................... 2,065,009
------------------------------------------------------------------------
3. Benefits and Savings
This proposed rule would no longer require individuals to notify
CLEOs by submitting a copy of their NFA applications. ATF anticipates
this proposed rule would primarily affect individuals who make or
transfer NFA items for personal use. For purposes of this analysis, ATF
estimates that it would take 15 minutes (0.25 hours) for an individual
to copy the relevant form prior to submitting the original to ATF.
Furthermore, individuals applying to purchase an NFA firearm would
likely be doing so during their leisure time; therefore, ATF estimated
a leisure wage rate based on methodology from the Department of Health
and Human Services (``HHS''), updated to account for the latest
available data.\8\ The HHS methodology is to first obtain the average
U.S. median non-leisure weekly wage from the Bureau of Labor Statistics
(``BLS''), and divide it by 40 hours to derive the median hourly non-
leisure wage. Step two is to obtain the average U.S. real household
income before taxes and after taxes from the Census Bureau, and divide
one by the other to determine the net household income rate. Step three
applies the net income rate to the median non-leisure hourly rate
derived in step one, to calculate the hourly leisure wage. Table 3
shows the steps and data ATF used under this methodology to determine
an updated leisure wage.
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\8\ <a href="https://aspe.hhs.gov/sites/default/files/private/pdf/257746/VOT.pdf">https://aspe.hhs.gov/sites/default/files/private/pdf/257746/VOT.pdf</a>.
Table 3--Calculating Leisure Wage
------------------------------------------------------------------------
Inputs for leisure wage rate Numerical inputs Source
------------------------------------------------------------------------
1a. Median non-leisure $1,214.............. News Release, BLS,
weekly wage. Usual Weekly
Earnings for Wage
and Salary Workers
<a href="https://www.bls.gov/opub/ted/2025/median-weekly-earnings-were-1076-for-women-1333-for-men-in-third-quarter-2025.htm">https://www.bls.gov/opub/ted/2025/median-weekly-earnings-were-1076-for-women-1333-for-men-in-third-quarter-2025.htm</a>
(<a href="https://www.bls.gov/news.release/archives/wkyeng_04162025.pdf">https://www.bls.gov/news.release/archives/wkyeng_04162025.pdf</a>
).
1b. Median non-leisure $30.35.............. $1,214/40 hours a
hourly wage. week = $30.35.
2a. Real household income $83,730............. U.S. Census Bureau,
pre-tax. Median Household
Income <a href="https://www.census.gov/library/publications/2025/demo/p60-286.html">https://www.census.gov/library/publications/2025/demo/p60-286.html</a>.
2b. Real household income $72,330............. U.S. Census Bureau,
post-tax. Median Household
Income <a href="https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwww2.census.gov%2Fprograms-*surveys%2Fdemo%2Ftables%2Fp60%2F286%2FtableB1.xlsx&wdOrigin=BROWSELINK">https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwww2.census.gov%2Fprograms-*surveys%2Fdemo%2Ftables%2Fp60%2F286%2FtableB1.xlsx&wdOrigin=BROWSELINK</a> gin=BROWSELINK.
[[Page 24475]]
2c. Net household income 86 percent.......... $72,330 post-tax
rate. income/$83,730 pre-
tax income = .86
net household
income rate.
3a. Hourly leisure wage..... $26.10.............. $30.35 hourly non-
leisure wage * .86
net household
income rate =
$26.10 hourly
leisure wage.
3b. Rounded hourly leisure $26.................
wage.
------------------------------------------------------------------------
Based on the methodology outlined by HHS, the estimated leisure
wage is $26 per hour, which ATF then used to calculate the hourly
savings. At 0.25 hours to copy per application, ATF estimates that this
proposed rule would provide a $7 (rounded) hourly time savings per
application.
Table 4--Deregulatory Savings Over Ten Years *
----------------------------------------------------------------------------------------------------------------
3-Percent 7-Percent
Year Undiscounted discount discount
----------------------------------------------------------------------------------------------------------------
2025................................................... $8,706,642 $8,453,050 $8,137,049
2026................................................... 9,345,350 8,808,889 8,162,591
2027................................................... 9,984,065 9,136,834 8,149,971
2028................................................... 10,622,780 9,438,202 8,104,068
2029................................................... 11,261,495 9,714,265 8,029,290
2030................................................... 11,900,210 9,966,239 7,929,612
2031................................................... 12,538,925 10,195,293 7,808,612
2032................................................... 13,177,633 10,402,545 7,669,502
2033................................................... 13,816,348 10,589,080 7,515,178
2034................................................... 14,455,063 10,755,924 7,348,221
--------------------------------------------------------
Total................................................ 115,808,511 97,460,322 78,854,095
--------------------------------------------------------
Annualized........................................... ................. 11,425,323 11,227,049
----------------------------------------------------------------------------------------------------------------
* The ``Undiscounted'' column represents totals from the underlying costs. Consistent with guidance provided by
OMB in Circular A-4, the ``3-percent discount rate'' and ``7-percent discount rate'' columns result from
applying an economic formula to the number in each row of the ``Undiscounted'' column to show how these future
costs over time would be valued today; they do not contain totals from other tables.
By multiplying the $7 savings by the number of applications by
year, ATF anticipates this proposed rule would have a total, ten-year
undiscounted, savings of $115.8 million or annualized savings of $11.4
million at a 3 percent discount rate and $11.2 million at a 7 percent
discount rate.
This NPRM's proposals would alleviate the burden on individuals and
CLEOs from providing and receiving, respectively, NFA applicant and
responsible person notifications. As stated above, CLEOs are confused
about the purpose for the notification requirement and what they should
do with these forms when they receive them. This proposed rulemaking
would remove that confusion in a manner that would not hinder public
safety.
B. Executive Order 14192
Executive Order 14192 (Unleashing Prosperity Through Deregulation)
requires an agency, unless prohibited by law, to identify at least ten
existing regulations to be repealed or revised when the agency publicly
proposes for notice-and-comment or otherwise promulgates a new
regulation that qualifies as an Executive Order 14192 regulatory action
(defined in OMB Memorandum M-25-20 as a final significant regulatory
action under section 3(f) of Executive Order 12866 that imposes total
costs greater than zero). In furtherance of this requirement, section
3(c) of Executive Order 14192 requires that any new incremental costs
associated with such new regulations must, to the extent permitted by
law, also be offset by eliminating existing costs associated with at
least ten prior regulations. However, this proposed rule would not be
an Executive Order 14192 regulatory action because it is not a
significant regulatory action as defined by Executive Order 12866 and
it would not impose total costs greater than zero. This proposed rule
would remove the previous regulatory requirement to notify CLEOs about
applications to make or transfer NFA firearms and save the public from
the costs and burdens of complying with them. ATF therefore expects
this rule, if finalized as proposed, to qualify as an Executive Order
14192 deregulatory action (defined by OMB Memorandum M-25-20 as a final
action that imposes total costs less than zero).
C. Executive Order 14294
Executive Order 14294 (Fighting Overcriminalization in Federal
Regulations) requires agencies promulgating regulations with criminal
regulatory offenses potentially subject to criminal enforcement to
explicitly describe the conduct subject to criminal enforcement, the
authorizing statutes, and the mens rea standard applicable to each
element of those offenses. This proposed rule would not create a
criminal regulatory offense and is thus exempt from Executive Order
14294 requirements.
D. Executive Order 13132
This proposed rule would not have substantial direct effects on the
states, the relationship between the federal government and the states,
or the distribution of power and responsibilities among the various
levels of government. Therefore, in accordance with section 6 of
Executive Order 13132 (Federalism), the Director has determined that
this proposed rule would not impose substantial direct compliance costs
on state and local governments, preempt state law, or meaningfully
implicate federalism. It
[[Page 24476]]
thus does not warrant preparing a federalism summary impact statement.
E. Executive Order 12988
This proposed rule meets the applicable standards set forth in
sections 3(a) and 3(b)(2) of Executive Order 12988 (Civil Justice
Reform).
F. Regulatory Flexibility Act
Under the Regulatory Flexibility Act (``RFA''), 5 U.S.C. 601-612,
agencies are required to conduct a regulatory flexibility analysis of
any proposed rule subject to notice-and-comment rulemaking requirements
unless the agency head certifies, including a statement of the factual
basis, that the proposed rule would not have a significant economic
impact on a substantial number of small entities. Small entities
include certain small businesses, small not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
The Director certifies, after consideration, that this proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed rule does not negatively impact
small entities; it removes the burden for individuals who currently
have to notify CLEOs when they apply to make or transfer an NFA
firearm, and does the same for responsible persons. Because entities
have responsible persons, this rule would reduce the burden for those
persons, and thereby reduce the burden for the entities by extension.
This proposed rule would thus result in a minor indirect benefit to
entities from the time saved by their responsible persons. It does not
create costs or burdens and does not generate a barrier to entry for
small businesses.
G. Unfunded Mandates Reform Act of 1995
This proposed rule does not include a federal mandate that might
result in the expenditure by state, local, and tribal governments, in
the aggregate, or by the private sector, of $100 million or more in any
one year, and it would not significantly or uniquely affect small
governments. Therefore, ATF has determined that no actions are
necessary under the provisions of the Unfunded Mandates Reform Act of
1995.
H. Paperwork Reduction Act of 1995
Under the Paperwork Reduction Act of 1995 (``PRA''), 44 U.S.C.
3501-3521, agencies are required to submit to OMB, for review and
approval, any information collection requirements a rule creates or any
impacts it has on existing information collections. An information
collection includes any reporting, record-keeping, monitoring, posting,
labeling, or other similar actions an agency requires of the public.
See 5 CFR 1320.3(c). This proposed rule would not create any new
information collection requirements, but it would impact three existing
information collections covered under the PRA. As discussed above, this
proposed rule would require ATF to remove the sections of Form 1 (OMB
control number 1140-0011), Form 4 (OMB control number 1140-0014), and
Form 23 (OMB control number 1140-0107) that require applicants to
submit a copy of the form to the CLEO and to certify that they have
done so, along with accompanying instructions. ATF anticipates the
impacts from this rule would reduce respondents' time burden to
complete the forms.
Impacted ICR 1
Title: Application to Make and Register NFA Firearm.
OMB control number: 1140-0011.
Form number: ATF Form 5320.1 (``Form 1'').
Summary of the information collection: Any person other than a
qualified manufacturer who wishes to make and register an NFA firearm
must submit a written application to ATF on a form prescribed by ATF.
26 U.S.C. 5822. They must also identify the firearm they are making,
themselves as the maker, and, if an individual, must include their
fingerprints and a photograph with the application. In Sec. 479.62,
ATF prescribed ATF Form 5320.1 (``Form 1''), Application to Make and
Register NFA Firearm, for these required purposes.
Need for information and proposed use: ATF's NFA Division uses the
information on this form to determine whether the applicant may legally
make and register the firearm under federal, state, tribal, and local
law. Section 5822 provides that ATF cannot approve an application if
making or possessing the firearm would place the person making the
firearm in violation of law. The form asks an individual applicant to
respond, under penalties of perjury, to questions to determine whether
they are prohibited by federal law from possessing firearms. For a
trust or legal entity, which cannot answer these questions on the Form
1 because they are not an individual, each responsible person for that
trust or legal entity instead provides this information when they
submit Form 5320.23, NFA Responsible Person Questionnaire (covered by
1140-0107, below).
Description of the respondents affected by this proposed rule:
Individuals or households.
Number of respondents: 148,975 annually.
Frequency of response: once.
Response time estimate: 12 minutes (overall reduction from 30
minutes, due to conversion to eForm, changes proposed in this rule, and
other related changes).
Burden of response: 29,795 hours total for all respondents.
Impacted ICR 2
Title: Application to Transfer and Register NFA Firearm (Tax-Paid).
OMB control number: 1140-0014.
Form number: ATF Form 5320.4 (``Form 4'').
Summary of the information collection: Persons with an NFA firearm
must apply to ATF for approval to transfer and register the firearm as
required by the NFA (26 U.S.C. 5812). ATF Form 5320.4 (``Form 4''), is
the prescribed means for submitting this application, facilitates and
records the firearms transfer, and also serves as proof of registration
once approved.
Need for information and proposed use: ATF's NFA Division uses the
information on this form to determine whether the applicant may legally
make and register the firearm under federal, state, tribal, and local
law. The form also identifies the transferor, transferee, and
firearm(s). 26 U.S.C. 5812 provides that ATF cannot approve an
application if receiving or possessing the firearm would place the
person receiving the firearm in violation of law. The form asks an
individual transferee to respond, under penalties of perjury, to
questions to determine whether they are prohibited by federal law from
possessing firearms. For a trust or legal entity, which cannot answer
these questions on the Form 4 because they are not an individual, each
responsible person for that trust or legal entity instead provides this
information when they submit Form 5320.23, NFA Responsible Person
Questionnaire (covered by 1140-0107, below).
Description of the respondents affected by this proposed rule:
Individuals or households.
Number of respondents: 546,424 annually.
Frequency of response: once.
Response time estimate: 12 minutes (overall reduction from 30
minutes, due to conversion to eForm, changes proposed in this rule, and
other related changes).
Burden of response: 109,285 hours total for all respondents.
[[Page 24477]]
Impacted ICR 3
Title: NFA Responsible Person Questionnaire.
OMB control number: 1140-0107.
Form number: ATF Form 5320.23 (``Form 23'').
Summary of the information collection: When a trust or other legal
entity (including corporations, etc.) must submit Form 1 as the maker,
or is identified as the transferee on Form 4 or ATF Form 5320.5 (``Form
5''), Application to Transfer and Register NFA Firearm (Tax-Exempt),
they are not able to submit individually identifying information for
purposes of a background check. When one of these forms is filled out
by an entity other than an individual, the entity provides the
information on the Forms 1, 4, or 5. In such cases, each responsible
person for that entity must provide the same information that is
requested for an individual on the Form 1, 4, or 5, but provides this
information on a separate form. This is to ensure that each person is
legally permitted to make, transfer, or receive an NFA firearm. As a
result, ATF Form 5320.23 (``Form 23'') is required for any responsible
person (as defined in 27 CFR 479.11) who is part of such trust or other
legal entity.
Need for information and proposed use: ATF's NFA Division uses the
information on this form to determine whether the applicant may legally
make, possess, or receive the firearm under federal, state, tribal, and
local law. Sections 5812 and 5822 provide that ATF cannot approve an
application if making or possessing the firearm would place the person
in violation of law. The form asks the responsible person to respond,
under penalties of perjury, to questions to determine whether they are
prohibited by federal law from possessing firearms.
Description of the respondents affected by this proposed rule:
Entity responsible persons.
Number of respondents: 749,242 annually.
Frequency of response: once.
Response time estimate: 12 minutes (overall reduction to 30
minutes, due to conversion to eForm, changes proposed in this rule, and
other related changes).
Burden of response: 149,848 hours total for all respondents.
I. Congressional Review Act
This proposed rule would not be a major rule as defined by the
Congressional Review Act, 5 U.S.C. 804.
IV. Public Participation
A. Comments Sought
ATF requests comments on the proposed rule from all interested
persons. ATF specifically requests comments on the clarity of this
proposed rule and how it may be made easier to understand. ATF also
requests comments on the costs or benefits of the proposed rule and on
the appropriate methodology and data for calculating those costs and
benefits.
All comments must reference this document's RIN 1140-AA65 and, if
handwritten, must be legible. If submitting by mail, you must also
include your complete first and last name and contact information. If
submitting a comment through the federal e-rulemaking portal, as
described in section IV.C of this preamble, you should carefully review
and follow the website's instructions on submitting comments. Whether
you submit comments online or by mail, ATF will post them online. If
submitting online as an individual, any information you provide in the
online fields for city, state, zip code, and phone will not be publicly
viewable when ATF publishes the comment on <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
However, if you include such personally identifying information
(``PII'') in the body of your online comment, it may be posted and
viewable online. Similarly, if you submit a written comment with PII in
the body of the comment, it may be posted and viewable online.
Therefore, all commenters should review section IV.B of this preamble,
``Confidentiality,'' regarding how to submit PII if you do not want it
published online. ATF may not consider, or respond to, comments that do
not meet these requirements or comments containing excessive profanity.
ATF will retain comments containing excessive profanity as part of this
rulemaking's administrative record but will not publish such documents
on <a href="https://www.regulations.gov">https://www.regulations.gov</a>. ATF will treat all comments as
originals and will not acknowledge receipt of comments. In addition, if
ATF cannot read your comment due to handwriting or technical
difficulties and cannot contact you for clarification, ATF may not be
able to consider your comment.
ATF will carefully consider all comments, as appropriate, received
on or before the closing date.
B. Confidentiality
ATF will make all comments meeting the requirements of this
section, whether submitted electronically or on paper, and except as
provided below, available for public viewing on the internet through
the federal e-rulemaking portal, and subject to the Freedom of
Information Act (5 U.S.C. 552). Commenters who submit by mail and who
do not want their name or other PII posted on the internet should
submit their comments with a separate cover sheet containing their PII.
The separate cover sheet should be marked with ``CUI//PRVCY'' at the
top to identify it as protected PII under the Privacy Act. Both the
cover sheet and comment must reference this RIN 1140-AA65. For comments
submitted by mail, information contained on the cover sheet will not
appear when posted on the internet, but any PII that appears within the
body of a comment will not be redacted by ATF and may appear on the
internet. Similarly, commenters who submit through the federal e-
rulemaking portal and who do not want any of their PII posted on the
internet should omit such PII from the body of their comment and in any
uploaded attachments. However, PII entered into the online fields
designated for name, email, and other contact information will not be
posted or viewable online.
A commenter may submit to ATF information identified as proprietary
or confidential business information by mail. To request that ATF
handle this information as controlled unclassified information
(``CUI''), the commenter must place any portion of a comment that is
proprietary or confidential business information under law or
regulation on pages separate from the balance of the comment, with each
page prominently marked ``CUI//PROPIN'' at the top of the page.
ATF will not make proprietary or confidential business information
submitted in compliance with these instructions available when
disclosing the comments that it receives, but will disclose that the
commenter provided proprietary or confidential business information
that ATF is holding in a separate file to which the public does not
have access. If ATF receives a request to examine or copy this
information, it will treat it as any other request under the Freedom of
Information Act (5 U.S.C. 552). In addition, ATF will disclose such
proprietary or confidential business information to the extent required
by other legal process.
C. Submitting Comments
Submit comments using either of the two methods described below
(but do not submit the same comment multiple times or by more than one
method). Hand-delivered comments will not be accepted.
<bullet> Federal e-rulemaking portal: ATF recommends that you
submit your comments to ATF via the federal e-rulemaking portal at
<a href="https://www.regulations.gov">https://www.regulations.gov</a> and follow the instructions. Comments will
be posted
[[Page 24478]]
within a few days of being submitted. However, if large volumes of
comments are being processed simultaneously, your comment may not be
viewable for up to several weeks. Please keep the comment tracking
number that is provided after you have successfully uploaded your
comment.
<bullet> Mail: Send written comments to the address listed in the
ADDRESSES section of this document. Written comments must appear in
minimum 12-point font size, include the commenter's first and last name
and full mailing address, and may be of any length. See also section
IV.B of this preamble, ``Confidentiality.''
Disclosure
Copies of this proposed rule and the comments received in response
to it are available through the federal e-rulemaking portal, at <a href="https://www.regulations.gov">https://www.regulations.gov</a> (search for RIN 1140-AA65).
List of Subjects in 27 CFR Part 479
Administrative practice and procedure, Arms and munitions, Exports,
Imports, Military personnel, Penalties, Reporting and recordkeeping
requirements, Seizures and forfeitures, Taxes, Transportation.
For the reasons discussed in the preamble, ATF proposes to amend 27
CFR part 479 as follows:
PART 479--MACHINE GUNS, DESTRUCTIVE DEVICES, AND CERTAIN OTHER
FIREARMS
0
1. The authority citation for 27 CFR part 479 continues to read as
follows:
Authority: 26 U.S.C. 5801-5812; 26 U.S.C. 7801; 26 U.S.C. 7805.
Sec. 479.62 [Amended]
0
2. Amend Sec. 479.62 by removing paragraph (c) and redesignating
paragraph (d) as paragraph (c).
Sec. 479.84 [Amended]
0
3. Amend Sec. 479.84 by removing paragraph (c) and redesignating
paragraph (d) as paragraph (c).
Robert Cekada,
Director.
[FR Doc. 2026-08912 Filed 5-5-26; 8:45 am]
BILLING CODE 4410-FY-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.