Proposed Rule2026-08922
Firearms Transactions and Straw Purchases
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
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 provide clarity for conduct prohibited by federal law commonly referred to as a straw purchase.
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 24448-24453]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08922]
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DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms, and Explosives
27 CFR Part 478
[Docket No. ATF-2026-0013; ATF No. 2025R-41P]
RIN 1140-AA78
Firearms Transactions and Straw Purchases
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 provide clarity for conduct prohibited by federal law
commonly referred to as a straw purchase.
DATES: Comments must be submitted in writing, and must be submitted on
or before (or, if mailed, must be postmarked on or before) August 4,
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-AA78, 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 Ave. NE,
Washington, DC 20226; ATTN: RIN 1140-AA78.
Instructions: All submissions must include the agency name and
number (RIN 1140-AA78) 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 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#83ccd1c2c3e2f7e5ade4ecf5"><span class="__cf_email__" data-cfemail="f4bba6b5b4958092da939b82">[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 Gun Control
Act of 1968 (``GCA''), as amended. This responsibility includes the
authority to promulgate regulations necessary to enforce the provisions
of the GCA.\1\ See 18 U.S.C. 926(a). Congress and the Attorney General
have delegated the
[[Page 24449]]
responsibility for administering and enforcing the GCA 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); 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 GCA in 27 CFR part 478.
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\1\ Some GCA 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
relating to matters within ATF's jurisdiction, including under the
National Firearms Act, GCA, 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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The GCA, 18 U.S.C. 921-934, is a comprehensive federal firearms
regulatory scheme. For example, section 922 prohibits certain firearm
transactions and makes certain individuals ineligible to possess or
receive a firearm; section 923 sets forth the licensing requirements
for certain individuals and organizations engaged in the firearms
business and their legal obligations during a firearm transfer to an
unlicensed person; and section 924 sets forth the penalties for
substantive statutory violations.
When an individual seeks to acquire a firearm from a federal
firearms licensee (``FFL''), the parties must comply with a series of
statutory and regulatory requirements, to include identification
verification requirements. This allows FFLs to verify that the person
receiving the firearm at the point of purchase/transfer (i.e., the
immediate transferee) may lawfully possess the firearm. Additionally,
properly identifying the immediate transferee of the firearm in the
FFL's records is a critical step in aiding law enforcement with tracing
a firearm used in violent crime. A straw purchase case arises when the
immediate transferee provides false information on the ATF Form 5300.9,
Firearms Transaction Record (``Form 4473'') that is material to the
lawfulness of the firearm transfer, or the immediate transferee
purchases a firearm with intent to convey the firearm to a prohibited
person, a person who intends to commit a felony, federal crime of
terrorism, or a drug trafficking crime, or a person who intends to
transfer the firearm to a prohibited person. Commonly, the true
purchaser/ultimate recipient of the firearm is ineligible to lawfully
purchase a firearm; or, for any other reason does not want to undergo a
background check, complete the required Form 4473, and be documented as
the purchaser. The use of a straw purchaser effectively hides the
identity of the true purchaser/ultimate recipient of the firearm and
circumvents the regulatory requirements for a firearm transfer by
forgoing background checks and impeding the ability of law enforcement
to trace guns involved in the commission of a crime to the true
purchaser/ultimate recipient.
Traditionally, federal law did not define the term ``straw
purchase'' in statute or regulation. The legal doctrine concerning
straw purchase currently involves three federal provisions: 18 U.S.C.
922(a)(6), 924(a)(1)(A), and 932. Prior to the enactment of the
Bipartisan Safer Communities Act (``BSCA'') in 2022, sections 922(a)(6)
and 924(a)(1)(A) encompassed the criminal conduct of providing false
information to an FFL as part of a straw purchase. Criminal conduct
under these sections is commonly known as ``lying and buying'' because
section 922(a)(6) criminalizes a person, in connection with the
acquisition or attempted acquisition of a firearm or ammunition from an
FFL, knowingly making any false or fictitious statement or exhibiting
false, fictitious, or misrepresented identification, which is intended
or likely to deceive the FFL with respect to any fact material to the
lawfulness of the sale or other disposition under the provisions of 18
U.S.C. chapter 44.
Similarly, section 924(a)(1)(A) makes it unlawful to knowingly make
any false statement or representation with respect to the information
required to be kept in the records of an FFL. Both statutory provisions
criminalize ``straw purchasing'' by focusing on the false statement or
representation by the immediate transferee to the FFL. Commonly, a
false statement by the immediate transferee on the Form 4473 that they
are the actual buyer when buying the firearm for someone else is the
basis for criminal prosecution because the immediate transferee causes
the FFL to record the incorrect transferee in the acquisition and
disposition record that the FFL is required to maintain.
The straw-purchase doctrine that grew around these criminal
provisions had an ambiguity concerning materiality. Initially, ATF
maintained a narrower interpretation of straw purchasing because it
viewed it as occurring only when a person purchased a firearm on behalf
of the actual purchaser who was a prohibited person. This is the
``narrower'' understanding of a straw purchase. In other words, ATF did
not deem purchasing a firearm on behalf of an eligible buyer to be a
materially false statement to the transaction. See ATF Industry
Circular 79-10 (Aug. 7, 1979), reprinted in (Your Guide To) Federal
Firearms Regulation 78, <a href="https://www.ojp.gov/ncjrs/virtual-library/abstracts/your-guide-firearms-regulation-1978">https://www.ojp.gov/ncjrs/virtual-library/abstracts/your-guide-firearms-regulation-1978</a> [<a href="https://perma.cc/VDF9-3LSM">https://perma.cc/VDF9-3LSM</a>]. This position changed in 1994 when ATF adopted a broader
understanding of the term straw purchase. There is case law to support
the position that 18 U.S.C. 922(a)(6) can be charged where the actual
purchaser participating in the straw purchase is qualified to purchase
a firearm and a false statement is made concerning the true purchaser
of the firearm. This false statement is ``material to the lawfulness of
the sale.'' See United States v. Ortiz-Loya, 777 F.2d 973, 979 (5th
Cir. 1985); see also United States v. Carter, 60 F.3d 825 (4th Cir.
1995).
Congress codified the narrower understanding of the straw purchase
doctrine, i.e., a purchase for a prohibited person or person falling
into other categories identified by Congress, when it passed BSCA in
2022. In BSCA, Congress added 18 U.S.C. 932, which prohibits any person
from knowingly purchasing, or conspiring to purchase, any firearm in or
otherwise affecting interstate or foreign commerce for, on behalf of,
or at the request or demand of another person knowing or having
reasonable cause to believe such other person is prohibited from
possessing firearms; intends to use or carry the firearm in furtherance
of a felony, a federal crime of terrorism or a drug trafficking crime;
or intends to sell or give the firearm to any person who is prohibited
or a person who intends to use or carry the firearm in furtherance of a
felony, a federal crime of terrorism, or a drug trafficking crime.
Notably, unlike sections 924(a)(1)(A) and 922(a)(6), this section
applies to any purchase or disposition of a firearm, not just transfers
from FFLs.
As mentioned above, it was in 1994 when ATF concluded that
purchasing a firearm on behalf of another person qualified as a
materially false statement even if the other person (the actual
purchaser or ultimate recipient) was not prohibited from possessing a
firearm under federal law. In reaching this conclusion, ATF noted that
these types of purchases inhibited the ability to trace firearms and
resulted in the failure to complete a background check mandated by the
Brady Act on the actual purchaser or recipient of the firearm.
In 2014, the Supreme Court agreed with the broader understanding of
straw purchase. In Abramski v. United States, 573 U.S. 169 (2014), the
Supreme Court
[[Page 24450]]
held that a transferee's false statement to an FFL dealer that he was
the actual purchaser on a Form 4473 was a violation of 18 U.S.C.
922(a)(6) and 924(a)(1)(A) regardless of whether the true purchaser and
ultimate recipient could legally possess the firearm. Like ATF, the
Court noted that these statements inhibited background checks and
firearm tracing. Following Abramski, a straw purchase under sections
922(a)(6) and 924(a)(1)(A) hinges on false statements by the individual
involved in the firearms transaction to the FFL regardless of whether
the true purchaser and ultimate recipient of the firearm is prohibited
from receiving a firearm under federal law.
In accordance with the broader understanding of straw purchasing,
versions of the Form 4473 issued after 1994 have required the
transferee to certify that he is the ``actual transferee/buyer'' of the
firearm. The Form 4473 has included instructions, which have evolved
over time, as to when a person is the ``actual transferee/buyer.'' As
of this drafting, the current Form 4473 (revised Aug. 2023) advises
that a person is an actual transferee/buyer if he/she is purchasing or
acquiring a firearm for him/herself (e.g., redeeming the firearm from
pawn, retrieving it from consignment, firearm raffle winner) or if
purchasing the firearm as a bona fide gift for a third party. The Form
4473 also advises that a ``gift is not bona fide if another person
offered or gave the person completing this form money, service(s), or
item(s) of value to acquire the firearm for him/her, or if the other
person is prohibited by law from receiving or possessing the firearm.''
The Form 4473 (revised Aug. 2023) continues with examples of when a
person is not considered the ``actual transferee/buyer'' of the
firearm. Specifically,
Mr. Smith asks Mr. Jones to purchase a firearm for Mr. Smith
(who may or may not be prohibited). Mr. Smith gives Mr. Jones the
money for the firearm. Mr. Jones is NOT THE ACTUAL TRANSFEREE/BUYER
OF THE FIREARM.'' However, if ``Mr. Brown buys the firearm with his
own money to give to Mr. Black as a gift (with no service or
tangible thing of value provided by Mr. Black), Mr. Brown is the
actual transferee/buyer of the firearm.''
ATF has always understood the broader straw purchase doctrine to
exclude certain firearm acquisitions on behalf of another. Most
notably, a straw purchase does not occur when a person purchases a
firearm as a bona fide gift for another as the gift giver (i.e., the
actual purchaser) receives nothing of value for the firearm from the
gift recipient. If, however, a person receives money or other value
from the intended recipient, then the purchase is not a gift, and the
intended recipient is the true purchaser.
Additionally, ATF has long understood the straw-purchase doctrine
to exclude instances where parents purchase firearms on behalf of their
minor children. See Firearms Regulation Guide (1978) at 82 (``A parent
or guardian may purchase firearms and ammunition for a juvenile. GCA
age restrictions are intended only to prevent juveniles from acting
without their parents' or guardians' knowledge.'')]; see also Firearms
Regulation Guide (1988-89) at 84 (advising the same). In this scenario,
the parent purchases the firearm and takes responsibility for the
weapon. The age restrictions in the GCA were designed to stop the
unsupervised acquisition of firearms by minors; the GCA was not
intended to prevent lawful possession or use by a minor. See S. Rep.
No. 90-1097, at 79 (1968) (explaining that under the GCA ``a minor or
juvenile would not be restricted from owning or learning the proper
usage of the firearm,'' as any firearm ``which his parent or guardian
desired him to have could be obtained for the minor or juvenile by the
parent or guardian.''). There are additional scenarios that are not
considered straw purchases, including pawn redemption or consignment
and storage pick-up. The instructions on the current Form 4473 provide:
``For purposes of this form, a person is the actual transferee/buyer if
he/she is . . . acquiring the firearm for him/herself. (e.g., redeeming
the firearm from pawn, retrieving it from consignment, firearm raffle
winner.).'' Form 4473, Firearms Transaction Record (Revised Aug. 2023),
<a href="https://www.atf.gov/firearms/docs/4473-part-1-firearms-transaction-record-over-counter-atf-form-53009/download">https://www.atf.gov/firearms/docs/4473-part-1-firearms-transaction-record-over-counter-atf-form-53009/download</a> [<a href="https://perma.cc/H2R2-G6PR">https://perma.cc/H2R2-G6PR</a>].
ATF has also permitted the retrieval of firearms left for repair
for another person provided the person receiving the firearm is not
prohibited. The Form 4473 (revised Aug. 2023) under Question 21.a.
currently provides that, ``[i]f you are only picking up a repaired
firearm(s) for another person, you are not required to answer 21.a.,''
which asks whether the individual is the actual transferee/buyer of the
firearm listed on the form. Although the individual acquiring the
firearm from the FFL is not the actual transferee or ultimate
recipient, ATF does not consider a straw purchase to have occurred in
these kinds of limited scenarios.
ATF has recently received inquiries regarding the gift of firearms
or the purchase of firearms as marital property. This has led to some
confusion among FFLs whether a purchase may be completed using money
from a spouse or with a spouse present. ATF also continues to receive
questions seeking clarification regarding who the actual transferee or
purchaser of a firearm is for transactions involving redemptions from
pawn, gunsmith repairs, consignment, storage, and bona fide gifts. In
light of the need for more clarity to distinguish between the illegal
conduct that constitutes a straw purchase and other behavior that does
not come within ATF's historical understanding of a straw purchase,
this rule proposes to add 27 CFR 478.105 to clarify the legal
distinctions between unlawful straw purchases and lawful third-party
transfers.
II. Proposed Rule
The rule proposes to create a new section in part 478 that would
restate the law of straw purchasing. Paragraph (a) of the new section
would make clear that a buyer of a firearm may not obtain a firearm
from an FFL by being a straw purchaser and an FFL may not sell a
firearm to a person who he knows or has reasonable cause to believe is
a straw purchaser.
The remainder of the new section would describe who a ``straw
purchaser'' is to explain two types of straw purchases. The new section
would clearly demarcate two types of straw purchasing: (1) straw
purchasing by making a material misstatement, which is elaborated by
paragraphs (b)-(d), and (2) straw purchasing by purchasing for a
prohibited person, which is elaborated by paragraph (e).
Paragraphs (b) and (c) would explain the longstanding
interpretation of 18 U.S.C. 922(a)(6) as applied to straw purchasing,
consistent with federal case law and the broader understanding of straw
purchase (i.e., purchasing on behalf of another person even if that
person is not a prohibited person under the GCA). Particularly,
paragraph (c) would delineate categories of lawful transactions that do
not constitute straw purchases under paragraph (b), such as bona fide
gifts, parental purchases for a ``minor child'' (which would be defined
in paragraph (d)), purchases among spouses, and redemption or repair of
firearms by their lawful owners. Importantly, these exceptions cover
only straw purchases by material misstatement.
Paragraph (e) would address a different kind of straw purchasing:
the purchase of a firearm for a prohibited
[[Page 24451]]
person. Congress codified this kind of straw purchasing as a criminal
offense in 18 U.S.C. 932. This regulation reiterates and clarifies
those prohibited transactions. Paragraph (e) would clarify that the
exceptions listed in paragraph (c) to straw purchases by material
misstatements do not apply to the prohibition against making straw
purchases for a prohibited person. This clarification is important
especially in cases of spousal transfers. A common straw purchase
transaction involves one spouse purchasing on behalf of a prohibited
spouse. This rule would make clear that such conduct is prohibited. On
the other hand, among two spouses who may lawfully possess firearms and
live at the same address, it does not matter which spouse fills out the
form or hands over the money. Both the firearm and the funds used to
pay for it will likely be martial property. For tracing purposes, the
form will identify the name of a responsible adult who acquired the
firearm and the correct address where that person lives. The exceptions
to straw purchasing for spouses and for minor children under age 21
reflect that ATF will not micromanage family affairs. ATF retains an
interest in such transactions only when a member of the family is
prohibited by law from possessing a firearm.
As discussed above, the GCA is a comprehensive federal firearms
regulatory scheme that was enacted to reduce violent crime by
preventing felons and other prohibited persons from acquiring firearms.
It ensures that the federal government can trace firearms involved in a
crime to locate the perpetrator(s) through accurate records of FFLs
showing the actual purchasers of the firearms and provide crime gun
intelligence to locate and disrupt firearm trafficking networks using
multiple sale reports with accurate purchaser information. ATF uses the
crime gun intelligence model because it focuses on generating
actionable intelligence related to connecting, identifying, and
disrupting firearms violence through evidence-based methods using
forensics and law enforcement investigations.\3\ These objectives are
enforced through a combination of background checks, identification
verification, and accurate record-keeping by FFLs, all of which depend
on truthful identification of the actual transferee or purchaser. Straw
purchasing undermines the statutory objectives of the GCA by subverting
this regulatory framework.
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\3\ See <a href="http://ATF.gov">ATF.gov</a>, Crime Gun Intelligence, <a href="https://www.atf.gov/resource-center/infographics/crime-gun-intelligence">https://www.atf.gov/resource-center/infographics/crime-gun-intelligence</a> [<a href="https://perma.cc/NSB6-HFJ9">https://perma.cc/NSB6-HFJ9</a>].
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While such conduct must remain clearly unlawful, not all third-
party acquisitions are improper. As described above, longstanding ATF
guidance has acknowledged that individuals may purchase firearms as
bona fide gifts for others, provided no compensation is received and
the recipient is not otherwise prohibited. Federal law does not bar
private transfers or gifts between unlicensed persons residing in the
same state as long as neither party is a prohibited person and such
transfer does not violate any state or federal laws. Federal law does
not bar private transfers or gifts between unlicensed persons residing
in different states as long as the transfer is facilitated by an FFL in
each of the respective states. As the Supreme Court emphasized in FDA
v. Brown & Williamson Tobacco Corp., 529 U.S. 120, 133 (2000),
statutory interpretation must be guided by common sense.
Accordingly, ATF believes that by articulating these distinctions
in regulation, the proposed Sec. 478.105 will enhance industry
compliance, assist law enforcement, and reduce confusion regarding the
legality of common firearm transfers. It would also ensure consistent
terminology and reinforce the GCA's goals without impeding lawful
conduct.
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 rule would amend 27 CFR part 478 to provide clarity
to both FFLs and non-licensees regarding conduct that has been
recognized by the courts and ATF as rising to the level of a straw
purchase, which is prohibited by federal law.
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.
This proposed rulemaking provides qualitative benefits to the firearms
industry and firearms purchasers by providing clarity on the scope of
what constitutes unlawful straw purchasing. However, ATF does not have
sufficient information to calculate quantifiable savings and thus
requests more information from the public regarding the economic
effects this rulemaking may have on the public and the regulated
industries.
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.
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 will 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
[[Page 24452]]
meaningfully implicate federalism. It 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 because it would simply provide clarity on the
scope of what constitutes unlawful straw purchasing based on existing
case law and long-standing agency guidance. This proposed rule will not
impose any additional costs.
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 or impact any existing ones covered
by the PRA.
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-AA78 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://regulations.gov">https://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 RIN 1140-AA78. 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 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
[[Page 24453]]
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 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.''
D. Request for Hearing
Any interested person who desires an opportunity to comment orally
at a public hearing should submit his or her request, in writing, to
the Director within the 90-day comment period. The Director, however,
reserves the right to determine, in light of all circumstances, whether
a public hearing is necessary.
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-AA78).
List of Subjects in 27 CFR Part 478
Administrative practice and procedure, Arms and munitions, Exports,
Freight, Imports, Intergovernmental relations, Law enforcement
officers, Military personnel, Penalties, Reporting and record-keeping
requirements, Research, Seizures and forfeitures, Transportation.
For the reasons discussed in the preamble, ATF proposes to amend 27
CFR part 478 as follows:
PART 478--COMMERCE IN FIREARMS AND AMMUNITION
0
1. The authority citation for 27 CFR part 478 continues to read as
follows:
Authority: 5 U.S.C. 552(a); 18 U.S.C. 847, 921-931; 44 U.S.C.
3504(h).
0
2. Add Sec. 478.105 to subpart F to read as follows:
Sec. 478.105 Straw purchases prohibited.
(a) Prohibited conduct.
(1) A person may not obtain a firearm from a person licensed under
this part by being a straw purchaser of a firearm.
(2) A licensed importer, manufacturer, dealer, or collector may not
sell or deliver a firearm knowing or having reasonable cause to believe
that the person to whom the licensee transfers the weapon is a straw
purchaser.
(3) A ``straw purchaser'' within the meaning of this section
includes:
(i) Any person engaged in a straw purchase by making a material
false statement, as described in paragraph (b) of this section; and
(ii) Any person engaged in a straw purchase by purchasing for a
prohibited person described in paragraph (e) of this section.
(b) Straw purchases by making a material false statement. A straw
purchase occurs when a person provides material false or fictitious
information to a licensed importer, manufacturer, dealer, or collector
that the person is the actual purchaser of the firearm when, in fact,
the person is acquiring the firearm on behalf of another person.
(c) Exclusions. A straw purchase by material false statement, as
described in paragraph (b), does not include any of the following
activities:
(1) Purchasing a firearm as a bona fide gift for a third party. A
transaction does not involve a bona fide gift if the purchaser accepts
money, services, or any other consideration of value in exchange for
acquiring the firearm.
(2) Purchasing a firearm by a parent or guardian for his or her
minor child;
(3) Acquiring or receiving a firearm by a spouse when the other
spouse has paid for the firearm, provided that both spouses live at the
same address;
(4) Redeeming a firearm from pawn or consignment by the lawful
owner;
(5) Retrieving a repaired firearm by an individual for a third
party;
(6) Collecting a firearm as the winner of a raffle or other award;
(7) Collecting a firearm that was a bona fide gift from another; or
(8) Transferring a firearm in accordance with a lawful inheritance
or bequest.
(d) Minor child. For purposes of the exception in paragraph (c)(2)
of this section, a ``minor'' is a person under the age of 21. Paragraph
(c)(2) of this section shall not be construed to authorize a juvenile,
as defined in 18 U.S.C. 922(x)(5), to possess a handgun when prohibited
by law.
(e) Straw purchases by purchasing for a prohibited person.
(1) A straw purchase occurs when a person knowingly purchases, or
conspires to purchase, any firearm on behalf of, or at the request or
demand of any other person, knowing or having reasonable cause to
believe that such other person:
(i) Is prohibited from receiving a firearm under 18 U.S.C. 922(d);
or
(ii) Intends to use, carry, possess, or sell, or otherwise dispose
of a firearm in furtherance of a felony, a federal crime of terrorism,
or a drug trafficking crime; or
(iii) Intends to sell or otherwise dispose of the firearm to
another person described in paragraphs (i) or (ii).
(2) The exceptions listed in paragraph (c) of this section to straw
purchasing by a material false statement do not apply to a straw
purchase by a prohibited person.
Robert Cekada,
Director.
[FR Doc. 2026-08922 Filed 5-5-26; 8:45 am]
BILLING CODE 4410-FY-P
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</html>Indexed from Federal Register on May 6, 2026.
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.