Rule2026-08926

Revising Machine Gun Definition in Response to Supreme Court Decision

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
Effective
May 6, 2026

Issuing agencies

Justice DepartmentAlcohol, Tobacco, Firearms, and Explosives Bureau

Abstract

The Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF") is amending Department of Justice ("Department") regulations in response to the Supreme Court's decision in Garland v. Cargill. The Supreme Court held that ATF exceeded its statutory authority in its December 2018 final rule titled "Bump-Stock-Type Devices" by classifying a bump stock as a "machine gun" because a semi-automatic rifle equipped with a non-mechanical bump-stock-type device is not a "machine gun" under the National Firearms Act. Accordingly, ATF is removing from the three regulatory definitions of "machine gun" the two sentences that incorporated bump stocks into those definitions.

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)]
[Rules and Regulations]
[Pages 24348-24352]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08926]


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DEPARTMENT OF JUSTICE

Bureau of Alcohol, Tobacco, Firearms, and Explosives

27 CFR Parts 447, 478, and 479

[ATF No. 2024R-01F]
RIN 1140-AA60


Revising Machine Gun Definition in Response to Supreme Court 
Decision

AGENCY: Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
Department of Justice.

ACTION: Final rule.

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SUMMARY: The Bureau of Alcohol, Tobacco, Firearms, and Explosives 
(``ATF'') is amending Department of Justice (``Department'') 
regulations in response to the Supreme Court's decision in Garland v. 
Cargill. The Supreme Court held that ATF exceeded its statutory 
authority in its December 2018 final rule titled ``Bump-Stock-Type 
Devices'' by classifying a bump stock as a ``machine gun'' because a 
semi-automatic rifle equipped with a non-mechanical bump-stock-type 
device is not a ``machine gun'' under the National Firearms Act. 
Accordingly, ATF is removing from the three regulatory definitions of 
``machine gun'' the two sentences that incorporated bump stocks into 
those definitions.

DATES: This final rule is effective on May 6, 2026.

FOR FURTHER INFORMATION CONTACT: Office of Regulatory Affairs, by email 
at <a href="/cdn-cgi/l/email-protection#c38c918283a2b7a5eda4acb5"><span class="__cf_email__" data-cfemail="347b6675745540521a535b42">[email&#160;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 (``GCA''), as amended, and the National Firearms Act (``NFA''), as 
amended.\1\ This includes the authority to promulgate regulations 
necessary to enforce the provisions of the GCA and NFA. See 18 U.S.C. 
926(a); 26 U.S.C. 7805(a). Congress and the Attorney General have 
delegated the responsibility for administering and enforcing the GCA 
and 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 implementing both the GCA and the NFA 
in 27 CFR parts 478, 479.
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    \1\ Some NFA and 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 
final 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, GCA, and Title XI of the Organized Crime Control Act. ATF's 
jurisdiction also includes the Arms Export Control Act and the 
Contraband Cigarette Trafficking Act.
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    Following a February 20, 2018, Presidential memorandum,\3\ the 
Department amended ATF regulations by issuing a final rule titled 
``Bump-Stock-Type Devices'' (``2018 final rule''), which determined 
that rifles with an attached bump-stock-type device constituted 
``machine guns'' under Federal law.\4\ On June 14, 2024, the Supreme 
Court held that ``a semiautomatic rifle equipped with a [non-
mechanical] bump stock is not a `machinegun' because it cannot fire 
more than one shot `by a single function of the trigger.' And, even if 
it could, it would not do so `automatically.''' \5\ The regulatory 
definition of ``machine gun'' does not distinguish between non-
mechanical and mechanical bump stocks and simply states ``bump-stock-
type device.'' ATF will rely on the statutory definition, as well as 
federal case law, such as Cargill, that further defines terms within 
the ``machine gun'' definition such as ``single function of the 
trigger'' and ``automatically.''
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    \3\ On February 20, 2018, President Trump issued a memorandum 
instructing the Attorney General ``to dedicate all available 
resources to . . . propose for notice and comment a rule banning all 
devices that turn legal weapons into machineguns.'' Presidential 
Memorandum (Application of the Definition of Machinegun to ``Bump 
Fire'' Stocks and Other Similar Devices), 83 FR 7949 (Feb. 20, 
2018); U.S. Dep't of Justice, Attorney General Sessions Announces 
Regulation Effectively Banning Bump Stocks (Mar. 23, 2018), <a href="https://www.justice.gov/opa/pr/attorney-general-sessions-announces-regulation-effectively-banning-bump-stocks">https://www.justice.gov/opa/pr/attorney-general-sessions-announces-regulation-effectively-banning-bump-stocks</a> [<a href="https://perma.cc/S7DZ-76XD">https://perma.cc/S7DZ-76XD</a>].
    \4\ 83 FR 66514 (Dec. 26, 2018); 84 FR 9239 (Mar. 14, 2019) 
(ratifying final rule).
    \5\ Garland v. Cargill, 602 U.S. 406, 415 (2024).
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    ATF is now taking steps to conform its regulations with the Supreme 
Court's decision in Cargill. This final rule removes from the Code of 
Federal Regulations (``CFR'') the revised portions of the regulatory 
definitions of ``machine gun'' that included bump stocks. Removing 
these portions of the previous final rule restores the regulatory text 
for those definitions to what it was prior to the December 2018 rule, 
with one minor exception.\6\
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    \6\ Consistent with the Supreme Court's decision, ATF is not 
reinserting the sentence segment ``is a firearm originally designed 
to fire, or capable of being fired fully automatically by a single 
pull of the trigger'' in the pre-rule definition of ``machinegun'' 
found in 27 CFR 447.11, nor is it removing the sentence that 
includes frames and receivers, conversion parts, and combinations of 
parts in the definition. See discussion below.
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II. Final Rule

    Under the NFA, as amended, and the GCA, as amended, the term 
``machinegun'' means ``any weapon which shoots, is designed to shoot, 
or can be readily restored to shoot, automatically more than one shot, 
without manual reloading, by a single function of the trigger.'' 26 
U.S.C. 5845(b); see 18 U.S.C. 921(a)(24) (referencing the NFA 
definition). The term ``machinegun'' also includes ``the frame or 
receiver of any such weapon'' or any part or combination of parts 
designed and intended ``for use in converting a weapon into a 
machinegun,'' and ``any combination of parts from which a machinegun 
can be assembled if such parts are in the possession or under the 
control of a person.'' 26 U.S.C. 5845(b). This statutory definition 
uses the key terms ``single function of the trigger'' and 
``automatically,'' but those terms are not defined in the statutory 
text. Before the 2018 final rule, the regulations contained definitions 
for the term ``machine gun'' in 27 CFR 478.11 and 479.11, that mirrored 
the NFA's statutory definition.
    The definition of ``machinegun'' in 27 CFR 447.11, promulgated 
pursuant to the portion of section 38 of the Arms Export Control Act 
(``AECA'') (22 U.S.C. 2778) delegated to the Attorney General by 
section 1(n)(ii) of Executive Order 13637, 78 FR 16129 (Mar. 13, 2013), 
is similar, but not identical. Before the 2018 final rule, the 
definition of machine gun in 27 CFR 447.11 provided that a 
```machinegun,' `machine pistol,' `submachinegun,' or `automatic rifle' 
is a firearm originally designed to fire, or capable of being fired 
fully

[[Page 24349]]

automatically by a single pull of the trigger.'' However, it did not 
use the NFA's terminology -- ``is a firearm which shoots, is designed 
to shoot, or can be readily restored to shoot, automatically more than 
one shot, without manual reloading, by a single function of the 
trigger'' -- nor did it contain the additional sentence that included 
machinegun frames and receivers, conversion parts, and combinations of 
parts, both of which were present in the NFA's statutory definition and 
the definitions in Sec. Sec.  478.11 and 479.11.
    The 2018 final rule promulgated amendments to all these regulatory 
definitions to add bump-stock-type-devices. Specifically, the previous 
final rule amended these definitions by: (1) adding definitions to 
clarify the meaning of ``automatically'' and ``single function of the 
trigger;'' and (2) expressly including bump-stock-type-devices as 
machine guns. The 2018 final rule also harmonized the definition of 
``machinegun'' in Sec.  447.11 with the NFA's statutory definition and 
the ``machine gun'' definitions in Sec. Sec.  478.11 and 479.11. This 
harmonization in Sec.  447.11 included: (1) changing the sentence 
segment ``is a firearm originally designed to fire, or capable of being 
fired fully automatically by a single pull of the trigger'' to the 
NFA's segment ``is a firearm which shoots, is designed to shoot, or can 
be readily restored to shoot, automatically more than one shot, without 
manual reloading, by a single function of the trigger;'' and (2) adding 
the sentence from the NFA that includes machine gun frames and 
receivers, conversion parts, and combinations of parts.
    On June 14, 2024, the Supreme Court issued its decision in Cargill, 
in which it found that ATF exceeded its statutory authority in 
promulgating the rule classifying a bump stock as a machine gun. The 
Court effectively invalidated the rule's sentence defining 
``automatically'' and ``single function of the trigger,'' and the 
sentence expressly including bump-stock-type devices as machine 
guns.\7\ This rule updates ATF's corresponding regulatory provisions 
within parts 447, 478, and 479 to conform to the Court's decision by 
removing those two sentences in all three regulations. This rule also 
makes a minor technical amendment to move the commas in Sec.  447.11's 
definition inside the quotation marks in conformity with standard 
American punctuation. These changes are shown in the table below:
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    \7\ Cargill, 602 U.S. at 407-08.

----------------------------------------------------------------------------------------------------------------
Regulatory definition  (divided by
             sentence)               Before 2018 final rule     After 2018 final rule        After this rule
----------------------------------------------------------------------------------------------------------------
Sec.   447.11.....................  Machinegun. A             Machinegun. A             Machinegun. A
                                     ``machinegun'',           ``machinegun'',           ``machinegun,''
                                     ``machine pistol'',       ``machine pistol'',       ``machine pistol,''
                                     ``submachinegun'', or     ``submachinegun'', or     ``submachinegun,'' or
                                     ``automatic rifle'' is    ``automatic rifle'' is    ``automatic rifle'' is
                                     a firearm originally      a firearm which shoots,   a firearm which shoots,
                                     designed to fire, or      is designed to shoot,     is designed to shoot,
                                     capable of being fired    or can be readily         or can be readily
                                     fully automatically by    restored to shoot,        restored to shoot,
                                     a single pull of the      automatically more than   automatically more than
                                     trigger.                  one shot, without         one shot, without
                                                               manual reloading, by a    manual reloading, by a
                                                               single function of the    single function of the
                                                               trigger.                  trigger.
                                                              The term shall also       The term shall also
                                                               include the frame or      include the frame or
                                                               receiver of any such      receiver of any such
                                                               weapon, any part          weapon, any part
                                                               designed and intended     designed and intended
                                                               solely and exclusively,   solely and exclusively,
                                                               or combination of parts   or combination of parts
                                                               designed and intended,    designed and intended,
                                                               for use in converting a   for use in converting a
                                                               weapon into a             weapon into a
                                                               machinegun, and any       machinegun, and any
                                                               combination of parts      combination of parts
                                                               from which a machinegun   from which a machinegun
                                                               can be assembled if       can be assembled if
                                                               such parts are in the     such parts are in the
                                                               possession or under the   possession or under the
                                                               control of a person.      control of a person.
                                                              For purposes of this      ........................
                                                               definition, the term
                                                               ``automatically'' as it
                                                               modifies ``shoots, is
                                                               designed to shoot, or
                                                               can be readily restored
                                                               to shoot,'' means
                                                               functioning as the
                                                               result of a self-acting
                                                               or self-regulating
                                                               mechanism that allows
                                                               the firing of multiple
                                                               rounds through a single
                                                               function of the
                                                               trigger; and ``single
                                                               function of the
                                                               trigger'' means a
                                                               single pull of the
                                                               trigger and analogous
                                                               motions.
                                                              The term ``machinegun''   ........................
                                                               includes a bump-stock-
                                                               type device, i.e., a
                                                               device that allows a
                                                               semi-automatic firearm
                                                               to shoot more than one
                                                               shot with a single pull
                                                               of the trigger by
                                                               harnessing the recoil
                                                               energy of the semi-
                                                               automatic firearm to
                                                               which it is affixed so
                                                               that the trigger resets
                                                               and continues firing
                                                               without additional
                                                               physical manipulation
                                                               of the trigger by the
                                                               shooter.
Sec.  Sec.   478.11 and 479.11....  Machine gun. Any weapon   Machine gun. Any weapon   Machine gun. Any weapon
                                     which shoots, is          which shoots, is          which shoots, is
                                     designed to shoot, or     designed to shoot, or     designed to shoot, or
                                     can be readily restored   can be readily restored   can be readily restored
                                     to shoot, automatically   to shoot, automatically   to shoot, automatically
                                     more than one shot,       more than one shot,       more than one shot,
                                     without manual            without manual            without manual
                                     reloading, by a single    reloading, by a single    reloading, by a single
                                     function of the           function of the           function of the
                                     trigger.                  trigger.                  trigger.

[[Page 24350]]

 
                                    The term shall also       The term shall also       The term shall also
                                     include the frame or      include the frame or      include the frame or
                                     receiver of any such      receiver of any such      receiver of any such
                                     weapon, any part          weapon, any part          weapon, any part
                                     designed and intended     designed and intended     designed and intended
                                     solely and exclusively,   solely and exclusively,   solely and exclusively,
                                     or combination of parts   or combination of parts   or combination of parts
                                     designed and intended,    designed and intended,    designed and intended,
                                     for use in converting a   for use in converting a   for use in converting a
                                     weapon into a machine     weapon into a machine     weapon into a machine
                                     gun, and any              gun, and any              gun, and any
                                     combination of parts      combination of parts      combination of parts
                                     from which a machine      from which a machine      from which a machine
                                     gun can be assembled if   gun can be assembled if   gun can be assembled if
                                     such parts are in the     such parts are in the     such parts are in the
                                     possession or under the   possession or under the   possession or under the
                                     control of a person.      control of a person.      control of a person.
                                                              For purposes of this
                                                               definition, the term
                                                               ``automatically'' as it
                                                               modifies ``shoots, is
                                                               designed to shoot, or
                                                               can be readily restored
                                                               to shoot,'' means
                                                               functioning as the
                                                               result of a self-acting
                                                               or self-regulating
                                                               mechanism that allows
                                                               the firing of multiple
                                                               rounds through a single
                                                               function of the
                                                               trigger; and ``single
                                                               function of the
                                                               trigger'' means a
                                                               single pull of the
                                                               trigger and analogous
                                                               motions.
                                                              The term ``machine gun''  ........................
                                                               includes a bump-stock-
                                                               type device, i.e., a
                                                               device that allows a
                                                               semi-automatic firearm
                                                               to shoot more than one
                                                               shot with a single pull
                                                               of the trigger by
                                                               harnessing the recoil
                                                               energy of the semi-
                                                               automatic firearm to
                                                               which it is affixed so
                                                               that the trigger resets
                                                               and continues firing
                                                               without additional
                                                               physical manipulation
                                                               of the trigger by the
                                                               shooter.
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III. Statutory and Executive Order Review

A. Administrative Procedure Act

    Under the Administrative Procedure Act, 5 U.S.C. 553(b)(B), an 
agency may, for good cause, find that the usual requirements of prior 
notice and comment are impracticable, unnecessary, or contrary to the 
public interest. As described above, this rule simply removes the 
sentences added by the 2018 final rule in conformity with the Supreme 
Court's decision in Cargill. These conforming updates to ATF 
regulations in parts 447, 478, and 479 are to ensure consistency with 
the Cargill decision, thus avoiding any public confusion that may 
result from reliance on regulatory provisions that have been held to 
exceed statutory authority. Because this rule merely responds to the 
Supreme Court's decision, ATF finds it unnecessary to publish this rule 
for public notice and comment. See McChesney v. Petersen, 275 F. Supp. 
3d 1123, 1136 (D. Neb. 2016) (``No notice and commentary could have 
altered the Commission's obligation to implement the 2013 Congressional 
extension . . . Accordingly, . . . notice and comment [was] unnecessary 
under 553(b)(B).''); In re Oil Spill by the Oil Rig ``Deepwater 
Horizon'' in the Gulf of Mexico on April 20, 2010, 2015 WL 729701, at 
*4 (E.D. La. Feb. 19, 2015) (The ``EPA had no discretion--it was 
required by Congress to adjust the penalty according to the formula. As 
a result, the usual notice and comment procedure was unnecessary in 
this instance.''). On the same basis, this rule is made effective upon 
publication because ATF finds good cause for an immediate effective 
date, as delaying the effective date of the conforming amendments would 
not serve the public interest (5 U.S.C. 553(d)(3)).

B. 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 rule removes previously added language to conform the ATF's 
regulations with the Supreme Court's decision without increasing costs. 
The Office of Management and Budget (``OMB'') has determined that this 
rule is a ``significant regulatory action,'' although not economically 
significant, under Executive Order 12866. It has therefore been 
reviewed by OMB pursuant to section 3(d)(3) of Executive Order 12866. 
ATF provides the following analysis to comply with Executive Orders 
12866 and 13563.
1. Benefits
    ATF estimates that this rule will result in quantifiable benefits 
to the public in the form of future production and sales, and some 
qualitative benefits due to recovered bump stocks and more options in 
firearms accessories in the future.
    In the 2018 final rule, ATF evaluated public comments received in 
response to its proposed rule and performed an analysis of the 
estimated ``foregone future production and sales'' for the 2018 final 
rule.\8\ Since this final rule is rescinding provisions that were 
implemented by the 2018 final rule, ATF used--and updated--the foregone 
future production and sales from the 2018 final rule as a measure of 
overall quantitative benefits that will accrue from this final rule.
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    \8\ See footnote 4, supra.
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    In the 2018 final rule, ATF estimated that 62,084 bump stocks were 
produced per year. However, at that time, there had been no legal 
decision on whether bump stocks would be found to convert firearms into 
machine guns or not, so some persons who otherwise might have produced 
or purchased them might not have done so.\9\ As a result, the future 
production estimate from 2018 is likely

[[Page 24351]]

lower than future bump stock production will be post-Cargill. So, ATF 
notes that the production rate in this analysis is likely to result in 
an underestimate of the potential future revenue from bump stocks.
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    \9\ ATF notes that 62,084 bump stocks purchased over the next 
ten years may be an underestimate. Prior to the publication of the 
2018 final rule, the Supreme Court had not decided whether bump 
stocks converted firearms into machine guns or would be considered 
GCA firearm accessories. Now, with that assurance, firearm 
purchasers may buy more bump stocks in the future.
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    Based on historical prices, the retail price of bump stocks ranged 
from $99.99 \10\ to $453.51.\11\ ATF used these historical retail 
prices in this analysis as a proxy for future bump stock retail prices, 
but updated these prices to account for inflation.\12\ Using the date 
the information was accessed for the 2018 final rule, and updating 
these retail prices to 2025 dollars, ATF estimates that the current 
retail value of these bump stocks ranges between $133.04 to $603.41. 
For the purposes of this analysis, ATF rounded and weighted the 2025 
price range costs to calculate an average of $330 per bump stock at 
2025 prices. At an estimated future production rate of 62,084 
multiplied by $330 per bump stock, ATF estimates that the annualized 
benefit from this rule will be a minimum of $20,487,720, or 
$204,877,200 over the course of ten years.
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    \10\ Bumpfire Systems, What Is a Bump Fire? (2017), <a href="https://web.archive.org/web/20170214195732/http://bumpfiresystems.com/">https://web.archive.org/web/20170214195732/http://bumpfiresystems.com/</a> (last 
visited April 7, 2026).
    \11\ Slide Fire, AR15 Bump Fire Stocks (2015), <a href="https://web.archive.org/web/20170128085532/http://www.slidefire.com/products/ar-platform">https://web.archive.org/web/20170128085532/http://www.slidefire.com/products/ar-platform</a> (last visited April 7, 2026).
    \12\ U.S. Bureau of Lab. Stats., CPI Inflation Calculator, 
<a href="https://www.bls.gov/data/inflation_calculator.htm">https://www.bls.gov/data/inflation_calculator.htm</a> (last visited Jan. 
6, 2026) (inflation to December 2025).
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    In addition, after the 2018 final rule was published, approximately 
965 bump stocks were turned into ATF for disposal. People who turned in 
bump stocks to ATF have been provided the opportunity to retrieve them 
from ATF, which would provide them with a qualitative benefit in 
recovering foregone property. Overall, this rule will also now allow 
firearm purchasers more options to accessorize and modify their 
existing firearms.
2. Costs
    No costs were attributed to this rule because this rule is 
upholding the Supreme Court decision to assess bump stocks as firearms 
accessories, and it is also deregulatory in that it removes 
restrictions on bump stock sales and purchases. It does not impose 
additional requirements or cause persons to incur new costs.

C. 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. Although this rule is a significant 
regulatory action as defined by Executive Order 12866, it does not 
impose total costs greater than zero. This rule removes regulatory 
language to adhere to the Supreme Court's decision in Cargill and 
imposes no costs. Therefore, this rule is an Executive Order 14192 
deregulatory action (defined OMB Memorandum M-25-20 as a final action 
that imposes total costs less than zero) and ATF does not need to 
identify at least ten existing regulations to repeal or revise to 
account for the promulgation of this rule.

D. 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 final rule does not create a criminal 
regulatory offense and is thus exempt from Executive Order 14294 
requirements.

E. Executive Order 13132

    This 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 rule does not 
impose substantial direct compliance costs on state and local 
governments, preempt state law, or meaningfully implicate federalism. 
It thus does not warrant preparing a federalism summary impact 
statement.

F. Executive Order 12988

    This rule meets the applicable standards set forth in sections 3(a) 
and 3(b)(2) of Executive Order 12988 (Civil Justice Reform).

G. 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 rule subject to notice-and comment-rulemaking requirements unless 
the agency head certifies, including a statement of the factual basis, 
that the rule will not have a significant economic impact on a 
substantial number of small entities or the rule is exempt from notice-
and-comment rulemaking requirements under 5 U.S.C. 553(b) or other law. 
5 U.S.C. 603(a), 604(a). 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.
    In accordance with the RFA, 5 U.S.C. 603, 604, and 605(b), a 
Regulatory Flexibility Analysis is not required for this final rule 
because ATF was not required to publish a general NPRM for this matter. 
In addition, the Director certifies, after consideration, that this 
rule would not have a significant economic impact on a substantial 
number of small entities as it removes previously added requirements, 
thereby also removing any costs or burdens of complying with them.

H. Unfunded Mandates Reform Act of 1995

    This 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 will 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 (``UMRA''). Regardless, like the RFA, the UMRA does not apply here 
because no NPRM was required to precede this final rule. 2 U.S.C. 
1532(a).

I. 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,

[[Page 24352]]

posting, labeling, or other similar actions an agency requires of the 
public. See 5 CFR 1320.3(c). This rule does not create any new 
information collection requirements or impact any existing ones covered 
by the PRA.

J. Congressional Review Act

    This rule is not a major rule as defined by the Congressional 
Review Act, 5 U.S.C. 804.

List of Subjects

27 CFR Part 447

    Administrative practice and procedure, Arms and munitions, 
Chemicals, Customs duties and inspection, Imports, Penalties, Reporting 
and recordkeeping requirements, Scientific equipment, Seizures and 
forfeitures.

27 CFR Part 478

    Administrative practice and procedure, Arms and munitions, Exports, 
Freight, Imports, Intergovernmental relations, Law enforcement 
officers, Military personnel, Penalties, Reporting and recordkeeping 
requirements, Research, Seizures and forfeitures, Transportation.

27 CFR Part 479

    Administrative practice and procedure, Arms and munitions, Exports, 
Imports, Military personnel, Penalties, Reporting and recordkeeping 
requirements, Seizures and forfeitures, Taxes, and Transportation.

    For the reasons discussed in the preamble, ATF is amending 27 CFR 
parts 447, 478, and 479 as follows:

PART 447--IMPORTATION OF ARMS, AMMUNITION AND IMPLEMENTS OF WAR

0
1. The authority citation for 27 CFR part 447 continues to read as 
follows:

    Authority: 22 U.S.C. 2778, E.O. 13637, 78 FR 16129 (Mar. 8, 
2013).


Sec.  447.11  [Amended]

0
2. In Sec.  447.11, amend the definition of ``Machinegun'' by removing 
the last two sentences of the definition and by removing the commas 
after the quotation marks at the end of terms ``machinegun'', ``machine 
pistol'', and ``submachinegun'' and adding a comma inside the ending 
quotation marks for each of those terms.

PART 478--COMMERCE IN FIREARMS AND AMMUNITION

0
3. 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).


Sec.  478.11  [Amended]

0
4. In Sec.  478.11, amend the definition of ``Machine gun'' by removing 
the last two sentences of the definition.

PART 479--MACHINE GUNS, DESTRUCTIVE DEVICES, AND CERTAIN OTHER 
FIREARMS

0
5. The authority citation for 27 CFR part 479 continues to read as 
follows:

    Authority: 26 U.S.C. 5812; 28 U.S.C. 5822; 26 U.S.C. 7801; 26 
U.S.C. 7805.


Sec.  479.11  [Amended]

0
6. In Sec.  479.11, amend the definition of ``Machine gun'' by removing 
the last two sentences of the definition.

Robert Cekada,
Director.
[FR Doc. 2026-08926 Filed 5-5-26; 8:45 am]
BILLING CODE 4410-FY-P


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Indexed from Federal Register on May 6, 2026.

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