Proposed Rule2026-09161
Interstate Transport and Temporary Export of National Firearms Act Firearms
Primary source
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Published
May 8, 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 for transporting firearms registered under the National Firearms Act ("NFA") in interstate or foreign commerce. ATF proposes to no longer require that persons transporting certain NFA firearms within the United States for short-term purposes (365 days or fewer) submit notice to ATF and await approval before transporting; and that persons transporting certain NFA firearms within the United States for long-term purposes (more than 365 days) or for permanent relocation would no longer have to await approval after submitting notice before transporting.
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<title>Federal Register, Volume 91 Issue 89 (Friday, May 8, 2026)</title>
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[Federal Register Volume 91, Number 89 (Friday, May 8, 2026)]
[Proposed Rules]
[Pages 25229-25237]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-09161]
[[Page 25229]]
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DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms, and Explosives
27 CFR Part 478
[Docket No. ATF-2026-0068; ATF No. 2025R-03P]
RIN 1140-AA89
Interstate Transport and Temporary Export of National Firearms
Act Firearms
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 for transporting firearms registered under the National
Firearms Act (``NFA'') in interstate or foreign commerce. ATF proposes
to no longer require that persons transporting certain NFA firearms
within the United States for short-term purposes (365 days or fewer)
submit notice to ATF and await approval before transporting; and that
persons transporting certain NFA firearms within the United States for
long-term purposes (more than 365 days) or for permanent relocation
would no longer have to await approval after submitting notice before
transporting.
DATES: Comments must be submitted in writing, and must be submitted on
or before (or, if mailed, must be postmarked on or before) August 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-AA89, 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-AA89.
Instructions: All submissions must include the agency name and
number (RIN 1140-AA89) 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#a4ebf6e5e4c5d0c28ac3cbd2"><span class="__cf_email__" data-cfemail="fab5a8bbba9b8e9cd49d958c">[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 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), (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 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
pertaining 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 generally makes it unlawful for an individual to transport
in interstate or foreign commerce any destructive device,\3\ machine
gun,\4\ short-barreled shotgun,\5\ or short-barreled rifle \6\
(``affected NFA firearms'') if not specifically authorized to do so by
the Attorney General, consistent with public safety and necessity. 18
U.S.C. 922(a)(4). Transportation in interstate commerce includes any
transportation of a firearm across state lines, including
transportation by individuals for personal use. See United States v.
Mullen, 160 F. App'x 711, 713-14 (10th Cir. 2005) (``A firearm is
deemed to have been in interstate commerce if it has been transported
across state lines. Because interstate commerce is not limited to
interstate trade, the fact that the crossing took place when the gun
was taken by its owner [to another state] while on vacation did not
render the stipulation [that the gun had been transported in interstate
commerce] improvident.'' (internal citation omitted)).
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\3\ See 18 U.S.C. 921(a)(4) for the definition of ``destructive
device.''
\4\ See 26 U.S.C. 5845(b) for the definition of ``machinegun.''
\5\ See 18 U.S.C. 921(a)(6) for the definition of ``short-
barreled shotgun.''
\6\ See 18 U.S.C. 921(a)(8) for the definition of ``short-
barreled rifle.''
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ATF regulations at 27 CFR 478.28 implement 18 U.S.C. 922(a)(4) and
state that the Director may authorize a person to transport in
interstate or foreign commerce any affected NFA firearm if the Director
finds the transportation is reasonably necessary and is consistent with
public safety and applicable state and local law. Section 478.28(a)
currently provides that a person who desires to transport in interstate
or foreign commerce any such NFA firearm must submit a written request
to do so. Individuals submit such requests on an
[[Page 25230]]
ATF Form 5320.20, Application to Transport Interstate or to Temporarily
Export Certain NFA Firearms (``Form 20''). Additionally, under Sec.
478.28(b), persons must wait for individual authorization from the
Director before transporting the NFA firearm.
II. Proposed Rule
A. Transporting in Interstate Commerce
ATF is proposing to generally authorize individuals to transport in
interstate commerce any of their affected NFA firearms if they have a
lawful purpose for transporting the firearm, they are transporting it
on a short-term basis (365 days or fewer), and the firearm is legal at
the destination location, subject to the qualifications described
below. The current individualized approval system for these purposes is
unnecessary for any legitimate law enforcement purpose and has proven
burdensome for both registrants and ATF.
The current requirement for a person transporting affected NFA
firearms in interstate commerce to submit Form 20 and receive approval
prior to transporting them was implemented to accomplish three
purposes. First, the form satisfies the requirement in 18 U.S.C.
922(a)(4) that persons must receive approval from the Attorney General
before transporting their firearms in interstate commerce. Second, it
permits ATF to verify that the firearm is registered in the National
Firearms Registration and Transfer Record (``NFRTR''). Third, it allows
ATF to ensure that it is lawful for the person to transport the firearm
into the destination state. However, none of the three is essential to
effectively implement the statute as written.
The GCA does not specify how the Attorney General is to give
approval. Although the statute uses the term ``specifically
authorized,'' the Supreme Court has held that ``even if a statutory
scheme requires individualized determinations . . . the decisionmaker
has the authority to rely on rulemaking to resolve certain issues of
general applicability unless Congress clearly expresses an intent to
withhold that authority.'' Lopez v. Davis, 531 U.S. 230, 243 (2001)
(quoting Am. Hosp. Ass'n v. N.L.R.B., 499 U.S. 606, 612 (1991)).
Nothing in the law suggests Congress intended to prohibit the Attorney
General from providing authorization to persons on a categorical basis,
provided they meet specific criteria. Thus, the current Form 20
authorization protocol is sufficient to satisfy section 922(a)(4) on an
individual basis, but it is not necessary or required by the statute.
ATF also has no need to use Form 20 to verify that an individual
has a lawfully registered NFA firearm. Were a question to arise as to
whether a transported weapon was properly registered, ATF would be able
to query the NFRTR using the firearm's description. An approved Form 20
may have some value to other law enforcement agencies to verify with
the possessor that the firearm being transported is registered. But,
that purpose can be achieved by other means, including by requiring
that persons provide copies of their approved registration documents.
Perhaps the most valuable service provided by Form 20 is for ATF to
check whether it is lawful to possess the NFA firearm in the
destination state. But it is rare that individuals apply to transport
affected NFA firearms into states in which the firearm is prohibited.
From January 2020 to May 2025, ATF received approximately 96,865 Forms
20 to transport affected NFA firearms in interstate commerce, both
temporarily (short-term and long-term) and permanently. Only 516 (0.5
percent) of these Form 20 applications were denied on the basis that
the destination state's law prohibits a person from possessing that
kind of firearm in that state. Individuals who intend to travel with
their affected NFA firearms can, and do, look up and review state laws
on the internet and other readily accessible sources--a fact that
likely accounts for the very small number of individuals who apply to
bring affected NFA firearms into a state in which the firearm is
prohibited.
Most commonly, Form 20 has become an unnecessary regulatory hurdle.
Of the 10,532 Forms 20 that were denied from January 2020 to May 2025,
the most common reason ATF denied them was for a technical error--that
the form was not properly completed--rather than a substantive problem
with transporting the firearm as requested. Form 20 also creates
unnecessary problems for those traveling with firearms for lawful
purposes. ATF often receives requests to expedite Forms 20 due to
individuals' imminent travel. However, it has frequently taken ATF
longer to process such requests than the time until these persons wish
to travel because, until September 30, 2025, Form 20 was not on ATF's
eForms system. ATF therefore previously accepted Form 20 only in paper
form or via email. Now, when ATF receives a Form 20 application, the
average processing time is three days for an eForm, and nine days for a
paper form. But that may still be a longer time than some persons might
have prior to short-term travel. Further, until September 30, 2025, ATF
had been returning Forms 20 only through the United States Postal
Service to the registrant's address, to avoid any unlawful disclosure
of personal identifying information or tax information. This process
added time and created potential disruptions to travel plans,
particularly for short-term travel. Now, if a person submits Form 20
via eForms, ATF notifies the person by email when the form is approved
and the person can retrieve the approval directly from the system, so
this aspect has been alleviated for some persons, but not all. For
individuals seeking to bring affected NFA firearms across state lines
on a regular basis--for example, for a trip to a shooting range in a
neighboring state or travel between residences--the requirement to wait
for ATF to approve the form and, if submitted by paper, for it to
arrive in the mail before each trip, makes it difficult for individuals
to transport and use their affected NFA firearms for lawful purposes.
Accordingly, because the current process adds waiting time, and
transportation and planning uncertainty, for persons wishing to
lawfully transport their affected NFA firearms outside the state in
which they reside, provides little utility to ATF, and does little to
alleviate risks to public safety, ATF is proposing to amend 27 CFR
478.28 as described below.
B. Short-Term Interstate Transportation (365 Days or Fewer)
ATF is proposing to specifically authorize persons transporting
their affected NFA firearms they own to do so without submitting a
request to ATF or waiting for ATF approval, so long as the period for
which they are transporting their firearm out of state is for a short
duration--365 days or fewer.
C. Long-Term Interstate Transportation (More Than 365 Days) or
Permanent Moves
In the case of long-term or permanent moves out of the person's
state (more than 365 days, regardless of intent to return), the person
would have to submit notice to ATF on an individual basis at least 14
days prior to beginning transportation but would not be required to
wait for approval from ATF before initiating the move. For long-term
and permanent moves, ATF needs written notice to update the long-term/
permanent location of the affected NFA firearm, but for the reasons
discussed above, public safety is not meaningfully improved by
requiring persons to wait for ATF approval before traveling. The 14-day
lead time would allow ATF to
[[Page 25231]]
conduct an initial review, if not a final one, of most submissions, and
the notice would therefore constitute automatic authorization to
transport the firearm unless ATF rescinds it after review. Under this
approach, ATF could update NFRTR registration information prior to the
planned transportation date or, if rescinding the automatic
authorization to transport the firearm, could notify individuals of any
legal issues with their intended move. This process would help
individuals avoid legal liability or unnecessary costs associated with
transporting a firearm to a state where it is illegal. However,
requesters would not be required to wait for a response from ATF prior
to beginning the move, thus avoiding delays to their plans if a backlog
or other issue were to cause a longer processing time. If ATF reviews a
notice and rescinds authorization before the requester travels, the
individual would not be able to transport the identified firearm; if
ATF rescinds authorization after travel has begun, the person would
have to stop transporting the firearm. In such cases, there may be
remediation options that could be handled en route and enable the
person to proceed, but in other cases, the person may have to return
home with the firearm. If ATF rescinds authorization after travel has
been completed into the destination state, the requester should
immediately contact the ATF field division for guidance.
D. ``Pass-Through'' Interstate Transportation
ATF also proposes to clarify that persons transporting affected NFA
firearms interstate (temporarily or permanently) are authorized to pass
through a jurisdiction within the United States that prohibits the
weapon/device they are transporting, provided they do so in compliance
with 18 U.S.C. 926A (interstate transportation of firearms).
E. Common/Contract Carrier Interstate Transportation
In addition, the proposed rule clarifies that persons transporting
their affected NFA firearms via common/contract carrier must provide
the carrier with a copy of the person's NFRTR proof of registration for
each firearm. Authorization under section 922(a)(4) and its
implementing regulations does not relieve anyone from any requirements
or prohibitions imposed by state or local law. The current proposed
rule would retain and clarify that fact.
F. Temporary Transportation in Foreign Commerce
These proposed changes would not affect the pre-approval process
for temporarily transporting firearms in foreign commerce. Most
countries do not allow private individuals to possess affected NFA
firearms. By contrast, most states do. The pre-approval process has
value in ensuring that persons are exporting weapons lawfully, for
proper purposes, and in accordance with the foreign country's laws.
Additionally, the United States has strict export controls and Form 20
enables the government to verify compliance with those controls.
Generally, the NFA prohibits importing NFA firearms, with limited
exceptions. One such regulatory exception under 27 CFR 479.111(c)
provides that a person may return a firearm to the United States
provided that person can demonstrate to Customs that the person had
originally taken the firearm out of the United States. In the event an
NFA firearm is temporarily exported, it can be reimported by the person
who took the firearm outside the United States. Form 20 provides proof
to Customs that an individual may bring the firearm back into the
United States under Sec. 479.111(c).
For the foregoing reasons, a person wishing to temporarily export
(short-term and long-term) such firearms would continue to use Form 20
for this purpose as well. A person wishing to permanently export such
firearms would continue to use ATF Form 5320.9, Application and Permit
for Permanent Exportation of Firearms (National Firearms Act) (``Form
9'').
G. Technical Changes
ATF also proposes making minor technical changes to improve and
streamline language, including topical sub-headings, shorter sentences,
updated form numbers and names, and plain writing.
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 478.28 to allow individuals
to transport affected NFA firearms across state lines for short-term
periods up to 365 days without the need to submit a written request and
receive approval from the Director before doing so. It also proposes to
allow individuals to transport, for long-term (more than 365 days) or
permanent purposes, such firearms in interstate commerce with written
notice to ATF, but without the current requirement to wait for ATF to
approve an application before transporting the item. In addition, the
rule proposes to authorize such individuals to ``pass through''
jurisdictions that do not permit such firearms, as long as the firearms
are transported in accordance with statutory requirements. All three
actions reduce burdens on the public without creating undue risks to
public safety.
The Office of Management and Budget (``OMB'') has determined that
this rule is not 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
ATF believes that Form 20 has become an unnecessary regulatory
hurdle. As discussed above, of Forms 20 that were previously denied,
the most common reason was that the form was not properly completed,
which should not bar a person from traveling with their own firearm.
Eliminating the requirement for the form in common short-term
situations removes this problem. Form 20 also creates unnecessary
problems for those traveling with firearms for lawful purposes. Because
the current process adds time and transportation/planning uncertainties
for persons wishing to lawfully transport their affected NFA firearms
outside the state in which they reside, it provides little utility to
ATF and does little to alleviate risks to public safety. Therefore, ATF
is proposing to amend 27 CFR 478.28 to address these problems.
2. Benefits
The benefits ATF expects to result from this proposed rule would be
primarily qualitative in nature, but some paperwork-related time
burdens can be monetarily quantified. For purposes of this analysis,
owners of affected NFA firearms fall into three groups, two of which
would be affected by this proposed rule. The first group (``Group 1'')
consists of owners of affected NFA firearms planning short-term travel
[[Page 25232]]
across state lines. Group 1 would no longer incur inconvenient waiting
times nor the time required to complete the application. The second
group (``Group 2''), consisting of owners planning longer-term
temporary travel or permanent domestic relocation with their affected
NFA firearms, would not incur the expected wait time since they would
no longer be required to wait for ATF approval before transporting
their items under this proposed rule, though they would still be
required to complete the form and notify ATF 14 days prior to
traveling. Finally, the third group, consisting of both short-term and
long-term temporary exporters taking their affected NFA firearms out of
the country, would not be impacted by the proposed rule as they would
still be required to submit the request and wait for ATF approval.
Reduced Time and Uncertainties Waiting for Approval
The existing process adds waiting time, and transportation and
planning uncertainty, for persons in Group 1. Waiting and uncertainty
generally do not give rise to quantifiable or monetized cost savings
but do have qualitative impacts. The delay and processing time under
the current system imposes qualitative burdens on owners who decide to
travel with their affected NFA firearms and do not have time to wait
for approval, or who would otherwise engage in more flexible travel
planning but for the uncertain waiting period and outcome. Authorizing
such persons to transport their firearms without first submitting a
request to ATF or waiting for ATF approval would preclude the affected
individuals from having to delay their travel or complete their travel
without their affected NFA firearms.
In addition, the proposed rule would also reduce the same time
burden and planning uncertainties for persons in Group 2. Although
these persons would have to submit the notice 14 days before their
planned travel date, these persons would be able to begin their travel
as planned, without having to wait for ATF approval, and would thus
also experience a time and qualitative benefit.\7\
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\7\ Although Group 2 would be able to begin their travel without
waiting for ATF approval if not approved by the 14th day, persons in
Group 2 would need to cease traveling if ATF ultimately denies the
travel. There is some possibility that people might hesitate to
embark on such travel as planned due to that prospect, but ATF
thinks this would be de minimis as people would have already
accounted for that possibility and because it is extremely rare that
such requests are denied.
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Based on ATF data, the average processing time for a transportation
request is approximately three days for electronic emailed forms and
nine days for paper forms.\8\ Based on data over the past five years,
the average annual number of applications for temporarily transporting
affected NFA firearms for short-term purposes is 6,770, with the annual
approval rate averaging 90 percent, as shown in Table 1.
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\8\ ATF Current Processing Times, Average Processing Times for
Applications Processed During November 2025, <a href="https://www.atf.gov/resource-center/current-processing-times">https://www.atf.gov/resource-center/current-processing-times</a> [<a href="https://perma.cc/27C7-JGG5">https://perma.cc/27C7-JGG5</a>].
Table 1--Annual Form 20 Applications for Short-Term Moves and Approval
Rate
------------------------------------------------------------------------
Year Applications \9\ Approval rate (%)
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2020.............................. 6,471 86
2021.............................. 5,584 89
2022.............................. 5,745 92
2023.............................. 7,878 93
2024.............................. 8,173 91
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Average....................... 6,770 90
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ATF expects this qualitative benefit for persons transporting
firearms short-term to be tempered by the fact that a majority of
owners of affected NFA firearms who travel with them for exhibitions,
shows, contests, and shooting events, tend to be prepared and make
arrangements well in advance. This means such individuals generally are
not delayed by this application processing time. Similar expectations
would apply to persons intending long-term or permanent domestic
transportation as part of a move or other change in the item's stored
location. However, ATF still expects this proposed rule to ease burdens
generally by minimizing paperwork up front (see next paragraph) and
enabling more flexibility without jeopardizing public safety.
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\9\ ATF notes that the number of applications to temporarily
(short-term or long-term) transport firearms in foreign commerce is
small. In 2025, as of July, there were 10,063 Form 20 applications
submitted and only 35 of them were for transportation in foreign
commerce. Additionally, a survey of the most recent Form 20
submissions found that two of 100 applications were for foreign
transportation.
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Reduced Time Completing Requests
ATF also believes the proposed rule will reduce the burden imposed
by the current application form and submission process. The request
currently takes approximately 45 minutes for an applicant to complete.
Members of Group 1 would experience the benefit of eliminating this
compliance burden altogether. In addition, the proposed rule would
reduce the time burden for Group 2. While members of Group 2 would
still submit a request under the proposed rule, the revised Form 20 for
this purpose would take less time (15 minutes).
As shown above, under the reduced time and uncertainties portion of
this analysis, the average annual request count for all requests to
temporarily transport affected NFA firearms is 6,770, which ATF assumes
would hold steady over the projection period. To quantify the number of
applications both Groups 1 and 2 submit, ATF data shows that, of the
total requests to temporarily transport, approximately 78 percent
request to transport for under 365 days, while only 22 percent request
to temporarily transport and relocate for more than 365 days in
duration. Accordingly, of the multi-year average of 6,770, Group 1
(short-term temporary) would be 5,310 individuals, while Group 2 (long-
term temporary) would constitute 1,460 individuals.
For purposes of this analysis, ATF estimates that the opportunity
costs of completing a request to transport such firearms is based on
the person's free time or ``leisure time,'' as ATF assumes that most,
if not all, applicants would
[[Page 25233]]
not complete these requests during their work time. ATF relied on the
Department of Health and Human Services' (``HHS'') methodology for
calculating leisure wages,\10\ and ATF used the Bureau of Labor
Statistics' (``BLS'') median weekly income for full-time employees as
the base from which to calculate the pre-tax hourly wage. ATF then used
the proportion between Census publications on median household income
and median household income after taxes to estimate the percent of
state and federal taxes (14 percent). This percent was deducted from
the hourly pre-tax wage to derive the post-tax hourly wage, which
becomes the leisure wage under the HHS methodology. Table 2 outlines
the leisure wage.
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\10\ U.S. Dept of Health and Human Servs., Valuing Time in the
U.S. Department of Health and Human Services Regulatory Impact
Analyses: Conceptual Framework and Best Practices 40-41 (June 2017),
<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>
(last visited April 22, 2026).
Table 2--Leisure Wage Rate for Individuals
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Inputs for leisure wage rate Numerical inputs Source
----------------------------------------------------------------------------------------------------------------
Median weekly wage.................... $1,214........................ News Release, BLS, Usual Weekly Earnings
for Wage and Salary Workers, third
quarter 2025
https://perma.cc/PK8F-SSMK.
Median hourly wage.................... $30.35........................ $1,214 median weekly wage/40 hours a
week = $30.35.
Real median household income pre-tax.. $83,730....................... U.S. Census Bureau, Median Household
Income, 2025
https://perma.cc/RU47-LLBX.
Real median household income post-tax. $72,330....................... U.S. Census Bureau, Median Household
Income,
post-tax spreadsheet, 2025
https://perma.cc/M33M-EWY7.
State and federal taxation............ 86 percent.................... $72,330 post-tax income/$83,730 pre-tax
income = .86 net household income rate.
Leisure wage.......................... $26.10........................ $30.35 hourly non-leisure wage * .86 net
household income rate = $26.10 hourly
leisure wage.
Rounded leisure wage rate............. $26.00........................ ........................................
----------------------------------------------------------------------------------------------------------------
Based in part on HHS's methodology for leisure time, ATF attributes
a rounded value of $26 per hour, and a per-request cost of $19.50 for
Group 1's time spent completing the required paperwork (45 minutes)
before temporarily transporting affected NFA firearms short-term. ATF
projects that there would also be similar cost savings for Group 2, due
to technological changes enabling eForms and recent and ongoing
revisions to the request process. Members in this group would only have
their time burden reduced, not eliminated, since they would still be
required to submit Form 20 and wait 14 days from when they submit it
before being able to transport. Those changes would reduce the current
time of 45 minutes to 15 minutes, thereby saving 30 minutes on each
request. The cost savings from reducing the time by 30 minutes (.5
hours) is $13 per request ($26 hourly leisure wage * .5 hours).
Table 3 outlines the estimated costs that owners of affected NFA
firearms would save per year--on requests to temporarily transport
affected NFA firearms (short-term or long-term)--as a result of the
proposed rule.
Table 3--Cost of Requests To Temporarily Transport Affected NFA Firearms
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of Hourly wage Average annual
Cost item requests Hourly burden rate Hourly cost requests Rounded cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
Completing request--Group 1............................. 1 0.75 $26 $19.5 5,310 $103,545
Completing request--Group 2............................. 1 0.5 26 13 1,460 18,980
-----------------------------------------------------------------------------------------------
Total............................................... .............. .............. .............. .............. .............. 122,525
--------------------------------------------------------------------------------------------------------------------------------------------------------
Overall, ATF estimates that the proposed rule would save persons in
Group 1 and Group 2 approximately $122,525 annually, due to the reduced
time they would spend completing and submitting requests, making the
10-year savings from this proposed rule approximately $1.23 million.
3. Costs
ATF does not expect the proposed rule to result in any quantifiable
or monetized cost in the form of financial burdens to the affected
population of affected NFA firearm owners or other groups. There are,
however, potential qualitative costs.
For example, by no longer requiring that ATF first ensure the
requested travel is compliant with state and local laws before
approving interstate transportation, individuals themselves may need to
ensure their proposed transportation is lawful, potentially adding both
burden and risk to such travel as they might not understand state and
local law, might not realize they should check it ahead of time, or
might believe federal law supersedes state or local law. The same is
true with respect to tribal law.
4. Regulatory alternatives
Alternatives 1 and 2. Retaining the Status Quo or Issuing Guidance
ATF considered continuing the status quo, requiring ATF approval
before travelling with affected NFA firearms across State lines. This
is also known as the no-action alternative and was rejected as it would
continue to impose unnecessary burdens on the public without
commensurate benefits. ATF also considered issuing guidance (a ruling
or open letter) on the subject but determined that neither option was
an appropriate long-term alternative because the regulatory
requirements would remain in effect or would be in conflict with
guidance. The current process of submitting a request and waiting for
ATF approval is hampering individual travel plans, the impact of the
proposed changes on public safety would be de minimis, and the current
[[Page 25234]]
requirements are regulatory, so must be adjusted via rulemaking.
Alternative 3. Streamlining or Modernizing the Request Process
ATF also considered taking actions to streamline the process and
make it more efficient, instead of pursuing rulemaking. ATF considered
actions such as making the forms easier to file and receive (e.g., by
using eForms and making the forms less burdensome) and has already
improved the current process's efficiency, as discussed under sections
I and II of this preamble. And ATF continues to work on ways to further
streamline and increase efficiency. However, some improvements can
easily be affected by other bandwidth or capacity conditions that
create downstream delays and inconveniences. For example, ATF's systems
for processing applications are extremely old and, even with people
working overtime to process such applications, there are times when so
many are submitted that the system cannot continue processing at the
usual pace. The number of users slows down the system, which can
sometimes cause delays that impact how quickly a person receives a
response from ATF. The proposed rule would instead offer members of the
public the ability to bypass waiting for ATF approval if their
circumstance necessitates it, but it would not prohibit using the
existing process if they prefer.
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 provide qualitative benefits and generate savings of more than
$122,000 per year, or $1.23 million in ten years, by eliminating or
changing the requirement to apply to transport a person's NFA firearms
to ATF and await ATF's approval before traveling. ATF therefore expects
this rule, if finalized as proposed, to qualify as an Executive Order
14192 deregulatory action (defined in 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 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, 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. ATF estimates that this proposed rule would
provide savings for NFA firearm owners, as well as qualitative
benefits. Furthermore, this proposed rule is deregulatory and would 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 create the need to revise
an existing information collection covered under the PRA. The title
(which ATF is proposing to revise to clarify the new scope) and
description of the information collection, a description of those who
provide the information, and an estimate of the total annual burden
under the proposed changes follow. The estimate reflects a reduction in
the number of respondents requesting to temporarily transport affected
NFA firearms across state lines (to remove all persons currently
required to apply to transport firearms short-term) and a reduction in
hourly burden from 45 minutes to 15 minutes (due to technological
developments and a more streamlined process) to complete a request.
Title: Application to Transport Interstate or Temporarily Export
Certain National Firearms Act (NFA) Firearms.
OMB control number: 1140-0010.
Summary of the information collection: This information collection
requires that persons must submit ATF Form 5320.20, Application to
Transport
[[Page 25235]]
Interstate or Temporarily Export Certain National Firearms Act (NFA)
Firearms (``Form 20''), to ATF prior to transporting certain NFA
firearms (destructive devices, machine guns, short-barreled shotguns,
short-barreled rifles) in interstate commerce long-term (for more than
365 days) or permanently. An applicant must also submit Form 20 before
temporarily exporting such firearms outside the country in foreign
commerce.
Need for and proposed use of information: Tracking the location of
certain types of firearms being moved long-term or permanently within
the United States, or exported temporarily outside the United States,
to comply with statutory requirements.
Description of the respondents: Persons who possess the designated
kinds of NFA firearms.
Number of respondents: Currently in inventory: 20,000. If the
proposals in this rule are finalized as proposed: 9,361.
Frequency of response: As needed.
Burden of response: Current: 45 minutes. Stemming from this rule:
15 minutes per response.
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. In addition,
ATF 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-AA89 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-AA89. 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 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.
[[Page 25236]]
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-AA89).
Severability
Consistent with the Administrative Procedure Act, the issues raised
in this proposed rule may be finalized, or not, independently of each
other, after consideration of comments received. ATF has determined
that this proposed rule implements and is fully consistent with
governing law. However, in the event this proposed rule is finalized,
if any provision of that final rule, an amendment or revision made by
that rule, or the application of such provision or amendment or
revision to any person or circumstance, is held to be invalid or
unenforceable by its terms, the remainder of that final rule, the
amendments or revisions made by that rule, and application of the
provisions of the rule to any person or circumstance shall not be
affected and shall be construed so as to give them the maximum effect
permitted by law.
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 recordkeeping
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 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. Revise Sec. 478.28, including its heading, to read as follows:
Sec. 478.28 Transporting destructive devices and certain firearms.
(a) Transporting in interstate commerce. The Director specifically
authorizes individuals to transport in interstate commerce any machine
gun (as defined in 26 U.S.C. 5845(b)), short-barreled rifle, short-
barreled shotgun, or destructive device, provided the individual meets
the following conditions:
(1) The firearm is properly registered to that individual in the
National Firearms Registration and Transfer Record (NFRTR);
(2) The individual is going to a place where the individual may
lawfully possess the firearm;
(3) The firearm is being transported for a lawful purpose; and
(4) The individual carries, in paper (original or copy) or
electronic form, the firearm's NFA permit to prove it is registered to
the individual in the NFRTR.
(b) Short-term interstate transportation. If the individual is
transporting an NFA firearm as authorized under paragraph (a) of this
section for short-term purposes (i.e., 365 days or fewer), the Director
authorizes such short-term transportation without notifying ATF.
(c) Pass-through interstate transportation. If, during the course
of transporting a firearm as authorized under paragraph (a) of this
section, the individual passes through a jurisdiction that prohibits
the firearm, the Director authorizes such pass-through transportation,
provided the individual is transporting the firearm in compliance with
18 U.S.C. 926A (interstate transportation of firearms).
(d) Common/contract carrier interstate transportation. If the
individual transporting the firearm under paragraph (a) of this section
uses a common/contract carrier, the individual must provide the common/
contract carrier with a copy of the firearm's NFA permit to prove it is
registered to the individual in the NFRTR. Providing this permit also
satisfies the notice requirements of 18 U.S.C. 922(e).
(e) Long-term or permanent interstate transportation. If the
individual is transporting the firearm under paragraph (a) of this
section for purposes of a long-term (more than 365 days) or permanent
move, the individual must notify ATF on a form designated by the
Director fourteen days prior to the move and is authorized to initiate
the move 14 days thereafter, except that:
(1) Such individuals may not initiate the move if, before they do
so, the Director rescinds the authorization to transport the firearm
because transporting or possessing the firearm would place them in
violation of law; and
(2) If exigent circumstances preclude individuals from providing
fourteen days' notice to ATF before initiating the move, they must:
(i) Submit the notice as soon as practicable, informing ATF that
they have moved (or are about to move) the firearm; and
(ii) Comply with any directions provided by the Director that are
necessary to ensure that possessing the firearm in the new location
remains in compliance with law.
(3) If a person transports a firearm under paragraph (a) of this
section for short-term purposes, which later materializes into a long-
term or permanent move, then the person must provide notice under
paragraph (f) within seven days of learning of the changed
circumstances. The person must comply with any directions subsequently
received from the Director to ensure that possessing the firearm
remains in compliance with law.
(f) Long-term/permanent move notice elements. The notice identified
in paragraph (e) of this section must include the following:
(1) Registered owner's identification information and a description
of the firearm sufficient to locate it in the NFRTR;
(2) Whether the move involves transferring the title;
(3) Purpose for transporting the firearm;
(4) Approximate transportation start- and end-dates;
(5) Transportation mode (including, if by common/contract carrier,
the name and address of such carrier);
(6) Current location of the firearm and the new place to which it
will be transported and stored; and
(7) Evidence that transporting or possessing such firearm is not
inconsistent with the laws at the destination.
(g) Temporary transportation in foreign commerce. An individual
temporarily transporting a firearm described in paragraph (a) of this
section in foreign commerce (i.e., exporting or transporting out of the
United States) must file the notice described in paragraphs (e) and (f)
of this section. Individuals must not transport such firearms in
foreign commerce until they have received approval from the Director.
To permanently export NFA firearms, see 27 CFR 479 subpart H.
(h) Relief from other requirements. Authorization granted under
this section does not carry or import relief from any other statutory
or regulatory provision relating to firearms, including state or local
laws that may restrict or prohibit the firearms enumerated in 18 U.S.C.
922(a)(4).
(i) Transportation by federal firearms licensees. This section may
not be construed as requiring licensees to obtain authorization to
transport machine guns, short-barreled rifles, short-barreled shotguns,
and destructive
[[Page 25237]]
devices in interstate or foreign commerce, provided the licensee meets
the following conditions:
(1) In the case of a licensed importer, manufacturer, or dealer,
the licensee is qualified under the National Firearms Act and this part
to engage in the business with respect to the firearms being
transported (see also part 479 of this chapter); or
(2) In the case of a licensed collector, the firearm being
transported is a curio or relic.
Robert Cekada,
Director.
[FR Doc. 2026-09161 Filed 5-7-26; 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.