Final rule · 2026-01141

Revising Definition of “Unlawful User of or Addicted to Controlled Substance”

The Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF") is amending Department of Justice ("Department") regulations to update the definition of "unlawful user of or addicted to any controlled substance," a category of persons who may not possess firearms under federal law. This definition was established in 1996 to facilitate operation of the National Instant Criminal Background Check System. Since then, court decisions and ATF internal guidance have evolved to include recurring use as a factor. As a result, ATF is aligning the definition with the best statutory understanding, as informed by judicial decisions.