Proposed rule · 2026-09157

Revising Non-Over-the-Counter Firearms Transaction Requirements

Federal law permits federal firearms licensees ("FFLs") to transfer firearms to a person residing in the same state but who does not appear in person. These are "non-over-the-counter" ("NOTC") sales. The Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF") proposes amending Department of Justice ("Department") regulations on NOTC sales. These proposed changes would remove restrictions limiting this option to background check-exempt transfers. The proposed rule would permit FFLs to conduct NOTC transfers while complying with background check requirements and adds remote identity proofing and electronic notices to chief law enforcement officers. These changes would provide greater flexibility for individuals lawfully purchasing firearms.