Rescinding regulatory language that exceeds statutory authority, failed judicial review, or did not achieve their intended outcomes.
Contents
- 11P: Removing Factoring Criteria for Firearms with Attached “Stabilizing Braces” - NPRM
- 27P Revising Regs Defining “Engaged in the Business” as a Dealer in Firearms - INTERIM FINAL RULE
- 2024-01F: Revising Machine Gun Definition in Response to Supreme Court Decision - FINAL RULE
- 28P: Removing Youth Handgun Safety Act Notice - NPRM
11P: Removing Factoring Criteria for Firearms with Attached “Stabilizing Braces” - NPRM
ATF is proposing to formally rescind regulatory changes made in 2023 regarding firearms equipped with stabilizing braces. Multiple federal courts have found that the 2023 rule – as codified in 27 CFR 478.11 and 479.11 – violated the Administrative Procedure Act, and the rule has been enjoined, stayed, or vacated across numerous jurisdictions. This proposal removes regulatory language that has been largely unenforceable, restoring the regulatory definitions to be consistent with the underlying statutory definitions.
27P: Revising Regs Defining “Engaged in the Business” as a Dealer in Firearms - INTERIM FINAL RULE
ATF is revising regulatory changes it made to the definition of the ‘engaged in the business’ of dealing in firearms. The rule rescinds certain provisions of the definition of ‘engaged in the business.’ The rescinded changes have not produced the anticipated outcomes in terms of Federal Firearms License applications, administrative licensing actions, civil forfeitures, or other anticipated enforcement metrics. The rule retains the definition of ‘engaged in the business’ as specifically revised and codified by Congress in the Bipartisan Safer Communities Act (BSCA), ensuring that ATF’s regulatory definitions reflect the statutory language Congress enacted.
2024-01F: Revising Machine Gun Definition in Response to Supreme Court Decision - FINAL RULE
ATF is removing two sentences from its three regulatory definitions of "machine gun" that previously incorporated bump stocks into those definitions. This action responds directly to the U.S. Supreme Court's decision in Garland v. Cargill (2024), which held that semiautomatic rifles equipped with bump stocks do not satisfy the statutory definition of "machine gun" under the National Firearms Act. This rescission aligns ATF's regulatory text with the statute and the Court's binding legal interpretation.
28P: Removing Youth Handgun Safety Act Notice - NPRM
ATF is proposing to rescind 27 CFR § 478.103 to remove the requirement for Federal Firearms Licensees (FFLs) to post a sign (ATF I 5300.1) and provide a written notification (ATF I 5300.2) to each handgun purchaser regarding the Youth Handgun Safety Act. This 1998 regulation was established to inform purchasers of the 1994 Youth Handgun Safety Act. The proposed recission reduces an unnecessary burden on FFLs to inform purchasers about a law that has been in place for over 30 years and is now readily accessible.
