Federal Register #ATF No. 2025R-21F

ATF Final Rule: NICS Background Check Requirement for NFA Firearm Applications

This announcement from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) details a regulatory update impacting the application process for making National Firearms Act (NFA) firearms: - Government Buyer: - Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Department of Justice - Regulatory Change: - ATF regulations now require a National Instant Criminal Background Check System (NICS) background check for all applications to make NFA firearms - Applies to Form 1 applications for items such as machine guns, short-barreled rifles, silencers, and destructive devices - ATF must contact NICS before approving any application - Applications will be denied if approval would result in a legal violation by the applicant - No procurement of products or services is involved - No OEMs, vendors, or product quantities are specified, as this is a regulatory update - Notable Requirement: - Ensures statutory compliance and public safety by mandating background checks for NFA firearm manufacturing applications

Description

The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) is amending Department of Justice regulations to require that a National Instant Criminal Background Check System (NICS) background check be performed as part of the approval process to make a National Firearms Act (NFA) firearm. This amendment ensures that the regulations addressing NFA processes are consistent with statutory requirements. The rule clarifies that an application to make an NFA firearm must be denied if making or possessing the firearm would place the maker in violation of law, and that ATF must contact NICS to make this determination. The rule is effective May 6, 2026.

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