Federal Register #2026-08918

Proposed Rule: Clarifying Exceptions to the Brady Act Background Check Requirement

This notice from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) outlines a proposed regulatory change regarding firearms background checks: - Government Buyer: - Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Department of Justice - Purpose of Notice: - Proposes amendments to clarify when state-issued firearms permits can substitute for a National Instant Criminal Background Check System (NICS) check under the Gun Control Act - Specifies that only valid and unexpired permits qualify as NICS alternatives - Details how ATF will evaluate state permit processes and addresses situations with multiple state permit procedures - Clarifies that permits issued in error do not establish state law - Products/Services: - No products or services are being procured - No OEMs or vendors are mentioned, as this is a regulatory notice - Unique/Notable Requirements: - Focuses on regulatory language and statutory alignment, not procurement - No contract, purchase, or acquisition activity is involved

Description

The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) proposes amending Department of Justice regulations to clarify when a state's firearms-related permit meets the requirements under the Gun Control Act of 1968 as an alternative to the National Instant Criminal Background Check System (NICS) check. The proposal includes adding the condition that permits must be unexpired and clarifies the information ATF considers for a permit to qualify as an alternative to a NICS check. It also addresses circumstances where states offer multiple issuing procedures for firearm permits and clarifies that erroneously granted permits do not establish state law. Comments on the proposed rule must be submitted by August 4, 2026.

View original listing