ATF Proposal Would Allow Same-State Direct-to-Buyer Firearm Transfers
The Bureau of Alcohol, Tobacco, Firearms and Explosives proposal would let a federal firearms licensee transfer a firearm to an unlicensed buyer who lives in the same state without requiring that buyer to visit the dealer's premises. The notice appeared in the Federal Register on May 8, 2026, under docket ATF-2026-0266 and RIN 1140-AB05. Its public comment period closed August 6. It remains a proposal, so it does not currently authorize a new direct-to-buyer transfer process.
The proposed transaction process
ATF would amend 27 CFR 478.96 and 478.124 to expand what the agency calls non-over-the-counter, or NOTC, transactions. Current regulations generally limit that route to transfers exempt from a National Instant Criminal Background Check System check. The proposed text would add NOTC transfers that require NICS, provided the buyer resides in the state where the licensee's business is located and all other conditions are met. A participating dealer could then ship or deliver the firearm after completing the required process.
The buyer would still submit ATF Form 4473, a true copy of a valid photo identification document, proof of current residence when the identification does not show it, and any other required supporting documents. Before every transfer, the dealer would have to conduct a video conference, inspect the buyer's actual photo identification, compare it with the buyer's appearance, and check that the document matches the information on Form 4473. The proposal does not allow a dealer to rely only on an uploaded image or a previous transaction.