The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) has unveiled a new proposed rule that will allow firearms to be shipped directly to the door of gun buyers.
The rule, titled “Revising Non-Over-the-Counter Firearms Transaction Requirements” (Docket No. ATF-2026-0266; RIN 1140-AB05), is sure to rattle the cages of the anti-gun lobby. It was added to the Federal Register today and is scheduled to be published tomorrow.
The proposed rule would expand non-over-the-counter (NOTC) firearms transfers by Federal Firearms Licensees (FFLs). Currently, buyers must purchase their Gun Control Act (GCA) firearms in person from dealers. Under the new rule, dealers in the same state as the buyer will be allowed to sell and ship firearms directly to customers without requiring them to visit a physical store.
The rule will permit FFLs to remotely verify the buyer’s identity using approved methods.
Gun stores must use identity proofing and authentication that meet NIST SP 800-63-4 standards. This includes Identity Assurance Level 2 (IAL2) for initial proofing, which requires strong validation of identity evidence such as a driver’s license or passport, combined with binding via video, biometrics, or other approved methods. Returning customers can use Authentication Assurance Level 2 (AAL2), which includes multi-factor authentication (MFA).
The buyer must submit an ATF Form 4473 and a copy of a government-issued photo ID to the dealer. The FFL must then conduct a video conference to visually compare the buyer to their ID. The buyer completes the remote identity proofing and authentication through a Credential Service Provider (CSP) that meets NIST standards. Once verified, the FFL runs the buyer through the National Instant Criminal Background Check System (NICS).
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After the NICS check, the standard 7-day waiting period and Chief Law Enforcement Officer (CLEO) notification (via mail or electronic means) still apply, along with normal recordkeeping requirements. FFLs remain responsible for ensuring their chosen CSP complies with the standards; the rule does not mandate any specific provider.
This change aligns with the plain language of the Gun Control Act (18 U.S.C. § 922(c)), which has authorized non-over-the-counter sales since 1968 (with a 2024 update allowing electronic CLEO notifications) without limiting them to NICS-exempt transactions. The ATF argues that the Brady Act’s NICS and identity verification requirements (18 U.S.C. § 922(t)) do not prohibit remote verification.
Technological advancements since the 1993 Brady Act now make secure remote verification possible, similar to methods already used by other agencies, such as the IRS, with ID.me. The goal of the rule is to increase flexibility and access for lawful buyers without compromising safety.
NOTC transfers are already common for National Firearms Act (NFA) items such as suppressors. Many companies maintain networks of in-state FFLs that receive NFA items and then mail them directly to the buyer’s door after approval. These networks are well established, and there is no reason companies like Palmetto State Armory (PSA) could not use similar processes for standard GCA firearms.
In addition to greater flexibility for buyers and FFLs, the rule will particularly benefit gun owners in remote rural areas or those unable to travel. It allows the entire process to be completed online, eliminating the need to visit a physical gun shop. The ATF estimates significant deregulatory savings of $103.7 million annualized over 10 years. There are minimal direct costs to the government or FFLs, as use of the service is voluntary and any transaction fees can be passed on to buyers.
The public comment period will run for 90 days after publication in the Federal Register. Comments can be submitted via regulations.gov or by mail. This rule coordinates with a separate proposed rule revising ATF Form 4473 (Docket No. ATF-2026-0001; ATF 2025R-01P).
About John Crump
Mr. Crump is an NRA instructor and a constitutional activist. John has written about firearms, interviewed people from all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons. Follow him on X at @right2bear or at www.crumpy.com.
I would be more impressed and happier if I could walk into any gun shop and buy a gun.
Why can’t I buy something in Texas or Nebraska if that’s where I happen to be?
The NICS check is federal and they would have my home address so what difference does it make what state I’m buying it in?
Having to ship it to a home state ffl is a serious infringement of rights.
The Founders didn’t have to do that!
Put it all the way back like it used to be ordering from Sears, Otasco and others
“After the NICS check, the standard 7-day waiting period and Chief Law Enforcement Officer (CLEO) notification (via mail or electronic means) still apply”
There is no standard waiting period nor a CLEO notification. (only in some communist states)
Sounds like more trouble than picking it up at the store on my way home from work.
l don’t trust the USPS to deliver a letter let alone a gun.
Not in Commiefornia. We can’t even have ammo sent to our home. The state lost the case but they put some type of bull shit out so nobody will ship it. Also the have an 11% added tax for guns, parts, and ammo on top of at least 10% sales tax.
The state leftist government SUCKS hard and the people are too stupid to vote for change.
Sounds more cumbersome than the 15 minute drive to my LGS.
OK so let me see if I understand this. I see something I want from PSA. I have to contact an FFL, go to their web site fill out the 4473, they order it from PAS, it goes to them and they mail it to me? Or do I fill out the 4473 on line give them my ID and pay their fee and PSA mails it to me? Right I cant see any problems with this, I mean what could go wrong?
IMO, I don’t want to be jumping through hoops long before getting my firearm shipped. I believe I’d just drive to the nearest gun store that has the firearm I’m looking to get. I also don’t trust the USPS to get a firearm to my door without it getting lost.
Does me no good – none of my devices have functioning cameras and, even if they did, I don’t do selfies or video calls. I guess I’ll just have to stick with C&R if I want ’em delivered to my door (and I wouldn’t want most “modern” guns, anyway – all the plastic, striker-fired, safetyless garbage!).