ATF’s proposed non-over-the-counter transfer rule could allow same-state FFLs to complete firearm sales remotely and ship guns directly to qualified buyers after identity verification, Form 4473, and NICS requirements are satisfied. img Travis Pike
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.
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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.
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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).
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.
