Easier Remote Gun Buys? ATF Eyes Online ID Checks
Published Date: 5/8/2026
Proposed Rule
Summary
The ATF wants to make it easier for licensed gun sellers to sell firearms without the buyer being there in person, as long as background checks are done. This change lets sellers use remote ID checks and send electronic notices to local law enforcement. If you’re a licensed gun dealer or buyer, get ready for more flexible, tech-friendly rules starting after the comment period ends on August 6, 2026.
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Analyzed Economic Effects
5 provisions identified: 4 benefits, 1 costs, 0 mixed.
Estimated Net Economic Effects
OMB reviewed the proposal as a "significant regulatory action" and ATF reports annualized monetized benefits of $103.7 million. ATF also notes illustrative potential transaction fees from service providers estimated at $13.72 million per year, which are voluntary and may be covered, passed along, or absorbed by FFLs.
Allow Remote Sales That Need NICS
ATF proposes to allow Federal Firearms Licensees (FFLs) to complete non-over-the-counter (NOTC) firearm sales that require a NICS background check to unlicensed buyers who live in the same state, as long as the FFL can verify the buyer's identity remotely. This change removes the current regulatory limit that confined NOTC sales to NICS-exempt transfers.
Use NIST IAL2/AAL2 for Remote ID
ATF proposes that remote identity proofing and authentication for NOTC transfers subject to NICS checks must meet NIST digital identity standards at identity assurance level 2 (IAL2) and authentication assurance level 2 (AAL2). The rule says FFLs must ensure any credential service provider (CSP) they use meets those NIST SP 800-63-4 criteria.
Photo ID Copy Required With Form 4473
For NOTC transfers that require a NICS check, the proposed rule would require transferees to include a true copy of their photo identification document with Form 4473, and licensees must ensure the form and ID match before initiating NICS. The licensee must then follow the proposed remote verification procedures in Sec. 478.96(c).
Allow Electronic CLEO Notifications
The proposed rule incorporates electronic notices to the chief law enforcement officer (CLEO) as a method for the NOTC notification required by 18 U.S.C. 922(c)(2). FFLs could send the sworn statement and firearm description to the CLEO by electronic notification as described in statute and prior amendments.
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