ATF Adds Background Check Step for Special Gun Makers
Published Date: 5/6/2026
Rule
Summary
Starting May 6, 2026, anyone applying to make a special NFA firearm must have a background check done through the National Instant Criminal Background Check System. This update just makes sure the rules match the law and won’t add extra costs or delays. Gun makers and applicants will see clearer, smoother approval steps thanks to this change.
Analyzed Economic Effects
3 provisions identified: 1 benefits, 1 costs, 1 mixed.
NICS Check Required for Form 1
Starting May 6, 2026, ATF must contact the National Instant Criminal Background Check System (NICS) as part of processing Form 5320.1 (Form 1) applications to make a National Firearms Act (NFA) firearm. The rule codifies that ATF will run a background check to determine whether approving the application would place the applicant in violation of law.
Wait for NFA Stamp Before Making
The rule reiterates that a person who files Form 1 may not make the described NFA firearm under any circumstances until the Director approves the application and returns the original with the National Firearms Act stamp affixed. This requirement is part of the revised text of 27 CFR 479.64(c).
Return of Fee and Reason If Denied
If the Director disapproves a Form 1 application, ATF will return the original Form 1 and the remittance to the applicant and will include the reason for disapproval, as set out in revised 27 CFR 479.64(d).
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