This rule allows FFLs to verify another FFL’s license using ATF’s free online FFL eZ Check system instead of requiring a physical certified copy.
Impact: Positive (reduces time, cost, and paperwork).
Applies to: FFLs / firearms industry only.
What this rule meansATF is updating its regulations to modernize how FFLs verify each other before transferring firearms. Instead of requiring a mailed or emailed certified copy of an FFL, licensees can now simply verify the other FFL using the ATF’s online eZ Check system.This reflects how the system has already been used in practice for years, but now makes it officially acceptable as a standalone method.
What the rule actually does
- License numberExpiration dateBusiness address
- Request, print, mail, or store certified copies for every transfer
- Verify another FFL instantly using their license number online
- Faster transactionsLess paperworkLower costs
- ~$615,000/year in industry savingsSignificant reduction in administrative time
Rule to be published:
DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms, and Explosives
27 CFR part 478
[Docket No. ATF-2026-0009; ATF No. 2025R-32D]
RIN 1140-AA61
Licensee “eZ Check” Verification for Transfers
AGENCY: Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice.
ACTION: Direct final rule.
SUMMARY: The Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) is
amending Department of Justice (“Department”) regulations to allow federal firearms
licensees (“FFLs”) that are transferring a firearm to another FFL to verify the transferee
FFL’s license through ATF’s publicly available “FFL eZ Check” system, as an alternative to
the current requirement to obtain a certified copy of the transferee’s license. Additionally,
because the eZ Check system is accessible, free to use, and updated regularly, this rule
removes the now-unnecessary provision that allows a transferor to rely on a certified list
provided by a multi-licensed organization for up to 45 days to make transfers to licensees
operated by such organization.
DATES: This direct final rule is effective on [INSERT DATE 90 DAYS AFTER DATE OF
PUBLICATION IN THE FEDERAL REGISTER], unless significant adverse comments are
received by [INSERT DATE 30 DAYS AFTER DATE OF PUBLICATION IN THE
FEDERAL REGISTER]. If ATF receives a significant adverse comment within the stated
time that warrant revising the rule (as described under the “Public Participation” heading in
the SUPPLEMENTARY INFORMATION section of this regulation at Part IV of this
preamble), ATF will publish a notice in the Federal Register withdrawing the rule before the
effective date. Commenters should be aware that the https://www.regulations.gov commentsystem will not accept comments after midnight Eastern Time on the last day of the comment
period.
ADDRESSES: You may submit comments, identified by RIN 1140-AA61, by either of the
following methods—
• Federal e-rulemaking portal: https://www.regulations.gov. Follow the instructions for
submitting comments.
• Mail: ATF Rulemaking Comments; Mail Stop 6N-518, Office of Regulatory Affairs;
Enforcement Programs and Services; Bureau of Alcohol, Tobacco, Firearms, and Explosives;
99 New York Ave, NE; Washington, DC 20226; ATTN: ATF RIN 1140-AA61.
Instructions: All submissions must include the agency name and number (RIN 1140-
AA61) for this direct final rule. ATF may post all properly completed comments it receives
from either of the methods described above, without change, to the federal e-rulemaking
portal, https://www.regulations.gov. This includes any personally identifying information
(“PII”) or business proprietary information (“PROPIN”) submitted in the body of the
comment or as part of a related attachment they want posted. Commenters who submit
through the federal e-rulemaking portal and do not want any of their PII posted on the
internet should omit it from the body of their comment and any uploaded attachments that
they want posted. If online commenters wish to submit PII with their comment, they should
place it in a separate attachment and mark it at the top with the marking “CUI//PRVCY.”
Commenters who submit through mail should likewise omit their PII or PROPIN from the
body of the comment and provide any such information on the cover sheet only, marking it at
the top as “CUI//PRVCY” for PII, or as “CUI//PROPIN” for PROPIN. For detailed
instructions on submitting comments and additional information on the rulemaking process,
see the “Public Participation” heading of the SUPPLEMENTARY INFORMATION section
of this document. A summary of this rule may be found at https://www.regulations.gov.
Commenters must submit comments by using one of the methods described above, not byemailing the address set forth in the following paragraph.
FOR FURTHER INFORMATION CONTACT: Office of Regulatory Affairs, by email at
ORA@atf.gov, by mail at Office of Regulatory Affairs; Enforcement Programs and Services;
Bureau of Alcohol, Tobacco, Firearms, and Explosives; 99 New York Ave, NE; Washington,
DC 20226, or by telephone at 202-648-7070 (this is not a toll-free number).
SUPPLEMENTARY INFORMATION:
I. Background
The Attorney General is responsible for enforcing the Gun Control Act of 1968
(“GCA”), as amended. This responsibility includes the authority to promulgate regulations
necessary to enforce the provisions of the GCA.1 See 18 U.S.C. 926(a). Congress and the
Attorney General have delegated the responsibility for administering and enforcing the GCA
to the Director of ATF (“Director”), subject to the direction of the Attorney General and the
Deputy Attorney General. See 28 U.S.C. 599A(b)(1), (c)(1); 28 CFR 0.130(a)(1)–(2); Treas.
Order No. 221(2)(a), (d), 37 FR 11696–97 (June 10, 1972).2 Accordingly, the Department
and ATF have promulgated regulations to implement the GCA in 27 CFR part 478.
The GCA at 18 U.S.C. 922(b)(3) makes it unlawful, with some exceptions, for a
licensed importer, manufacturer, dealer, or collector to sell or deliver a firearm to any person
who does not reside in (or, if the person is a corporation or other business entity, that does
not maintain a place of business in) the state in which the licensee’s business premises is
located. Further, licensees must conduct a background check and maintain records (e.g.,
acquisition and disposition records, Firearms Transaction Record, ATF Form 4473) before
1 Some GCA provisions still refer to the “Secretary of the Treasury.” However, the Homeland Security Act of
2002, Pub. L. 107–296, 116 Stat. 2135, transferred the functions of ATF from the Department of the Treasury to
the Department of Justice, under the general authority of the Attorney General. 26 U.S.C. 7801(a)(2); 28 U.S.C.
599A(c)(1). Thus, for ease of reference, this rule refers to the Attorney General where relevant.
2 In Attorney General Order Number 6353–2025, the Attorney General delegated authority to the Director to
issue regulations pertaining to matters within ATF’s jurisdiction, including under the GCA, National Firearms
Act, and Title XI of the Organized Crime Control Act. ATF’s jurisdiction also includes those portions of sec. 38
of the Arms Export Control Act pertaining to permanently importing defense articles and services and the
Contraband Cigarette Trafficking Act.transferring a firearm to a non-licensee. See 18 U.S.C. 922(t), 923(g); 27 CFR 478.102,
478.121–125.
Consequently, to sell a firearm to a non-licensee who resides in a different state, a
licensee must first ship the firearm to another licensee who has business premises located in
the same state as the non-licensee. To facilitate lawful transfers via shipments between
firearms licensees, the Department promulgated regulations at 27 CFR 478.94, which provide
that a licensed importer, manufacturer, or dealer selling or disposing of firearms, and a
licensed collector selling or disposing of curios or relics, to another licensee must, with
certain exceptions, verify the identity and licensed status of the transferee prior to the
transaction. Further, the regulations provide that such verification must be established by the
transferee furnishing a certified copy of its federal firearms license to the transferor. Under §
478.95, a licensee may reproduce its original license and certify the reproduction to verify its
licensed status for transfers under § 478.94, or the licensee may request a certified copy of its
license from ATF for a nominal fee.
II. Direct Final Rule
In 2002, ATF launched the FFL eZ Check system, which was designed to allow an
FFL that has a copy of another FFL’s license to verify or authenticate the license prior to
shipping or transferring a firearm(s) to that FFL.3 The regulations at § 478.94 still require the
licensee to first obtain a certified copy of the transferee’s license and do not permit the
licensee to use the eZ Check system as a substitute for obtaining that copy. There is no cost
for FFLs to use this system.
Even though the system was originally designed as a means to verify that a license
copy was valid, it can also be used to verify that a licensee has a current and valid license
without needing to compare the system information to a copy. Because this system has been
3 ATF, FFL eZ Check Application (last reviewed Sep. 8, 2025), https://www.atf.gov/firearms/ffl-ez-check-
application [https://perma.cc/6HKK-Z4BT].widely available, and because a high number of FFLs use modern technologies to conduct
their business, ATF is amending § 478.94 to allow transferor licensees to verify that a
transferee FFL has a current and valid license through the FFL eZ Check system without first
obtaining a certified copy of the license. The transferor FFL would need only the transferee’s
FFL number to confirm that the transferee’s license is active. Under this rule, the license
number, expiration date, and address verified through FFL eZ Check must match the
information the transferee provides at the time of the transaction. ATF is not removing the
option to verify a transferee’s license by obtaining a certified copy, so licensees can elect
either method to comply with the regulation’s verification requirements.
The eZ Check alternative method modernizes the license verification process, reduces
the need to share paper copies of licenses between FFLs, and streamlines compliance without
diminishing regulatory integrity. It also reduces costs to licensees because the eZ Check
system is publicly available and free.
Since FFLs can easily use the eZ Check system, this rule also removes from § 478.94
the provision that permits a transferor to rely on a certified list (in lieu of a certified copy of
each license) from a multi-licensed business organization to sell or dispose of a firearm to
licensees on such list because it is unnecessary.
In addition to these changes, this rule makes minor structural changes in § 478.94 to
improve readability by splitting the regulation into paragraphs. Thus, under this rule,
paragraph (a) explains the regulatory requirements, paragraph (b) describes how to verify
licenses, and paragraph (c) discusses when verification is not required.
III. Statutory and Executive Order Review
A. Administrative Procedure Act
Under 5 U.S.C. 553(b)(B) of the Administrative Procedure Act (“APA”), an agency
may forgo notice and comment when the agency for good cause finds such procedures
impracticable, unnecessary, or contrary to the public interest. Agencies may dispense withthe APA’s notice-and-comment requirements as unnecessary in situations in which the rule is
a routine determination, insignificant in nature and impact, and inconsequential to the
industry and to the public. Util. Solid Waste Activities Grp. v. E.P.A., 236 F.3d 749, 755
(D.C. Cir. 2001). This formulation is consistent with the explanation of the “unnecessary”
prong of the good cause exemption that the Attorney General issued contemporaneously to
the APA. See Dep’t of Justice, Attorney General’s Manual on the Administrative Procedure
Act 31 (1947) (explaining that “unnecessary” refers to a “minor rule or amendment in which
the public is not particularly interested”).
This rule allows FFLs to use the FFL eZ Check system, which is free, to verify the
validity of another licensee’s license prior to transferring a firearm, in lieu of needing to
request from the transferee licensee a certified copy of the transferee’s license. These
changes are beneficial to both the industry and ATF. ATF does not anticipate controversy or
significant comments on making these changes to allow electronic verification as an option
because this online system has been available since 2002 and is familiar to the industry, and
because it is not required; licensees may still request certified copies if they prefer. This rule
merely updates ATF’s regulations to make existing technological options available to the
industry, thereby providing more flexibility for regulated parties. However, ATF is
nonetheless providing a full opportunity for notice and comment. Prior to the effective date
of this rule, ATF will consider any significant adverse comments we receive and will
withdraw the rule, if necessary, to address them. Thus, ATF finds, for good cause, that it is
unnecessary to first publish a notice of proposed rulemaking for this rule.
In Recommendation 95-4, the Administrative Conference of the United States
(“ACUS”) endorsed direct final rulemaking as an appropriate procedure to expedite
promulgation of rules that are not controversial and that are not expected to generate
significant adverse comment.4 The direct-final-rule process allows an agency to issue a rule
4 Adoption of Recommendations, 60 FR 43108, 43110 (Aug. 18, 1995).that it believes to be noncontroversial “without having to go through the review process twice
. . . while at the same time offering the public the opportunity to challenge the agency’s view
that the rule is noncontroversial.”5 ACUS recommended that agencies use the direct final rule
process when they act under the “unnecessary” prong of the good cause exemption in 5
U.S.C. 553(b)(B). Consistent with this recommendation, ATF is updating 27 CFR 478.94
through a direct final rule because this rule makes noncontroversial changes, and ATF does
not expect to receive any significant adverse comments.
Unless we receive a significant adverse comment that warrants revising the rule by
[INSERT DATE THAT IS 30 DAYS AFTER PUBLICATION IN FEDERAL REGISTER],
this rule will become effective on [INSERT DATE THAT IS 90 DAYS AFTER
PUBLICATION IN FEDERAL REGISTER]. If any timely significant adverse comments are
received, ATF will publish a notice in the Federal Register withdrawing this direct final rule
before its effective date. See section IV.A of this preamble on “Comments sought” for a
description of what is considered a significant adverse comment.
B. Executive Orders 12866 and 13563
Executive Order 12866 (Regulatory Planning and Review) directs agencies to assess
the costs and benefits of available regulatory alternatives and, if regulation is necessary, to
select regulatory approaches that maximize net benefits.
Executive Order 13563 (Improving Regulation and Regulatory Review) emphasizes
the importance of agencies quantifying both costs and benefits, reducing costs, harmonizing
rules, and promoting public flexibility.
The Office of Management and Budget (“OMB”) has determined that this rule is not
a “significant regulatory action” under Executive Order 12866. Therefore, it did not review
this rule. ATF provides the following analysis to comply with Executive Order 12866 and
13563.
5 60 FR 43110–11.This final rule amends 27 CFR 478.94 to allow FFLs to use ATF’s eZ Check system
to verify another licensee’s information prior to transferring a firearm, as an alternative to
obtaining a certified copy of the transferee’s license. This rulemaking provides qualitative
benefits to the industry by providing more flexibility with respect to statutory and regulatory
compliance. ATF also expects this rule to produce monetary savings for industry because
FFLs will no longer need to expend time of funds to obtain certified copies of their licenses
when dealing with each other since using FFL eZ Check is faster and more efficient.
According to ATF’s Federal Firearms Licensing Center, as of December 23, 2025, there were
45,605 active dealer FFLs (Type 01). However, ATF has no data on how many of these
licensees engage in transfers with other licensees that will be impacted by this rule, nor any
data on the number of such transfers in which each licensee might engage. Licensees do not
report this information to ATF. For purposes of this analysis, therefore, ATF uses an
illustrative assumption that 50 percent of these dealers currently engage in a single firearm
transfer that will be affected by this rule each year. Assuming these FFLs use the eZ Check
system instead of continuing to rely on certified copies, each FFL will save approximately $1
on paper and postage that would have been spent to obtain and send a certified copy of a
license. This change in FFL practice would result in an estimated 22,803 FFLs realizing a
cost savings of at least $1 per year, which results in an estimated $22,803 in cost savings per
year.
Next, ATF estimates that copying licenses, mailing them to licensees’ counterparts,
and certifying the copies takes approximately one hour per transaction. By eliminating the
time spent on these tasks, this rule reduces compliance burdens by an estimated 22,803 hours
in time burden as well. ATF estimates that an FFL retail salesperson handles these tasks and
is paid an hourly wage rate of $17.64 per hour.6 To account for fringe benefits such as
6 U.S. Bureau of Lab. Stats., Occupational Employment and Wages, May 2023: 41-2031 Retail Salespersons,
https://www.bls.gov/oes/2023/may/oes412031.htm [https://perma.cc/Z38C-9YEE].insurance, ATF calculated a load rate based on total hourly compensation (average $45.03
for 2024)7 and divided the average total compensation by the average hourly wages and
salaries (average $31.10 for 2024),8 resulting in a load rate of 1.45.9 Multiplying the
estimated hourly wage rate for an FFL ($17.64) by the load rate of 1.45, ATF estimates that
an FFL will save a rounded $26 in loaded monetized time per hour.
In total, if 22,803 FFLs complete a single transfer per year, as estimated above, and
each saves an hour per transfer, FFLs may be able to save $592,878 in total monetized time
savings per year under this illustrative example. When added to the saved postage and paper
costs of $22,803, ATF estimates the industry will save a total of $615,681 per year under this
final rule under this illustrative example. This rule will not create any costs or additional time
burdens.
C. Executive Order 14192
Executive Order 14192 (Unleashing Prosperity Through Deregulation) requires an
agency, unless prohibited by law, to identify at least ten existing regulations to be repealed or
revised when the agency publicly proposes for notice and comment or otherwise promulgates
a new regulation that qualifies as an Executive Order 14192 regulatory action (defined in
OMB Memorandum M-25-20 as a final significant regulatory action as defined in section
3(f) of Executive Order 12866 that imposes total costs greater than zero). In furtherance of
this requirement, section 3(c) of Executive Order 14192 requires that any new incremental
costs associated with such new regulations must, to the extent permitted by law, also be
offset by eliminating existing costs associated with at least ten prior regulations. However,
this final rule is not an Executive Order 14192 regulatory action because it is not a significant
regulatory action as defined by Executive Order 12866 and it does not impose total costs
7 U.S. Bureau of Lab. Stats., Total compensation cost per hour worked for private industry workers (2024),
https://data.bls.gov/dataViewer/view/timeseries/CMU2010000000000D [https://perma.cc/T2ZL-2UUB].
8 Id.
9 1.45 load rate = $45.03 total hourly compensation / $31.10 hourly wages and salaries.greater than zero. This rule is an Executive Order 14192 deregulatory action (defined OMB
Memorandum M-25-20 as a final action that imposes total costs less than zero) because it
provides the industry with more flexibility and cost savings by allowing members of the
industry an alternative method to comply with statutory and regulatory requirements; as a
result, they will no longer need to take time to request from ATF a copy of another licensee’s
license or make a certified copy of their own license for verification purposes.
D. Executive Order 14294
Executive Order 14294 (Fighting Overcriminalization in Federal Regulations)
requires agencies promulgating regulations with criminal regulatory offenses potentially
subject to criminal enforcement to explicitly describe the conduct subject to criminal
enforcement, the authorizing statutes, and the mens rea standard applicable to each element
of those offenses. This rule does not create a criminal regulatory offense and is thus exempt
from Executive Order 14294 requirements.
E. Executive Order 13132
This rule will not have substantial direct effects on the states, the relationship between
the federal government and the states, or the distribution of power and responsibilities among
the various levels of government. Therefore, in accordance with section 6 of Executive Order
13132 (Federalism), the Director has determined that this rule does not impose substantial
direct compliance costs on state and local governments, preempt state law, or meaningfully
implicate federalism. It thus does not warrant preparing a federalism summary impact
statement.
F. Executive Order 12988
This rule meets the applicable standards set forth in sections 3(a) and 3(b)(2) of
Executive Order 12988 (Civil Justice Reform).
G. Regulatory Flexibility Act
Regulatory Under the Flexibility Act (“RFA”), 5 U.S.C. 601–612, agencies arerequired to conduct a regulatory flexibility analysis of any rule subject to notice-and-
comment rulemaking requirements unless the agency head certifies, including a statement of
the factual basis, that the proposed rule will not have a significant economic impact on a
substantial number of small entities. Small entities include certain small businesses, small
not-for-profit organizations that are independently owned and operated and are not dominant
in their fields, and governmental with of less than 50,000.
jurisdictions populations This rule is deregulatory and imposes no additional costs to the public because it
provides FFLs a free, alternative method of verifying another FFLs license thus saving them
time from having to request a certified copy from ATF; therefore, the Director certifies, after
consideration, that this rule will not have a significant economic impact on a substantial
number of small entities.
H. Unfunded Mandates Reform Act of 1995
This final rule does not include a federal mandate that might result in the expenditure
by state, local, and tribal governments, in the aggregate, or by the private sector, of $100
million or more in any one year, and it will not significantly or uniquely affect small
governments. Therefore, ATF has determined that no actions are necessary under the
provisions of the Unfunded Mandates Reform Act of 1995.
I. Paperwork Reduction Act of 1995
Under the Paperwork Reduction Act of 1995 (“PRA”), 44 U.S.C. 3501–3521,
agencies are required to submit to OMB, for review and approval, any information collection
requirements created by a rule or any impacts it has on existing information collections. An
information collection includes any reporting, record-keeping, monitoring, posting, labeling,
or other similar actions an agency requires of the public. See 5 CFR 1320.3(c). This final rule
does not create any new information collection requirements or impact any existing ones
covered by the PRA.
J. Congressional Review ActThis rule is not a major rule as defined by the Congressional Review Act, 5 U.S.C.
804.
IV. Public Participation
A. Comments sought
ATF requests comments on this direct final rule from all interested persons. Pertinent
to this direct final rule, a significant adverse comment is a comment where the commenter
explains why the rule would be inappropriate, including by identifying challenges to the
rule’s underlying premise or approach, or would be ineffective or unacceptable without a
change. A comment is significant in the following circumstances:
(1) The comment opposes ATF’s assessment regarding the non-controversial nature
of the rule and provides a reason sufficient to require a substantive response in a notice-and-
comment process. For example, a substantive response may be required when:
(a) The comment causes ATF to reconsider its position or conduct additional analysis;
(b) The comment raises an issue serious enough to warrant a substantive response to
clarify or complete the record; or
(c) The comment raises a relevant issue that was not previously addressed or
considered by ATF.
(2) The comment proposes a salient change or an addition to the rule, and it is
apparent that the rule would be ineffective or unacceptable without incorporation of the
change or addition; or
(3) The comment causes ATF to make a change (other than editorial or administrative
changes) to the rule.
All comments must reference this document’s RIN 1140-AA61 and, if handwritten,
must be legible. If submitting by mail, you must also include your complete first and last
name and contact information. If submitting a comment through the federal e-rulemaking
portal, as described in section IV.C of this preamble, you should carefully review and followthe website’s instructions on submitting comments. Whether you submit comments online or
by mail, ATF will post them online. If submitting online as an individual, any information
you provide in the online fields for city, state, zip code, and phone will not be publicly
viewable when ATF publishes the comment on https://www.regulations.gov. However, if you
include such personally identifying information (“PII”) in the body of your online comment,
it may be posted and viewable online. Similarly, if you submit a written comment with PII in
the body of the comment, it may be posted and viewable online. Therefore, all commenters
should review section IV.B of this preamble, “Confidentiality,” regarding how to submit PII
if you do not want it published online. ATF may not consider, or respond to, comments that
do not meet these requirements or comments containing excessive profanity. ATF will retain
comments containing excessive profanity as part of this rulemaking’s administrative record
but will not publish such documents on https://www.regulations.gov. ATF will treat all
comments as originals and will not acknowledge receipt of comments. In addition, if ATF
cannot read your comment due to handwriting or technical difficulties and cannot contact
you for clarification, ATF may not be able to consider your comment.
ATF will carefully consider all comments, as appropriate, received on or before the
closing date.
B. Confidentiality
ATF will make all comments meeting the requirements of this section, whether
submitted electronically or on paper, and except as provided below, available for public
viewing on the internet through the federal e-rulemaking portal, and subject to the Freedom
of Information Act (5 U.S.C. 552). Commenters who submit by mail and who do not want
their name or other PII posted on the internet should submit their comments with a separate
cover sheet containing their PII. The separate cover sheet should be marked with
“CUI/PRVCY” at the top to identify it as protected PII under the Privacy Act. Both the cover
sheet and comment must reference this RIN 1140-AA61. For comments submitted by mail,information contained on the cover sheet will not appear when posted on the internet, but any
PII that appears within the body of a comment will not be redacted by ATF, and it may
appear on the internet. Similarly, commenters who submit through the federal e-rulemaking
portal and who do not want any of their PII posted on the internet should omit such PII from
the body of their comment and any uploaded attachments. However, PII entered into the
online fields designated for name, email, and other contact information will not be posted or
viewable online.
A commenter may submit to ATF information identified as proprietary or
confidential business information by mail. To request that ATF handle this information as
controlled unclassified information (“CUI”), the commenter must place any portion of a
comment that is proprietary or confidential business information under law or regulation on
pages separate from the balance of the comment, with each page prominently marked
“CUI//PROPIN” at the top of the page.
ATF will not make proprietary or confidential business information submitted in
compliance with these instructions available when disclosing the comments that it receives
but will disclose that the commenter provided proprietary or confidential business
information that ATF is holding in a separate file to which the public does not have access. If
ATF receives a request to examine or copy this information, it will treat it as any other
request under the Freedom of Information Act (5 U.S.C. 552). In addition, ATF will disclose
such proprietary or confidential business information to the extent required by other legal
process.
C. Submitting comments
Submit comments using either of the two methods described below (but do not
submit the same comment multiple times or by more than one method). Hand-delivered
comments will not be accepted.
• Federal e-rulemaking portal: ATF recommends that you submit your comments toATF via the federal e-rulemaking portal at https://www.regulations.gov and follow the
instructions. Comments will be posted within a few days of being submitted. However, if
large volumes of comments are being processed simultaneously, your comment may not be
viewable for up to several weeks. Please keep the comment tracking number that is provided
after you have successfully uploaded your comment.
• Mail: Send written comments to the address listed in the ADDRESSES section of this
document. Written comments must appear in minimum 12-point font size, include the
commenter’s first and last name and full mailing address, and may be of any length. See also
section IV.B of this preamble, “Confidentiality.”
D. Request for hearing
Any interested person who desires an opportunity to comment orally at a public
hearing should submit his or her request, in writing, to the Director, within the 30-day
comment period. The Director, however, reserves the right to determine, in light of all
circumstances, whether a public hearing is necessary.
Disclosure
Copies of this rule and the comments received in response to it are available through
the federal e-rulemaking portal at https://www.regulations.gov (search for RIN 1140-AA61).
Severability
ATF has determined that this rule implements and is fully consistent with governing
law. However, in the event any provision of this rule, an amendment or revision made by this
rule, or the application of such provision or amendment or revision to any person or
circumstance, is held to be invalid or unenforceable by its terms, the remainder of this rule,
the amendments or revisions made by this rule, and application of the provisions of the rule
to any person or circumstance shall not be affected and shall be construed so as to give them
the maximum effect permitted by law.
List of subjects in 27 CFR part 478Administrative practice and procedure, Arms and munitions, Exports, Freight,
Imports, Intergovernmental relations, Law enforcement officers, Military personnel,
Penalties, Reporting and record-keeping requirements, Research, Seizures and forfeitures,
Transportation.
For the reasons discussed in the preamble, ATF amends 27 CFR part 478 as follows:
PART 478 – COMMERCE IN FIREARMS AND AMMUNITION
1. The authority citation for 27 CFR part 478 continues to read as follows:
Authority: 5 U.S.C. 552(a); 18 U.S.C. 847, 921-931; 44 U.S.C. 3504(h).
2. Revise § 478.94 to read as follows:
§ 478.94 Sales or deliveries between licensees.
(a) A licensed importer, manufacturer, or dealer selling or otherwise disposing of
firearms, and a licensed collector selling or otherwise disposing of curios or relics, to another
licensee must verify the identity and licensed status of the transferee prior to making the
transfer, unless one of the exceptions under paragraph (c) of this section applies.
(b) Licensees must verify the transferee’s license under paragraph (a) of this section
by:
(1) The transferee furnishing to the transferor a certified copy of the transferee’s
license: or
(2) The transferor verifying the transferee’s license through ATF’s online Federal
Firearms Licensee eZ Check system by ensuring that the transferee’s license number,
expiration date, and business premises address in the eZ Check system match the information
the transferee provides to the transferor at the time they arrange the transfer.
(c) Circumstances in which verification is not required:
(1) Once a transferee has complied with the verification required under paragraph (b)
of this section, the transferor does not need to re-verify that transferee’s license for
subsequent transfers with that transferee during the remaining term of the transferee’s currentlicense.
(2) If a licensee is returning a firearm, either directly or through another licensee, to
the licensee from which the licensee acquired the firearm, the returning licensee is not
required to furnish a certified copy of its license, nor is the transferor required to verify the
license through the eZ Check system, with respect to the returned firearm.
(3) Licensees that are part of a multi-licensed business organization are not required
to verify each others’ licenses when transferring firearms between such licensees operated by
such organization.
Robert Cekada,
Director.