The Bureau of Alcohol, Tobacco, Firearms and Explosives published a proposed rule in the Federal Register on May 8 that would allow licensed dealers to complete in-state firearm sales entirely by remote means — no in-store visit required — for buyers who pass a standard NICS background check.

The proposal, titled "Revising Non-Over-the-Counter Firearms Transaction Requirements" and carrying docket number ATF-2026-0266, is part of the 34-rule reform package announced last month under ATF Director Michael Cekada. Under current ATF regulations, non-over-the-counter transfers — in which the buyer does not appear at the dealer's physical location — are permitted only for transactions that are exempt from background-check requirements, such as sales directly to law enforcement. The proposed rule would remove that restriction, extending NOTC transfers to any lawful buyer willing to complete a remote identity check and NICS verification.

The identity verification process the agency envisions is layered. The buyer would submit a government-issued photo ID and a completed ATF Form 4473 electronically to the dealer, then participate in a live video conference so the dealer can visually confirm the buyer matches the ID. On top of that, buyers would complete a remote identity proofing session through a third-party credential service provider meeting NIST SP 800-63-4 standards — the federal framework for digital identity assurance, requiring strong validation of physical credentials combined with biometric or binding confirmation. The standard NICS background check, any applicable state waiting period, and written notice to the chief law enforcement officer all remain in effect.

AmmoLand first reported the practical consequence for buyers: if finalized, a dealer and customer in the same state could handle the entire transaction online, with the firearm shipped directly to the buyer's door. That would represent a meaningful departure from the current model, under which online gun purchases — even from a dealer in the buyer's own state — have typically required a trip to the store for the Form 4473 and background check. The rule would not change the interstate transfer requirement; those sales still require delivery through a local FFL regardless of where the selling dealer is located.

Bearing Arms noted this rule is part of the second batch of ATF rulemakings to hit the Federal Register, which also includes proposals on electronic record-keeping for FFLs and updated NFA transportation rules. Together they represent the "Modernize" portion of the ATF's reform agenda, distinct from the first batch of Biden-era rescissions published May 6.

For dealers, the rule resolves a gap that has frustrated licensees wanting to offer true internet-based sales to in-state customers. The most significant question during the comment period will likely be whether the NIST credential standards are compatible with software and workflows available to smaller dealers without dedicated digital compliance infrastructure. Industry groups are expected to ask ATF to publish a pre-approved vendor list for credential service providers, so that dealers do not need to independently evaluate each platform against NIST SP 800-63-4 requirements.

The comment period closes August 6, 2026.