Conforming Change for Approving a Making Application
Key claim: ATF is amending its regulations to formally require a NICS background check as part of the NFA firearm making application approval process, codifying an already-existing practice to align regulations with statutory requirements.
Abstract
(Rule · Justice Department, Alcohol, Tobacco, Firearms, and Explosives Bureau) The Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) is amending Department of Justice (“Department”) regulations to require that a National Instant Criminal Background Check System background check be performed as part of the approval process to make a National Firearms Act (“NFA”) firearm. ATF already conducts such background checks as part of its processing and this amendment to the regulation simply ensures that the regulations addressing NFA processes are consistent with the statutory requirements.
Why this matters
The rule codifies an existing NICS background-check step for individuals seeking to make an NFA firearm, closing a gap between ATF’s operational practice and its formal regulations. For affected applicants, the practical effect is minimal since checks are already conducted, but the formalization increases regulatory clarity and reduces litigation risk over the procedural basis for denials on making applications.