During his confirmation hearing, career ATF agent Robert Cekada said “ATF’s mission is not to burden lawful gun owners or undermine the Second Amendment. The right to keep and bear arms is a constitutional guarantee, and I’m committed to protecting and preserving it.” That was a breath of regulatory fresh air, but it was also pretty much what you’d expect a nominee to say in front of a GOP-majority committee.
Today, Cekada was confirmed as ATF director with an unusually bipartisan 59-39 vote in the Senate. Just for the record, the six Democrats who voted to confirm him were John Fetterman, Maggie Hassan, Tim Kaine, Angus King, Amy Klobuchar, Jean Shaheen and Sheldon Whitehouse. Go figure.
That wasn’t the only newsworthy item today, though. Newly-confirmed Director Cekada joined Acting Attorney General Todd Blanche to announce a list of 34 proposed rules that are meant to comply with President Trump’s executive order intended to protect Second Amendment rights. And according to the DOJ’s press release announcing the moves, there’s more coming.
Consistent with ATF’s commitment in 2025 to rebuild trust with Federal Firearms and Explosives Licensees (FFLs/FELs) and industry stakeholders, this review included a consideration of industry and expert feedback and concerns. This landmark release is the first in a series of regulatory updates ATF plans to issue.
While the specific language of the rules hasn’t been released yet, DOJ issued this handy-dandy one-sheet dividing the proposed rules into five categories . . .
Some of the most noteworthy items include repealing onerous Biden-era rules such as the “engaged in the business” rule, the pistol brace rule and a revision of the machine gun definition in light of the Garland v. Cargill re: bump stocks.
Other highlights include . . .
- Revising form 4473, including allowing electronic forms and increasing the time NICS checks are valid
- Allowing FFLs to keep electronic records
- Replacing the indefinite retention mandate on 4473s with definite time periods of 20 or 30 years
- Allowing “non-over-the-counter” gun sales by FFLs to residents of the same state
- Repealing the interstate NFA transport notice requirement for trips under one year, with all others no longer requiring approval before travel
- Joint NFA registration for married couples
- Clarify that “common, reasonably necessary activities during travel” are covered by FOPA transportation protection, i.e. you can stop for lunch or to use the bathroom while traveling through anti-gun states without the risk of going to prison
- Allowing the import of dual-use frames, receivers, and barrels
- Clarifying that “training rounds” aren’t ammunition, i.e. Simunitions are civilian-legal again
You can read the full list here. We’ll have more when the full text of the 34 proposed rules are published.
These are, on the whole, big changes and very welcome steps that are very much in the right direction. No, there isn’t a repeal of the NFA. And no, the ATF isn’t going to be defunded or abolished any time soon. But we have to take and cheer the wins when and were we can get them. Today was a good day.