Fingerprint and Photograph Requirements for Firearms Applications

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Federal Register › Vol. 91 › 91 FR 40924

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DEPARTMENT OF JUSTICE Bureau of Alcohol, Tobacco, Firearms, and Explosives 27 CFR Parts 478 and 479 [Docket No. ATF-2026-0397; ATF 2025R-14P] RIN 1140-AA63 Fingerprint and Photograph Requirements for Firearms Applications AGENCY:

Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice.

ACTION:

Notice of proposed rulemaking.

SUMMARY:

The Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) proposes amending regulatory requirements to submit fingerprints and photographs with firearms applications. Currently, applicants must submit 2″ × 2″ passport-style photographs and either one or two fingerprint cards, depending on the application type. ATF proposes that all applicants, whether individuals or responsible persons (“RPs”) for entity applicants, could instead submit a copy of a photo ID, and that individuals and Gun Control Act RPs would submit just one fingerprint card. RPs under the National Firearms Act would submit one fingerprint card only if needed to facilitate a background check.

DATES:

Comments must be submitted in writing, and must be submitted on or before (or, if mailed, must be postmarked on or before) October 5, 2026. Commenters should be aware that the federal e-rulemaking portal comment system 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-AA63, 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-AA63.

Instructions: All submissions must include the agency name and number (RIN 1140-AA63) for this notice of proposed rulemaking (“NPRM” or “proposed rule”)

ents.

Instructions: All submissions must include the agency name and number (RIN 1140-AA63) for this notice of proposed rulemaking (“NPRM” or “proposed 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. In accordance with 5 U.S.C. 553(b)(4), 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 by emailing the address set forth in the following paragraph

and additional information on the rulemaking process, see the “Public Participation” heading of the SUPPLEMENTARY INFORMATION section of this document. In accordance with 5 U.S.C. 553(b)(4), 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 by emailing 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 (“GCA”), as amended, and the National Firearms Act (“NFA”), as amended. 1 This includes the authority to promulgate regulations necessary to enforce the provisions of the GCA and NFA. See 18 U.S.C. 926(a); 26 U.S.C. 7805(a). Congress and the Attorney General have delegated the responsibility for administering and enforcing the GCA and NFA 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

1 Some NFA provisions still refer to the “Secretary of the Treasury.” However, the Homeland Security Act of 2002, Public Law 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 proposed rule refers to the Attorney General where relevant

e “Secretary of the Treasury.” However, the Homeland Security Act of 2002, Public Law 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 proposed 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 NFA, GCA, and Title XI of the Organized Crime Control Act. ATF's jurisdiction also includes the Arms Export Control Act and the Contraband Cigarette Trafficking Act.

The NFA applies to machine guns; shotguns having a barrel or barrels of less than 18 inches in length; rifles having a barrel or barrels of less than 16 inches in length; weapons made from a rifle or shotgun with an overall length of less than 26 inches or with a barrel or barrels of less than 16 or 18 inches in length, respectively; silencers; destructive devices; and any other weapon as defined by the Act. 26 U.S.C. 5845(a). The GCA applies to firearms and destructive devices more broadly, in addition to specific subcategories of those weapons. See 18 U.S.C. 921(a)(3)-(8).

Pursuant to the GCA at 18 U.S.C. 923(a), no person 3 may import, manufacture, or deal in firearms or ammunition without a license to do so from the Attorney General. The license application must include information the Attorney General prescribes by regulation, and by statute must include the applicant's photograph and fingerprints. Id. ATF implemented these requirements in regulations at 27 CFR 478.44(a). 4 Paragraph (a)(1) requires persons to submit ATF Form 5310.12, Application for Federal Firearms License (“Form 7”) to apply for GCA licenses, and paragraph (a)(1)(ii) contains the fingerprint and photograph requirement for all GCA applicants

gulation, and by statute must include the applicant's photograph and fingerprints. Id. ATF implemented these requirements in regulations at 27 CFR 478.44(a). 4 Paragraph (a)(1) requires persons to submit ATF Form 5310.12, Application for Federal Firearms License (“Form 7”) to apply for GCA licenses, and paragraph (a)(1)(ii) contains the fingerprint and photograph requirement for all GCA applicants.

3 “Person” as defined in ATF regulations at §§ 478.11 and 479.11 includes individuals and entities.

4 27 CFR 478.44 also includes paragraph (b), which covers persons applying for a license as a collector of curios or relics. These licensees do not deal firearms in commerce, and they thus do not have to provide photographs and fingerprints for background check purposes. However, they use the same Form 7 as other applicants (referred to in the existing regulatory text as Form 7CR because the two forms were once separate and had different names). Form 7 therefore includes instructions specifying that these applicants do not need to submit photos and prints with their applications if they are applying solely for this type of license. ATF is including a minor technical edit in this proposed rule to update the form references in § 478.44(b) from Form 7CR to Form 7 to reduce confusion by eliminating the outdated form number.

Because entities do not have personal photographs or fingerprints to submit, it is not immediately obvious that they are facially covered by the 18 U.S.C. 923(a) requirements. However, section 923(d)(1)(B) further states that a GCA application will be approved only if, among other requirements, the applicant “(including, in the case of [an entity], any individual possessing, directly or indirectly, the power to direct or cause the direction of the management and policies of the [entity])” is not prohibited from possessing a firearm under sections 922(g) and (n). ATF refers to the directing individuals referenced in section 923(d)(1)(B) as “responsible persons” (“RPs”). 27 CFR 478.11

nts, the applicant “(including, in the case of [an entity], any individual possessing, directly or indirectly, the power to direct or cause the direction of the management and policies of the [entity])” is not prohibited from possessing a firearm under sections 922(g) and (n). ATF refers to the directing individuals referenced in section 923(d)(1)(B) as “responsible persons” (“RPs”). 27 CFR 478.11. 5 Because of this statutory provision, ATF must collect identifying information on RPs for all firearms licensees, including entities, that is sufficient to determine that they are not prohibited persons.

5 Individuals who apply for federal firearms licenses under the GCA do so because they seek to engage in the business of dealing, manufacturing, or importing firearms. As a result, these individuals are essentially entities, though structured as sole proprietorships. Because each individual applicant for a firearms license is also the individual possessing the power to direct management and policies for their own operation, individual applicants are also responsible persons. As a result, Form 7, part B is titled “Responsible Person Questionnaire,” though both individual applicants and other responsible persons complete this part. When an entity has more than one RP, the entity attaches additional parts B and submits them with Form 7. ATF therefore does not distinguish between GCA individual applicants and entity applicants or between GCA individuals and RPs for purposes of this rule.

As a result, ATF's licensing regulations require all GCA applicants to submit certain identifying information used for that purpose, including fingerprints and photographs. More specifically, the regulations require applicants to complete Form 7 in accordance with the instructions on the Form. 27 CFR 478.44(a)(1). Form 7 requires that each applicant complete part B, whether they are an individual applicant/RP or an RP for a more complex entity

ubmit a 2″ × 2″ photograph and fingerprints when applying using Forms 1, 4, or 5; but NFA regulations require two properly completed fingerprint cards, whereas Form 7 for GCA license applicants requires just one. See §§ 479.63(a), 479.85(a), and 479.90(b).

If a maker or transferee applicant is an entity, however, as discussed above, they do not have personal photographs or fingerprints to submit. So, similarly to the Form 7, part B, requirements for GCA license applicants, the NFA regulations require that each of the entity's RPs submit all the required individual information on ATF Form 5320.23, National Firearms Act (NFA) Responsible Person Questionnaire (“Form 23”). 7 See §§ 479.63(b) and 479.85(b); see also 27 CFR 479.11 (defining “responsible person” along

7 However, whereas GCA individual applicants still complete the Form 7, part B, responsible person questionnaire, NFA individual applicants do not complete the Form 23 responsible person questionnaire. Instead, they simply include their personal information in Form 1, 4, or 5.

Pursuant to 26 U.S.C. 5801 and 5802, importers, manufacturers, and dealers in NFA firearms must pay a special occupational tax (“SOT”) and register with the Attorney General. The registration provision, section 5802, requires that individuals include with their SOT registration a photograph and fingerprints. The regulations implementing this process are 27 CFR 479.31 and 479.34. Similarly to the previously discussed applications, ATF has prescribed that persons submit ATF Form 5630.7, the title of which is being revised to NFA Special Occupational Tax (SOT) Registration/Return (“Form 5630.7”), for this purpose. In addition, § 479.34(e) requires the taxpayer, if an individual, to submit a 2″ × 2″ photograph and one properly completed fingerprint card with their initial Form 5630.7, unless they have filed a properly executed GCA license application (which includes fingerprints and a photograph) as specified in § 478.44(a)

Special Occupational Tax (SOT) Registration/Return (“Form 5630.7”), for this purpose. In addition, § 479.34(e) requires the taxpayer, if an individual, to submit a 2″ × 2″ photograph and one properly completed fingerprint card with their initial Form 5630.7, unless they have filed a properly executed GCA license application (which includes fingerprints and a photograph) as specified in § 478.44(a). As a result, only individuals registering to import, manufacture, or deal in NFA firearms as a business, and who are not already licensed under the GCA, must submit a photograph and fingerprints with Form 5630.7.

In 2016, ATF published a final rule, “Machineguns, Destructive Devices, and Certain Other Firearms: Background Checks for Responsible Persons of a Trust or Legal Entity with Respect to Making or Transferring a Firearm,” which, in relevant part, required background checks on NFA RPs and enacted the fingerprint requirements under §§ 479.63(b) and 479.85(b). 81 FR 2658 (Jan. 15, 2016). Commenters at that time questioned whether there was sufficient statutory authority for ATF to require fingerprints and photographs for such RPs because the NFA requires that only individual applicants must submit fingerprints and photographs. Id. at 2683. At the time, ATF disagreed with these commenters. The NFA provides broad authority for the Attorney General to require identifying information from any applicant to make or transfer an NFA firearm. See 26 U.S.C. 5812 and 5822. (Similarly, 18 U.S.C. 923 provides broad authority for the Attorney General to require identifying information from any license applicant under the GCA.) The final rule on the NFA making and transfer applications explained that requiring fingerprint cards and photographs was necessary to verify the identity of RPs associated with trusts and other legal entities. 81 FR at 2683.

5812 and 5822. (Similarly, 18 U.S.C. 923 provides broad authority for the Attorney General to require identifying information from any license applicant under the GCA.) The final rule on the NFA making and transfer applications explained that requiring fingerprint cards and photographs was necessary to verify the identity of RPs associated with trusts and other legal entities. 81 FR at 2683.

II. Proposed Rule

Nine years after the 2016 final rule, ATF recognizes that, even if it has the statutory authority to require fingerprints and photographs from both NFA and GCA RPs and individual applicants, the current regulations on those topics largely no longer serve a useful purpose. In almost all cases, fingerprint cards are of little utility to the Federal Bureau of Investigation (“FBI”) when it conducts National Instant Criminal Background Check System (“NICS”) background checks on applicants to make, transfer, and register NFA firearms or to become GCA licensees. According to ATF and FBI subject matter experts, fingerprint cards have only been helpful (and used) for NICS purposes in processing fewer than 1 percent of these applications. Similarly, 2″ × 2″ passport-style photographs serve little specific utility as a means of verifying an NFA or GCA applicant's identity. A copy of the applicant's photo identification would better serve this verification purpose, and providing a photo identification copy is easier than obtaining a 2″ × 2″ photograph. Thus, requiring fingerprints and a 2″ × 2″ photograph to be submitted with every NFA application is needlessly burdensome on applicants, as is requiring a 2″ × 2″ photograph with every GCA application. Accordingly, ATF is proposing the following revisions.

A. Fingerprints

hotograph with every GCA application. Accordingly, ATF is proposing the following revisions.

A. Fingerprints

For each making or transfer application under the NFA and license application under the GCA (except for collectors), ATF contacts NICS to conduct a background check and verify whether transferring, receiving, or possessing the firearm(s) would place the applicant in violation of the law. See 28 CFR 25.6(j)(2). FBI regulations require the following descriptors to query NICS: (1) name; (2) sex; (3) race; (4) complete date of birth; and (5) residence state. 28 CFR 25.7. Notably, none of these descriptors require a fingerprint. For NFA applications, fingerprints are primarily used to coordinate with the FBI to resolve criminal-history issues or other similar issues that can arise during background checks. For example, fingerprints are useful when an applicant's biographic information matches that of another individual. The FBI also references NFA fingerprints with respect to resolving identity questions in its NICS appeals process. See 28 CFR 25.10(b). The FBI uses fingerprints for the same purposes for GCA license applications, although ATF also has additional uses for fingerprints in the GCA licensing context (see discussion below) that it does not have for NFA maker and transferee applications.

ATF routinely collaborates with the FBI on streamlining and modernizing the firearms application process. For example, in January 2022, ATF agreed to send fingerprint cards to the FBI only when helpful to resolve issues arising during a NICS background check. As a result, ATF now generally submits fingerprint cards to the FBI only when the FBI needs additional information and therefore requests the cards from ATF. Based on ATF and FBI estimates, the FBI has used fingerprints to resolve questions about a person's criminal history in only a small portion of all cases

se public safety because, in addition to including a picture of the individual, the photo identification document helps confirm the individual's name and, usually, the individual's address. This information aids in verifying an individual's identity more than just a stand-alone 2″ × 2″ photograph. Photo identification documents also confirm the information submitted on the NFA and GCA applications. Furthermore, Congress already mandates that federal firearms licensees (“FFLs”) collect photo identification documents to verify identity as part of the Brady Handgun Violence Prevention Act's background check process, so this would be consistent with that requirement as well. 18 U.S.C. 922(t)(1)(D).

For these reasons, and in an effort to reduce public burden while maintaining a process to verify an applicant's identity, ATF is proposing an alternative to the requirement that individuals submitting Forms 1, 4, 5, 7, or 5630.7; NFA RPs submitting Form 23; and GCA RPs submitting only Form 7, part B, must submit a 2″ × 2″ passport-type photograph. ATF proposes to allow all individual applicants and RPs to submit a clear electronic or physical copy (such as a photocopy, a scanned copy, a digital image, etc.) of a valid photo identification document, as defined in 27 CFR 478.11, instead of requiring only a 2″ × 2″ passport-type photograph (which will remain an option for those who prefer). However, under the proposed new rule, ATF would still be able to request a passport-type photograph if needed to efficiently verify identity or complete a background check.

e photograph if needed to efficiently verify identity or complete a background check.

To effectuate these proposed changes for NFA applicants, the proposed new § 479.27 would state that, when part 479 requires individuals or RPs to submit a photograph, they may attach either a copy of their photo identification document, as defined in 27 CFR 478.11, or a 2″ × 2″ photograph, as currently required. However, the new section would also clarify that, even if individuals submit a copy of their photo identification as permitted, the Director may nonetheless require a 2″ × 2″ photograph, as necessary. ATF also proposes conforming changes to 27 CFR 479.34(e), 479.63, and 479.85. 8

8 ATF also notes that other, non-conflicting changes are being proposed to §§ 479.63(a) and 479.85(a) in a separate proposed rule addressing spouses jointly applying to make or receive and register an NFA firearm. Such spouses would be akin to RPs for the fingerprint and photograph requirements in this proposed rule.

To effectuate this rule's proposed photograph changes for GCA applicants, ATF proposes to amend § 478.44(a)(1)(ii) to require individuals or RPs to submit a copy of their photo identification document, as defined in 27 CFR 478.11, or a 2″ × 2″ photograph, as currently required. This paragraph would also clarify that, even if individuals submit a copy of their photo identification as permitted, the Director may nonetheless require a 2″ × 2″ photograph, as necessary.

Table 2 shows the changes the rule proposes for each group's fingerprints and photograph requirements.

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III. Statutory and Executive Order Review

A. 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

those existing industry standards as part of its assumptions when determining costs and benefits. Because NFA applicants have been able to submit electronically through email and then eForms for several years, almost 100 percent of these applicants submit electronically. Analysts in the National Firearms Act Division estimate that only two percent of NFA applicants currently submit paper documents. As a result, for purposes of this analysis, ATF incorporates this existing industry practice: that 98 percent of NFA applicants are submitting digital documents electronically and two percent are submitting paper documents by mail.

Although ATF has also been permitting GCA applicants to submit Forms 7 electronically during the past few years via downloadable and fillable PDF forms submitted by email, accompanied by digital fingerprints and photographs, currently almost all GCA applicants submit paper documents by mail. However, ATF anticipates that, like NFA paper applications, GCA paper applications will decrease in the next few years, especially as ATF stops printing and distributing paper forms over the course of this year and moves GCA application forms to the eForms platform—which is more convenient than email submission. ATF has not been tracking the number of GCA applications submitted by email versus mail, but Federal Firearms Licensing Center analysts estimate that a very small percent of GCA applicants currently submit electronically. Therefore, for purposes of this analysis, ATF uses the same two percent assumption for GCA electronic submissions that applies to NFA paper ones, as the best available proxy. As a result, for this analysis, ATF incorporates this existing industry practice: that 98 percent of GCA applicants are submitting paper documents by mail and two percent are submitting digital documents electronically.

1. Need Statement

This proposed rule is necessary to reduce burdens for persons applying to make or obtain an NFA firearm or to obtain an FFL license under the GCA

lable proxy. As a result, for this analysis, ATF incorporates this existing industry practice: that 98 percent of GCA applicants are submitting paper documents by mail and two percent are submitting digital documents electronically.

1. Need Statement

This proposed rule is necessary to reduce burdens for persons applying to make or obtain an NFA firearm or to obtain an FFL license under the GCA. It also updates the regulations to incorporate methods of meeting the statutory requirements with current technology. This proposed rule would

2. Benefits, Including Cost Savings

This proposed rule would result in benefits to the public in the form of cost savings because segments of the covered population would no longer need to obtain fingerprints or would obtain a reduced number, and segments of the population would no longer have to obtain photographs from vendors. NFA individual applicants and GCA individual/RP applicants who submit electronically would still obtain digital fingerprints and photographs as they do now, though they would have the additional convenience of submitting a digital copy of their photo identification instead. Individual NFA applicants who still submit paper applications would need to obtain only one fingerprint card instead of two, and would also have the option of submitting a copy of their photo identification instead of obtaining a photograph. NFA RPs, whether submitting electronically or on paper, would no longer have to submit fingerprints with their Forms 23 (although a subset might later need to submit fingerprints if ATF requests them so FBI can resolve a background check). Like GCA individuals/RPs, NFA RPs would also have the convenience of submitting a copy of their photo identification instead of obtaining a photograph, but only those applicants who submit paper documents would accrue a cost savings from this change

onically already obtain and submit just one set of fingerprints, they would not accrue savings from this change. While the majority of NFA individual applicants submit their forms electronically, approximately two percent continue to submit via paper. As a result, that two percent would be affected by this proposed change. ATF estimates that the cost to obtain two sets of paper fingerprints is $50. 9 By reducing the number of paper cards NFA individual applicants who submit by mail would have to obtain, the proposed rule would reduce their fingerprint cost from $50 to $32, 10 resulting in a per-application savings of $18 for this two percent of applicants.

9 The average of $50 for two sets of paper fingerprint cards is derived from reviewing various internet sources. See, e.g., ABC Fingerprinting Service, https://www.abcfingerprinting.com/ [ https://perma.cc/FM7D-H4EK ]; Absolute Fingerprinting and Security Services, https://absoluteisi.com/fingerprinting/ [ https://perma.cc/FJ6T-4X3U ]; Bayou City Fingerprinting, https://bayoucityfingerprinting.com/ink-fingerprinting/ [ https://perma.cc/8TME-8EW7 ].

10 Based on a review of sources available on various websites, most fingerprinting services provide a discount for the second set of fingerprints. See, e.g., https://absoluteisi.com/fingerprinting/ [ https://perma.cc/E6GU-Y3YS ], https://fingerprinting-nm.com/pricing-hours [ https://perma.cc/PTT9-FJ3L ], https://www.fingerprint-phila.com/ [ https://perma.cc/8JQA-PC7G ], https://txfingerprints.com/services/ink-fingerprinting/ [ https://perma.cc/5HUA-SZE8 ], https://www.wovois.com/colorado-fingerprinting-services [ https://perma.cc/GK5V-8H77 ]. As a result, the reduced cost cited here is not half of the cost of two cards

], https://fingerprinting-nm.com/pricing-hours [ https://perma.cc/PTT9-FJ3L ], https://www.fingerprint-phila.com/ [ https://perma.cc/8JQA-PC7G ], https://txfingerprints.com/services/ink-fingerprinting/ [ https://perma.cc/5HUA-SZE8 ], https://www.wovois.com/colorado-fingerprinting-services [ https://perma.cc/GK5V-8H77 ]. As a result, the reduced cost cited here is not half of the cost of two cards.

11 See US Postal Service, https://ips.usps.com/IdentityCapture/ [ https://perma.cc/F9F3-5LV2 ]; Passport Immigrant Photos, https://www.passportimmigrationphotos.com/atf-fingerprinting [ https://perma.cc/J28Z-Z5F6 ]; Royal Printing, https://www.royalprinting123.com/fingerprinting.html [ https://perma.cc/LWM3-RMRW ]; Greater Houston Fingerprinting, https://square.site/book/QEHCT4XRC4G98/zarco-llc-pearland-tx [ https://perma.cc/GTG7-DJA5 ].

ATF is also proposing to eliminate the requirement for NFA RPs to submit fingerprints with their applications. Currently, NFA RP applicants are required to submit two sets of fingerprints with their Forms 23, although 98 percent of them submit digital fingerprints and thus submit just one digital set. Digital fingerprints cost $73 on average. 11 For the remaining two percent of NFA RPs, the cost of obtaining two sets of paper fingerprints is $50. As NFA RPs would no longer have to submit fingerprints with their 12 the proposed change would result in savings to RPs of up to $50 or $73 in capital costs per application, depending on whether they submit by mail or electronically. In addition, NFA RPs would save the time involved in obtaining fingerprints. However, a small number of NFA RPs would still need to submit a fingerprint set later, as requested by ATF, to coordinate with the FBI on resolving criminal history-related issues that can arise, for example, when an NFA applicant's biographic information matches that of another individual (see section 3, Savings offset, below for details)

ersonal use or as part of a personal trust, rather than as part of a business transaction. Therefore, ATF has estimated a leisure wage rate for NFA applicants in this proposed rule.

ATF estimated the leisure wage based on methodology from the Department of Health and Human Services (“HHS”), updated to account for the latest available data. 15 The HHS methodology is to first obtain the median U.S. non-leisure weekly wage from the Bureau of Labor Statistics (“BLS”) and divide it by 40 hours to derive the median hourly non-leisure wage. Step two is to obtain the average U.S. real household income before taxes and after taxes from the Census Bureau and divide the post-tax income by the pre-tax income to determine the net household income rate. Step three applies the net income rate to the median non-leisure hourly rate derived in step one, to calculate the hourly leisure wage. Table 8 shows the steps and data ATF used under this methodology to determine an updated leisure wage.

15 See Valuing Time in U.S. Department of Health and Human Services Regulatory Impact Analyses: Conceptual Framework and Best Practices, https://aspe.hhs.gov/sites/default/files/private/pdf/257746/VOT.pdf.

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Based on the methodology outlined by HHS, the estimated leisure wage is $26, which ATF used to calculate the hourly savings for NFA applicants. This leisure wage—the opportunity cost of leisure, meaning the time spent engaging in activities that could otherwise be spent earning income—is the product of multiplying the median hourly wage of $30.35 by the 0.86 net household income rate to derive the after tax median hourly wage ($26.10, rounded to $26). For NFA applicants, ATF used this hourly leisure wage rate to calculate the monetized time savings for all NFA RPs who would no longer obtain fingerprints and to calculate the monetized time savings for NFA individuals and RPs submitting paper applications who would no longer obtain paper photographs

.S. Bureau of Labor Statistics, Total compensation cost per hour worked for private industry workers (2023-2025), https://data.bls.gov/dataViewer/view/timeseries/CMU2010000000000D [ https://perma.cc/T2ZL-2UUB ].

18 U.S. Bureau of Labor Statistics, Employer cost for employee compensation, (2023-2025), https://data.bls.gov/dataViewer/view/timeseries/CMU2020000000000D [ https://perma.cc/8WEJ-2TRW ].

19 1.42 load rate = $44.20 total hourly compensation/$31.10 hourly wages and salaries.

For purposes of this analysis, ATF estimates that it takes a person 15 minutes (0.25 hours) to obtain a photograph and one hour to obtain fingerprints, for a total potential time savings of up to 0.25 hours for GCA individual/RP applicants and NFA individual applicants who submit paper applications and would no longer have to obtain paper 2″ × 2″ photographs; up to one hour for NFA RP applicants who submit electronically and would no longer have to obtain digital fingerprints; and up to 1.25 hours for NFA RP applicants who submit paper applications and would no longer have to obtain paper 2″ × 2″ photographs or fingerprints. ATF uses the 0.25-hour time estimate for obtaining photographs because photographs are readily available at common retailers such as CVS and Walgreens. ATF estimates a longer time to obtain fingerprints because fingerprints are not as readily available.

Combined Cost Savings

For GCA applicants who submit by paper, the combined savings would be the cost savings of no longer obtaining a 2″ × 2″ photograph ($17) and the monetized value of the time they would no longer have to spend obtaining the photograph. The monetized time savings would be $76 loaded hourly wage rate * 0.25 hours, or $19. The total savings for these GCA applicants would therefore be $36 per application (rounded). GCA applicants who submit electronically would not realize any savings as a result of this proposed rule

s to the public, Table 14 provides a cost-savings and cost-savings-offset comparison over the ten-year period of analysis, as well as the resulting net outcome of subtracting the cost savings offset from the cost savings.

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Table 15 provides the overall net cost savings due to this proposed rule, accounting for the cost savings and cost savings offset described in the sections above.

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Overall, ATF anticipates that this rule would provide a cost savings of an undiscounted $646.9 million over the course of ten years, or an annualized $63.7 million at 3 percent and $62.4 million at 7 percent.

5. Regulatory Alternatives

Alternative 1: Status-Quo Alternative

ATF considered taking no action and maintaining the status quo. The regulations require individuals and RPs to submit two paper fingerprint cards and a 2″ × 2″ photograph for each NFA application to make or transfer, and one paper fingerprint card and a 2″ × 2″ photograph for each NFA SOT taxpayer application and GCA license application. While ATF has already been permitting electronic submissions for both NFA and GCA applicants, ATF determined that the fingerprint requirement is still unduly burdensome in many cases because fingerprints are no longer useful in processing the vast majority of applications. At minimum, two sets of fingerprints are no longer necessary, and, due to technological advancements, a passport-style photograph is no longer the only, or even best, way to verify a person's identity.

ity.

In addition, ATF also recognizes that new technologies have changed the options for obtaining fingerprints, such that paper fingerprint cards should no longer be the only allowable format in the regulations. While the costs for obtaining digital fingerprints are currently higher than for obtaining paper fingerprints, that balance is likely to change as the digital options become more common. Similarly, while capturing one's own fingerprints on paper is somewhat difficult and requires obtaining the necessary supplies, and capturing one's own fingerprints digitally is currently cost-prohibitive for many applicants because they would have to purchase equipment, ATF anticipates that capturing one's own fingerprints digitally will soon become accessible and affordable.

As a result of both considerations, ATF believes that retaining the status quo is not the best alternative.

Alternative 2: Eliminating All Fingerprints Alternative

Another alternative ATF considered was eliminating the requirement for fingerprints in all cases. This would eliminate cost and time burdens for all applicants and streamline submitting and processing applications. However, due to statutory requirements, that is not possible for individual NFA and GCA applicants. In addition, in some cases, fingerprints are necessary as a means of efficiently coordinating with the FBI to resolve personal-history-related issues when completing a NICS background investigation, and in the context of GCA license applications, ATF also needs the fingerprints to resolve applicant appeals. In those cases, both public safety and the interests of persons wishing to acquire a firearm are better served by requiring fingerprints.

Alternative 3: Eliminating All Photographs Alternative

ATF also considered the alternative of eliminating the requirement to submit a photograph in all cases. Again, this option would eliminate cost and time burdens for all applicants and streamline submitting and processing applications

h documents include additional information to verify the person's identity. This alternative thereby reduces burden and facilitates more easily submitting and processing applications. In addition, with technological developments, people can now use a cell phone to take photographs of themselves or make scans of their digital identification, further reducing the photograph requirement's burden.

B. 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 under 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. This rule as proposed is a significant regulatory action as defined by Executive Order 12866; however, this rule would not be an Executive Order 14192 regulatory action because it would not impose total costs greater than zero. It would remove or reduce regulatory requirements pertaining to fingerprints and photographs, saving the public the costs and burdens of complying with them. ATF therefore expects this rule, if finalized as proposed, to qualify as an Executive Order 14192 deregulatory action (defined by OMB Memorandum M-25-20 as a final action that imposes total costs less than zero).

a savings offset of $76 or $99, respectively, for less than 1 percent of these NFA RPs who would need to provide fingerprints later upon request due to an irregularity in their background check) and $36 per GCA license applicant (assuming they submit a paper application). No adverse impact would accrue since these would be deregulatory savings that ATF considers beneficial to the small businesses.

• Indirect costs: an unknown number of businesses that deal in 2″ × 2″ photographs might incur an indirect cost in the form of potential unknown revenue reduction because individuals and RPs might no longer purchase paper 2″ × 2″ photographs. ATF estimates that a reduction in revenue would be $17 per 2″ × 2″ photograph. Assuming a low business revenue of $100,000 per year, a small business would need to lose 5,882 customers in a given year to realize a 1 percent reduction in revenue.

• Indirect costs: an unknown number of businesses that provide fingerprint services might incur an indirect cost in the form of potential unknown revenue reduction because NFA RPs would no longer purchase fingerprints, and individual NFA applicants submitting paper applications would purchase only one fingerprint card as opposed to two. The extent to which this would produce a net change in revenue for fingerprinting businesses is unknown since people also utilize fingerprinting services for other purposes, like job applications, childcare services, and more. The potential impact to fingerprinting businesses is thus unknown as well.

Initial Regulatory Flexibility Analysis (IRFA)

The RFA establishes “as a principle of regulatory issuance that agencies shall endeavor, consistent with the objectives of the rule and of applicable statutes, to fit regulatory and informational requirements to the scale of the businesses, organizations, and governmental jurisdictions subject to regulation

or, the proposed rule.

While Congress mandates that ATF collect adequate identifying information for all GCA license applicants, see 18 U.S.C. 923(a) and (d)(1)(B), and also requires that ATF collect photographs and fingerprints from individual NFA (and GCA) applicants, see 26 U.S.C. 5802, 5812(a), and 5822(d), there is no statutory requirement for entity NFA applicants to submit those materials. Nor is there any statutory requirement under either the GCA or NFA that fingerprints or photographs be submitted in a particular format or number. Accordingly, to minimize burdens to the public, ATF is proposing to eliminate its existing requirement for NFA entity applicants to submit an RP's fingerprints and would request fingerprints only if necessary to complete a background check. ATF is also proposing to reduce the number of required fingerprint sets from two to one for individual applicants who make and transfer NFA firearms, although this change will affect only applicants who submit paper fingerprint cards. Finally, ATF is proposing to adjust the requirements for submitting fingerprints and photographs to permit all GCA and NFA applicants to submit digital fingerprints and photographs, and also to submit copies of photo identification documents instead of 2″ × 2″ passport-type photographs.

The objective of this proposed rulemaking is to reduce the regulatory burden of GCA licensing and NFA firearms ownership on the public by streamlining requirements to track the minimum information needed to comply with safety and statutory requirements while also incorporating advances in technology, such as digital options for fingerprints and photographs.

3. Describing and, where feasible, estimating the number of small entities to which the proposed rule would apply.

Even though this proposed rule is not economically significant, its economic impact consists of deregulatory savings, which reduce burdens and costs for the public and do not create additional barriers for small businesses

ed to purchase two cards. In addition, some applicants might instead choose to take their own digital fingerprints, bypassing fingerprinting services altogether. But ATF considers that option, while available, to be currently unlikely due to both the cost of obtaining equipment for at-home digital printing and the infrequency with which the affected applicant population would need to obtain prints.

The overall impact to revenue is unknown because fingerprinting services would also continue to be used for background checks for employment purposes and other non-firearms reasons.

4. Describing the proposed rule's projected reporting, record-keeping, and other compliance requirements, including an estimate of the classes of small entities which would be subject to the requirement and the type of professional skills necessary to prepare the report or record.

There are no additional requirements or costs being imposed by this proposed rule. This rule would reduce costs and requirements for the public.

5. Identifying, to the extent practicable, all relevant federal rules which might duplicate, overlap, or conflict with the proposed rule.

This proposed rule would not duplicate or conflict with other federal rules.

6. Describing any significant alternatives to the proposed rule which accomplish the stated objectives of applicable statutes and which minimize any significant economic impact the proposed rule might have on small entities

ATF has considered the alternative of maintaining the status quo with respect to GCA and NFA application requirements. Maintaining the status quo would alleviate the indirect costs to companies providing photograph or fingerprinting services. However, ATF has determined that the direct economic benefits to the public from the proposed rule would significantly outweigh any indirect loss in revenue incurred by small businesses offering photograph or paper fingerprinting services.

ATF also considered issuing guidance in lieu of rulemaking

uo would alleviate the indirect costs to companies providing photograph or fingerprinting services. However, ATF has determined that the direct economic benefits to the public from the proposed rule would significantly outweigh any indirect loss in revenue incurred by small businesses offering photograph or paper fingerprinting services.

ATF also considered issuing guidance in lieu of rulemaking. ATF rejected issuing guidance instead because the existing requirements are in regulations and guidance would not be able to override the regulatory requirements.

G. Unfunded Mandates Reform Act of 1995

This proposed 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 would 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.

H. 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 a rule creates 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). The proposed revisions in this rule would impact six existing information collections under the PRA

fill out Form 23 or Form 7, part B, the same option to submit digital fingerprints and photographs and a copy of their photo identification document instead of a 2″ × 2″ passport-type photo, thereby also further reducing cost and burden to such individuals.

As a result of these changes, the time burden and monetized costs for these collections would be reduced if this proposed rule becomes final. ATF will provide more details about the reduced information collection burdens in any final rule, but section III.A of this preamble provides equivalent details in the context of this proposed rule.

I. Congressional Review Act

This proposed rule would not be 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 the proposed rule from all interested persons. ATF specifically requests comments on the clarity of this proposed rule and how it may be made easier to understand. In addition, ATF requests comments on the costs or benefits of the proposed rule and on the appropriate methodology and data for calculating those costs and benefits.

All comments must reference this document's RIN 1140-AA63 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 follow the 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

r 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-AA63

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 to ATF 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 90-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 proposed 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-AA63).

Severability

through the federal e-rulemaking portal, at https://www.regulations.gov (search for RIN 1140-AA63).

Severability

Consistent with the Administrative Procedure Act, the issues raised in this proposed rule may be finalized, or not, independently of each other, after consideration of comments received. ATF has determined that this proposed rule implements and is fully consistent with governing law. However, in the event this proposed rule is finalized, if any provision of that final rule, an amendment or revision made by that 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 that final rule, the amendments or revisions made by that 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

27 CFR Part 478 Administrative 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.

27 CFR Part 479 Administrative practice and procedure, Arms and munitions, Exports, Imports, Military personnel, Penalties, Reporting and record-keeping requirements, Seizures and forfeitures, Taxes, Transportation.

For the reasons discussed in the preamble, ATF proposes to amend 27 CFR parts 478 and 479 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. Amend § 478.44 by:

a. In § 478.44(a), revising § 478.44(a)(1)(ii) and (2); and

sed on the results of the initial background check, whether making or transferring the firearm as proposed would place the person in violation of law.

(b) When fingerprints are required under this section, the individual applicant or responsible person must submit with the application one properly completed FBI Form FD-258 (Fingerprint Card) or, if applying electronically, an equivalent digital

(c) When applying as described under paragraph (a) of this section, individual applicants and responsible persons must attach a photograph. Individual applicants and responsible persons can meet the photograph requirement by attaching one of the following:

(1) A clear and true copy ( e.g., a photocopy, or, if submitting an electronic application, a scan, digital photograph, or other electronic copy) of their photo identification document, as defined in 27 CFR 478.11; or

(2) A photograph (which may be digital and submitted electronically) of themselves that is 2 x 2 inches in size, clearly showing a full front-view of their features, with head bare of hats or other items that overlap the front hairline, with the distance from the top of the head to the point of the chin approximately 1 1/4 inches, and that was taken within six months prior to the date they submit the photograph.

(d) In certain cases, the Director may require a person to submit a photograph as described in (c)(2) of this section, and refuse to accept the photo identification copy described in (c)(1) of this section, such as if the document is not of an acceptable type, the copy is not clear, or if there are other issues impeding the person's background check.

5. In § 479.34, revise paragraph (e) to read as follows:

§ 479.34 Special tax registration and return.

mit a photograph as described in (c)(2) of this section, and refuse to accept the photo identification copy described in (c)(1) of this section, such as if the document is not of an acceptable type, the copy is not clear, or if there are other issues impeding the person's background check.

5. In § 479.34, revise paragraph (e) to read as follows:

§ 479.34 Special tax registration and return.

(e) Taxpayer identity. If the taxpayer is an individual, the taxpayer must attach the documentation required under § 479.27 unless the taxpayer has filed with ATF a properly executed ATF Form 5310.12 (“Form 7”), Application for Federal Firearms License, as specified in 27 CFR 478.44(a).

6. Amend § 479.63 by:

a. Revising the section heading and paragraph (a);

b. Removing the word “shall” and adding in its place the word “must” in paragraph (b) introductory text and in paragraph (b)(1);

c. Adding “and” after the semi-colon at the end of paragraph (b)(2)(ii);

d. Revising paragraph (b)(2)(iii); and

e. Removing paragraph (b)(2)(iv).

The revisions read as follows:

§ 479.63 Applicant identity. (a) If the applicant is an individual, the applicant must attach the documentation required under § 479.27.

(b) * * *

(2) * * *

(iii) A photograph as described in § 479.27(c).

7. Amend § 479.85 by:

a. Revising the section heading and paragraph (a);

b. Removing the word “shall” and adding in its place the word “must” in paragraph (b) introductory text and in paragraph (b)(1);

c. Adding “and” after the semi-colon at the end of paragraph (b)(2)(ii);

d. Revising paragraph (b)(2)(iii); and

e. Removing paragraph (b)(2)(iv).

The revisions read as follows:

§ 479.85 Transferee identity. (a) If the transferee is an individual, the applicant must attach the documentation required under § 479.27.

(b) * * *

(2) * * *

(iii) A photograph as described in § 479.27(c).

Robert Cekada, Director.

[FR Doc. 2026-13587 Filed 7-2-26; 8:45 am] BILLING CODE 4410-FY-P

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.