Proposed ATF Non-Over-The-Counter Rule: What Buyers Should Know
The ATF non-over-the-counter rule could change how certain same-state firearm purchases are completed through Federal Firearms Licensees, or FFLs. Does this change the process today? No. The rule, officially titled “Revising Non-Over-the-Counter Firearms Transaction Requirements,” is still a proposed rule, not final law. Comments are due August 6, 2026.
What The ATF Non-Over-The-Counter Rule Would Do
The proposal focuses on non-over-the-counter firearm sales, also called NOTC sales. The ATF defines these as sales where an FFL sells a firearm to a person who does not appear in person at the FFL’s business premises.
Under the proposal, ATF would remove the current regulatory restriction that limits NOTC transfers to background-check-exempt transactions. That means participating FFLs could potentially complete qualifying NOTC transfers for same-state buyers even when a NICS background check is required.
The proposal would apply to unlicensed buyers who live in the same state as the FFL’s business premises. It would not eliminate background checks, Form 4473, identity verification, residency verification, or applicable federal and state requirements.
What Buyers Would Still Need To Complete
If finalized, the ATF’s non-over-the-counter rule would still require qualifying buyers to complete the required compliance steps before a firearm could be shipped or delivered.
That includes:
- Complete ATF Form 4473
- Submit a true copy of a valid photo identification document
- Verify identity and residency
- Complete remote video identity review with the FFL
- Use a credential service provider for remote identity verification
- Pass a NICS background check when required
- Meet all applicable federal and state requirements
The proposal specifically says the FFL must wait for the NICS response or the end of the applicable investigatory period before shipping or delivering the firearm.
Why This Matters For Same-State Firearm Purchases
For same-state firearm purchases, this could create a more modern process without removing the FFL from the transaction. Instead of requiring every qualifying buyer to appear at the FFL’s premises, the proposed process would allow identity verification to happen remotely using secure technology.
ATF says the remote process would involve a video conference, inspection of the buyer’s actual photo ID, comparison of the buyer’s appearance with the ID, and verification through a credential service provider that meets NIST Identity Assurance Level 2 and Authentication Assurance Level 2 standards.
How GrabAGun Is Preparing
At GrabAGun, we are preparing for a future where lawful firearm purchases can be more efficient, secure, and fully compliant.
That includes continued work around secure identity verification, fraud prevention, compliance workflows, and digital purchasing infrastructure.
Our goal is simple: make the process smoother for lawful gun owners while maintaining full compliance with federal and state law.
What Lawful Buyers Should Know Now
Nothing changes today. Current firearm transfer laws and FFL requirements still apply unless the ATF non-over-the-counter rule is finalized and implemented.
If finalized, the rule could allow qualified same-state buyers to complete certain firearm purchases remotely through participating FFLs, while still completing Form 4473, identity verification, residency verification, required NICS checks, and all applicable compliance steps.
GrabAGun is preparing for that future now. More to come as the rulemaking process develops.
FAQs About The ATF Non-Over-The-Counter Rule
Is The ATF Non-Over-The-Counter Rule Final?
No. It is a proposed rule. Current firearm transfer requirements remain in effect.
Would Buyers Still Need A Background Check?
Yes. For NOTC transfers subject to NICS, the FFL would still need to initiate the background check and wait for the required response or applicable waiting period before shipping or delivering the firearm.
Could Firearms Ship Directly To Same-State Buyers?
Potentially, but only if the rule is finalized, the buyer qualifies, the FFL participates, and all federal, state, identity verification, Form 4473, and NICS requirements are completed.