A proposed rule by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) could enable consumers to purchase firearms online without having to go to their neighborhood Federal Firearms Licensee (FFL), potentially causing a rivalry to develop between them and online gun retailers.
ATF originally proposed the new rule on “non-over-the-counter” sales by FFLs May 8, with the agency seeking to alter its regulations to account for technological advances since 1993, when the Brady Act was signed into law by then-President Bill Clinton, allowing online orders and for the Form 4473 and National Instant Check System (NICS) to be run remotely instead of in-person. The proposed rule has led to clashes between one online gun retailer and some self-described “small” FFLs who feared the change could push them out of business. (RELATED: Anti-2A Groups Just Bullied ATF Into Keeping Difficult Process For Gun Transfers)
“The ability to complete a same-state firearm transaction remotely could be especially helpful for lawful buyers who live far from a particular dealer, have mobility limitations, lack reliable transportation, work difficult schedules, or are trying to purchase a firearm that is not available at a nearby store,” one anonymous commenter who identified himself as a gun-rights supporter said. “The current regulatory restriction on non-over-the-counter transactions is unnecessarily limiting when identity can be verified remotely and the required NICS process can still be completed.”
NEW BRAUNFELS, TX – AUGUST 02: Tunis Lopez, owner of EDC TX gun store puts on his firearm as the first customer of the day arrives . (Photo by Matt McClain/The Washington Post via Getty Images)
“That said, I strongly urge ATF to make clear that remote transactions must remain an additional option, not a replacement for traditional in-person transactions,” the commenter continued. “Lawful purchasers should continue to have the ability to go into an FFL’s physical premises, present identification, complete Form 4473, and proceed through the ordinary in-person process.”
One company positioned to take advantage of this rule change is GrabAGun.com, which went public in July 2025 with the help of Donald Trump Jr.
“We welcome this proposed rulemaking, which could bring a more streamlined and secure purchase process to law-abiding firearm buyers — from first-time owners to lifelong sportsmen,” a company spokesman told the DCNF. “This is an early step in a lengthy rulemaking process, and background check and verification requirements remain fully in place throughout the proposed regulations.”
“It’s also important to note that any potential additional compliance requirements and or associated costs would apply only to the proposed direct-shipment method contemplated under the proposed rule,” the company spokesperson continued. “The existing framework for in-person, over-the-counter firearm transfers would remain unchanged and available to law-abiding firearms buyers. GrabAGun intends to submit a public comment on the proposed changes to the NOTC regulations, and will continue participating in the process.”
However, there was pushback from small FFLs in the comments, many of whom expressed concern for what the new rule could mean for the future of their businesses.
“As a small home based FFL I feel that the proposed revising of Non-Over-the-Counter Firearms Transaction Requirements would all but destroy my business,” Wallace McClung said in his comment. “Having 34 years’ experience in IT and seeing how much identify theft currently exists in our country and the increase of AI I feel that the proposed NOTC is very dangerous and would easily be hacked by individuals who are not eligible to own a firearm.”
“As a small business, FFL, this would hurt and potentially cause the closure of many similar business, to include mine. The flow of customer traffic would diminish, in addition to the ability to build the relationship small business FFLs need to survive,” The Bow & Barrel Sportsman said in its comment. “Another concern would be fraudulent purchases with the inability to properly confirm Identification, anticipate an influx of straw purchases as well.”
The National Shooting Sports Foundation has taken no position on the proposed rule change, according to Manager Director for Public Affairs Mark Oliva. Some of the nearly 400 comments made publicly on the rule appeared supportive as well, although many appeared to be opposition comments from anti-Second Amendment people.
One FFL with multiple store locations located on the West Coast believed that the rule wouldn’t change things much in states run by Democrats.
“Given [California]’s existing firearm sales laws, this would have minimal positive impact on our business,” Turner’s Outdoorsman Senior Vice President Bill Ortiz told the DCNF. “It’s likely, too, at least in my opinion, that other states would follow [California] and impose state laws meant to blunt those new rules.”
Some smaller FFLs, though, were more open-minded regarding the proposed rule.
“As a homebase FFL, I believe that this would be a great addition to enact. It’ll help streamline customer service, and being in a southeast state make transactions much easier and smoother,” Josh Schultz said in his statement.
Comments on the proposed rule may be submitted until August 6 via Regulations.gov.
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