ATF Moves to Repeal Biden Gun Rule, Opening 90-Day Comment Period
Updated
Updated · The Trace · Jun 3
ATF Moves to Repeal Biden Gun Rule, Opening 90-Day Comment Period
3 articles · Updated · The Trace · Jun 3
Summary
May 6 marked the ATF’s formal proposal to scrap the Biden-era “engaged in the business” rule, launching a 90-day public comment period before the rollback can take effect.
600-plus federal prosecutions reviewed by The Trace found little evidence the rule drove overreach or materially changed enforcement, with most cases targeting trafficking networks, violent crime and ghost-gun activity rather than casual private sellers.
Three out of four cases included additional firearms or violent-crime charges, and former agents and prosecutors said ATF investigations already focused on clear-cut illegal dealing long before the rule was written down.
25,000 to 328,000 sellers were projected by ATF under Biden to need licenses, but current ATF leaders say that expansion never materialized and argue the rule overstated its practical reach.
68,000 trafficked guns were linked to unlicensed dealers in 2017-2021, underscoring that the broader fight over the repeal centers less on immediate case changes than on how aggressively ATF will police illicit gun sales.
As ATF eases dealer oversight, what prevents retailers from enabling illegal straw purchases like those alleged at Academy Sports?
With ATF agents shifting to immigration, how will the U.S. combat illegal gun trafficking and untraceable 'ghost guns'?
ATF’s 2026 Overhaul: 34-Rule Reform Package Signals Major Shift in Federal Firearms Regulation
Overview
The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), together with the Department of Justice, has launched a 'New Era of Reform' by releasing 34 new regulatory proposals. This major shift began after a comprehensive review of existing rules, which was required by Executive Order 14206 to protect Second Amendment rights. The process was shaped by the ATF’s goal to rebuild trust with firearms licensees and industry stakeholders, first set out in 2025, and included feedback from both industry and experts. The reforms gained momentum with the Senate confirmation of Robert Cekada as the new ATF Director in April 2026.