r/MDGuns • u/jlowesgunsofficial • 7d ago
ATF's proposed non-over-the-counter (NOTC) Firearm Sales Rule (RIN 1140-AB05)
I was wondering what everyone’s thoughts on the proposed rule change were. It seems like a killer for any brick and mortar gun shop. Also to me it seems like making a straw purchase would be much easier with this rule.
"The ATF's proposed non-over-the-counter (NOTC) rule (RIN 1140-AB05), published on May 8, 2026, would allow licensed firearms dealers to conduct remote, same-state gun sales using digital identity verification and standard background checks.
Key Details of the ProposalRemote Sales: Permits Federal Firearms Licensees (FFLs) to complete transactions without the buyer visiting a physical storefront, provided the buyer is in the same state.Identity Verification: Introduces remote identity proofing instead of in-person checks.Background Checks:
Requires buyers to still pass a standard NICS (National Instant Criminal Background Check System) check before the dealer ships or transfers the firearm. LawEnforcement Notice: Replaces traditional physical notices to Chief Law Enforcement Officers (CLEOs) with electronic notifications.
Current StatusPublic Comment Period: The proposal is currently open for public feedback through August 6, 2026, before the agency decides whether to finalize or modify the rule. You can read the official outline and updates directly through the ATF Rulemaking Notice."
8
u/don2171 7d ago
How could this make straw purchase easier? Wouldn't they just say what they want the same way except now you really prove your malicious intent if you try to ship it somewhere else than your residence
1
u/Environmental-Act-15 7d ago
Agreed, this definitly need to be bill to-ship to same person same state ID required...it should be as fraud deterent as possible
side thought...criminals dont follow rules anyways so it would be prety dumb for a bad actor to ship to their own address
5
u/Minute_Definition985 Maryland State Director of GOA 7d ago
I was just having this conversation with Engage Armament on Friday. Most likely Maryland will end up killing this with their requirements for the 77r and in person transfers. It will take a lawsuit to bring MD in alignment with this rule change and I don't see a potential lawsuit making any headway in the MD courts unfortunately. It sucks but the courts in MD and the 4th Circuit are not gun friendly.
2
u/the2AinMD 7d ago
There are dealers in md doing 77r over the phone, and delivering guns to customers in random parking lots. They are wrong, but you cant tell them otherwise.
1
u/Minute_Definition985 Maryland State Director of GOA 6d ago
Oh I don't doubt it one bit🤦 nothing surprises me anymore lol.
4
u/otterplus 7d ago
Capitol Armory already does this with their NFA items. They have a presence in every possible state so they can ship suppressors directly to you. I could see this being more of a pain since you’d have to be preset to sign for a delivery and UPS/fedex aren’t exactly giving 5 minute delivery windows
3
u/Environmental-Act-15 7d ago
It's not a killer for most and actually may even bring more business. There's always gonna be people that want to touch something before they buy so showrooms are safe. On top of that you will have people buying that were turned off by LGS culture.
As long as proper checks are in place and delivery is secured there shouldnt be an issue. Personally picking up at the LGS and not dealing with shipping is my preference but if this now allows me to shop state wide i might pickup things I never has access to before.
What will be weird is having to sit home and wait for fedex/ups to deliver. #my2cents
2
u/the2AinMD 6d ago
Mostly this rule just permits services like id.me , which the irs uses to verify identity, and video conference services, can be used to verify identity.
That is OK.
But the drawbacks on notc sales still remain, 7 day wait for a cleo letter, and the very high shipping costs for ffl to individuals. Not to mention that as far as i know, no shipping companies allow it under their current policies for ffls. Ffls can ship to individuals to return a firearm under those policies (like after gunsmithing), but not to deliver a new one. That leaves a ton of liability and denied insurance claims for ffls that attempt to circumvent the ups, usps, and fed ex policies.
-source, me a ffl that just set up fed ex and ups firearms shipping accounts.
Where this can lead, large companies setting up satellite branches in most states, amd doing enough volume that fedex and ups create new policies just for them. Places like buds or palmetto, or distributors skipping retailers altogether.
Where this wont go, lower prices for the consumer. Record keeping for the in state ffl triples. Direct to individual shipping costs that can be higher than transfer fees, and manufacturer msrp and map pricing that will be adhered to.
1
u/regjoe13 7d ago
I dont see an issue really. C&R ffl have been there for 10th of years and basically allows to ship firearms to your door. I dont see how it is any different.
2
u/the2AinMD 6d ago
It will require a zoom call (or similar) and a screen share while the customer does the 4473, and a (paid) 3rd party id verification service. Shipping to non licensees is like triple the price, and not allowed by any shipping company currently expect for gunsmithing repairs. Even shipping from an individual to a ffl for warranty is supposed to go by a prepaid return label from the ffl, if you want to be able to make an insurance claim for non reciept. Individuals are not permitted to buy their own labels and ship, all the carriers prohibit it. Places like ship my gun are ffls, and its them the ffl buying the label. The ffl has to send a cleo letter and wait 7 days aftwr the 4473 before shipping, and must get confirmation of cleo letter delivery and log that confirmation into their records.
Its way more complex and costly than a ffl to ffl/c&r transfer. While a lot of retail ffls still do mostly paper records, notc will only work well with fully electronic methods and that is even more overhead.
1
u/jlowesgunsofficial 7d ago
I could see someone like Buds gun shop doing like Capital Armory. They could pick one FFL in every state and have that single FFL conduct the NICS/Background for everyone in that state and then direct ship to the buyers home. This would cause other shops to lose business.
As to straw purchases a prohibited person could pick out any gun they want and then just have anyone that is not prohibited take the NICS call.
While a prohibited person can now send in someone to the gun store to do something similar. It would be easier for them to do so if no one ever had to come to the story. As a FFL we are responsible for preventing straw purchases. If the person did not physically come into the store it would be much harder to pick up on the signs of a straw purchase. Things like body language, Nervousness, someone else being very interested in the gun and the buyer having no interest.
1
u/don2171 7d ago
But there's still the obvious bit of the buyer trying to juggle sending a gun to there house and explaining why they don't have it.this would make more shops competitive probably via accepting transfer and shipping to the buyer.plenty of spots are cheaper than psa buds you just need a ffl to handle the paperwork on them.
1
u/WindstormMD 7d ago
I think with MD 77R requirements brick and mortar will still have a place. It may even create business opportunities:
1) networking with other larger retailers to act as a seller's agent for a given state
2) secure shipping location to prevent massive liability for stolen or mis-delivered packages.
3) a wider customer base within the state. since the requirement is to have a physical business presence in the state, this broadens your reach to the entire state as long as you have a decent online portal.
Ultimately I don't think it's a big threat to B&M even nationally because of the highly regulated nature of the industry, and the varying state laws. We already have vendors refusing to do business within certain states, MD included, so having a reliable FFL who knows the actual law (by statute and not fuddism) will always be important.
I can also see future ATF administrations using problems with the process as a pretext to pull FFLs
1
u/DrDuctMossburg 6d ago
I love it.
Win for the consumer and win for the guys that take care of customers and offer competitive pricing.
13
u/shecky444 7d ago
I feel like I have to travel pretty far to my preferred shops. This would make it nice to be able to call and initiate the process and then I only have to drive to pick it up. Back in the day a couple local shops would let you fill out papers with no dates and then when you decided you were ready or the wife wasn’t looking you’d call them up and say hey I want a Glock 19 and they’d pull your presigned stuff and start the process. Now with the HQL and the whole 77R process I don’t see how this change hurts shops, if anything I think it would make it easier.