United States Government Publishing Office publisher pbl distributor dst United States National Archives and Records Administration Office of the Federal Register author aut Government Organization text government publication eng FR Regulatory Information 2026_register executive 2026-01-22 article Rules and Regulations D09002ee1dd5ce820 D09002ee1dd5ce886 United States Department of Justice originator org United States Government Agency or Subagency United States Bureau of Alcohol, Tobacco, Firearms, and Explosives originator org United States Government Agency or Subagency The Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF") is amending Department of Justice ("Department") regulations to update the definition of "unlawful user of or addicted to any controlled substance," a category of persons who may not possess firearms under federal law. This definition was established in 1996 to facilitate operation of the National Instant Criminal Background Check System. Since then, court decisions and ATF internal guidance have evolved to include recurring use as a factor. As a result, ATF is aligning the definition with the best statutory understanding, as informed by judicial decisions. 91 FR 2698 https://www.govinfo.gov/app/details/FR-2026-01-22/2026-01141 2026-01141 fr22ja26-10 RIN 1140-AB03 4410-FY-P Docket No. ATF-2026-0034 ATF No. 2025R-54T https://www.govinfo.gov/app/details/FR-2026-01-22/2026-01141 https://www.govinfo.gov/content/pkg/FR-2026-01-22/html/2026-01141.htm https://www.govinfo.gov/content/pkg/FR-2026-01-22/pdf/2026-01141.pdf 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 11 p. 2698 2708 91 FR 2698 Title 27 Part 478 27 CFR Part 478 RIN 1140-AB03 Revising Definition of “Unlawful User of or Addicted to Controlled Substance”; Federal Register Vol. 91, Issue RULE 2026-01141 DEPARTMENT OF JUSTICE Bureau of Alcohol, Tobacco, Firearms, and Explosives 2026-01-22 2026-06-30 Docket No. ATF-2026-0034 ATF No. 2025R-54T 4410-FY-P 2026-01141 Interim final rule; request for comments.

The Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF") is amending Department of Justice ("Department") regulations to update the definition of "unlawful user of or addicted to any controlled substance," a category of persons who may not possess firearms under federal law. This definition was established in 1996 to facilitate operation of the National Instant Criminal Background Check System. Since then, court decisions and ATF internal guidance have evolved to include recurring use as a factor. As a result, ATF is aligning the definition with the best statutory understanding, as informed by judicial decisions.

This interim final rule ("IFR") is effective on January 22, 2026. Comments must be submitted in writing, and must be submitted on or before (or, if mailed, must be postmarked on or before) June 30, 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. ATF will publish a final rule in the Federal Register adopting the IFR as final with any changes in response to public comments or adopting the IFR as final without change. 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). 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 Revising Definition of Unlawful User of or Addicted to Controlled Substance, ORA@atf.gov https://www.fbi.gov/file-repository/cjis/active_records_in_the_nics-indices.pdf/view https://www.fbi.gov/file-repository/cjis/download-active-entries-in-the-nics-indices-as-of-december-31-2023.pdf https://www.regulations.gov Vol. 91, no. 14 Office of the Federal Register, National Archives and Records Administration 2026-01-22 continuing daily deposited born digital 169 p. Table of Contents: AE 2.7: GS 4.107: AE 2.106: KF70.A2 https://www.govinfo.gov/app/details/FR-2026-01-22 P0b002ee1dd5cc056 0097-6326 0042-1219 0364-1406 769-004-00000-9 000582072 f:fr22ja26 https://www.govinfo.gov/app/details/FR-2026-01-22 https://www.govinfo.gov/content/pkg/FR-2026-01-22/pdf/FR-2026-01-22.pdf https://www.govinfo.gov/content/pkg/FR-2026-01-22/xml/FR-2026-01-22.xml fdlp 2679 2838 DGPO 2026-01-22 2026-01-22 FR-2026-01-22 machine generated eng FR FR-2026-01-22 91 14