January 27, 2026

ATF Interim Final Rule on “Unlawful User” — Comments Due June 30, 2026

ATF just published an Interim Final Rule (IFR) that revises the regulatory definition of “unlawful user of or addicted to any controlled substance” in 27 CFR 478.11—effective January 22, 2026—and they’re requesting public comments through June 30, 2026.

Why You Should Care (even if you don’t think you do)

This definition is one of the levers behind 18 U.S.C. 922(g)(3) decisions—i.e., who is prohibited, how NICS denials happen, and how “drug-related incidents” get interpreted in the real world.

What ATF changed (in plain English)

ATF is moving away from a “single incident can equal unlawful user” approach and aligning the definition with how courts and ATF field practice have been trending:

“Addicted” is framed as a pattern of compulsive use with impaired control.
“Unlawful user” is now defined as someone who regularly uses a controlled substance over an extended period of time continuing into the present (without a lawful prescription, or in a manner substantially different than prescribed).
ATF explicitly says this is not limited to use on a particular day (or days right before firearm activity)—the focus is regularity + recency showing someone is actively engaged in unlawful use.
ATF also clarifies who is not an unlawful user: someone who has ceased regular unlawful use, whose use is isolated/sporadic, or someone who deviates only slightly/immaterially from a lawful prescription.

ATF's Stated Reasons For Change

ATF states the prior framework contributed to confusion and inconsistent outcomes, including people being erroneously denied firearms, and that the IFR is an interim measure to stop erroneous denials tied to the old “inference examples.”

They also describe how NICS denial activity and ATF referral practices have diverged from the older regulatory inferences, noting that in FY 2025 NICS denied ~9,163 transfers under 922(g)(3), and most were not referred for further investigation.

Commenting Matters (and FFLs should weigh-in)

This rule will influence how prohibited-person determinations get operationalized—in NICS workflows, enforcement referrals, and how “current use” is understood.

ATF is explicitly asking for feedback before they finalize it.

If you’ve ever dealt with:

questionable denials tied to thin “one-off” drug records,
delayed denials and retrieval issues,
unclear “current use” standards that put your counter staff in the crosshairs,

…this is your lane to comment.

How To Submit a Comment

Submit through Federal Register

by Mail to

ATF Rulemaking Comments
Mail Stop 6N-518
Office of Regulatory Affairs
Enforcement Programs and Services
Bureau of Alcohol, Tobacco, Firearms, and Explosives
99 New York Ave. NE
Washington, DC 20226
ATTN: RIN 1140-AB03

Deadline: June 30, 2026 (the portal stops accepting comments at midnight Eastern on the last day).

Need Help Commenting?

If you want, contact us with:

What type of operations you run (retail, manufacturing, import / export, online sales, NFA, location(s), etc.)
What type of FFL(s) you hold (Type 01, Type 02, Type 06, etc.)
Any real-world “922(g)(3) / denial / delayed denial” pain points, and what you think the definition should say in practice,

…and FFLGuard help you turn that into a clean, well articulated comment that actually helps ATF land this correctly.

Chaos is the new normal—but the rulebook still gets written one comment at a time.

— FFLGuard Team
888.335.4731
info@FFLGuard.com