ATF 2026 Rulemaking Package Under EO 14206: What It Means for New York

What the 2026 Federal Package Is

Executive Order 14206 was issued on February 7, 2025. It directed the Attorney General to examine federal actions affecting Second Amendment rights, including rules administered by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and to propose a plan of action.^[1]

On April 29, 2026, the Department of Justice and ATF announced that they would release 34 notices of final and proposed rulemaking following that review.^[2] These notices do not all have the same legal status. Some are final rules. Others are proposals that do not change the law unless and until a final rule is issued.

Bump-Stock Rule: Final

A final rule effective May 6, 2026 revised the federal regulatory definition of machine gun to conform to Garland v. Cargill. The Supreme Court held in 2024 that a bump stock does not convert a semiautomatic rifle into a machine gun under the federal statutory definition.^[3]

That federal change does not repeal New York's separate prohibition. Penal Law Section 265.01-c makes knowing possession of a rapid-fire modification device a Class A misdemeanor, and New York's definition expressly includes bump stocks and other listed devices.^[4]

Stabilizing-Brace Rule: Proposed

ATF published a proposed rule on May 6, 2026 that would remove the factoring criteria adopted in the 2023 stabilizing-brace rule. The proposal is not a final rule. Its public comment period closes August 4, 2026.^[5]

Even if the federal proposal becomes final, New York classification and licensing rules remain a separate analysis under Penal Law Sections 265.00 and 400.00. A person should not infer that a configuration is lawful in New York merely because its federal treatment changes.^[6]

Controlled-Substance Rule: Effective, With a Later Court Decision

An interim final rule effective January 22, 2026 revised the federal regulatory definition of an unlawful user of a controlled substance. The rule focuses on regular use over an extended period continuing into the present and replaces inferences based on a single incident of use.^[7]

On June 18, 2026, the Supreme Court affirmed that the federal government had not justified applying 18 U.S.C. Section 922(g)(3) to the respondent in United States v. Hemani. The decision was an as-applied ruling based on the government's prosecution theory and evidence.^[8]

New York licensing law separately provides that a license may not be issued or renewed unless the applicant is not an unlawful user of or addicted to a controlled substance. It also separately addresses good moral character, qualifying arrest warrants, and fugitive status.^[9]

Engaged in the Business: Proposed

Congress broadened the federal statutory definition of when a person is engaged in the business of dealing in firearms in the Bipartisan Safer Communities Act of 2022. The Department of Justice adopted implementing regulations in 2024. A May 6, 2026 proposed rule would remove additional regulatory definitions and presumptions from that 2024 rule, but the proposal does not amend the statutory definition and is not final. Its public comment period closes August 4, 2026.^[10]

New York's private-transfer requirement remains separate. General Business Law Section 898 generally requires private sales, exchanges, or disposals of firearms, rifles, and shotguns to be processed through a dealer, subject to the statute's immediate-family and licensed-party exceptions.^[11]

What This Means in New York

The 2026 federal package must be read notice by notice. A final federal rule can change federal treatment without changing New York law. A proposed rule does not change either federal or New York law by itself. New York owners, dealers, and license applicants must check both systems before changing conduct.