Firearm Law Enforcement

Last reviewed October 31, 2026

Firearm Law Enforcement: Where It Stands in 2026

Federal firearm enforcement looks very different in 2026 than it did just two years ago. After years of aggressive dealer revocations and rulemaking aimed at law-abiding owners, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has been redirected toward violent crime and away from paperwork prosecutions of licensed dealers and ordinary gun owners.

The turn began on April 7, 2025, when the Department of Justice and ATF repealed the 2021 “zero tolerance” Enhanced Regulatory Enforcement Policy, which had pushed license revocations for minor recordkeeping errors. In February 2025, Executive Order 14206, “Protecting Second Amendment Rights,” ordered a review of every federal action that burdens the right to keep and bear arms. On April 29–30, 2026, the Senate confirmed Robert Cekada, a career ATF agent who had been running day-to-day operations as deputy director, as ATF Director, and the Justice Department released a package of more than 30 regulatory changes ATF calls its “New Era of Reform.”

The biggest enforcement shift for everyday owners came on October 9, 2026, when ATF announced it would not enforce National Firearms Act registration and approval requirements for suppressors, short-barreled rifles, short-barreled shotguns and AOWs, following the Silencer Shop Foundation v. ATF ruling and the Justice Department’s decision not to appeal. Machine guns and destructive devices remain fully regulated, and Form 4473 and NICS background checks still apply at the dealer counter. Details are covered at NFA Buyers Guide.com and Suppressor Buyers Guide.com.

State and local enforcement is moving in the opposite direction in some states, where new storage, permit and “assault weapon” laws continue to expand what can turn a lawful owner into a defendant. Where a gun owner lives still decides most of the legal risk.

Key Facts

  • April 7, 2025: DOJ and ATF repealed the 2021 “zero tolerance” FFL inspection policy and opened reviews of the pistol brace and “engaged in the business” rules.
  • February 2025: Executive Order 14206, “Protecting Second Amendment Rights,” directed a review of federal gun regulations and enforcement practices.
  • April 29–30, 2026: Robert Cekada confirmed as ATF Director; DOJ announced 30+ regulatory changes, including proposed repeal of the 2023 brace rule and the 2024 “engaged in the business” rule.
  • October 9, 2026: ATF announced nationwide non-enforcement of NFA registration and approval for suppressors, SBRs, SBSs and AOWs; machine guns and destructive devices are unchanged.
  • NSSF-adjusted NICS checks totaled 14,612,314 in 2025, down 4.1 percent from 15,239,011 in 2024 (NSSF, January 2026).
  • ATF has roughly 2,400 special agents and about 670 industry operations investigators (Federal News Network, June 2026).

What Gun Owners Should Know

  • Federal non-enforcement is a policy, not a repeal. A statute can be enforced again by a future administration, so keep every NFA approval, receipt and transfer record.
  • State law can be stricter than federal law. Check your state attorney general or state police firearms unit before buying, carrying or traveling.
  • Follow open rulemakings and submit comments; see the ATF Comment Periods page.
  • Track the cases driving these changes on the Court Cases page and key dates at Gun Calendars.com.
  • Questions about a specific situation can be submitted at Ask Gun Questions.com, but a firearms attorney is the right call for anything involving charges or an investigation.

Sources

Background and Resources

Firearm law enforcement in the United States

At the federal level, the Bureau of Alcohol, Tobacco, Firearms and Explosives (bATFe) is responsible for enforcing federal firearm laws, which include regulations on the manufacture, sale, and possession of firearms. The ATF conducts criminal investigations related to firearms trafficking, illegal firearms sales, and the unlawful possession of firearms, and works with other law enforcement agencies to bring charges against individuals who violate federal firearm laws.

Firearm law enforcement is also carried out by state and local agencies, which may have their own laws and regulations related to firearms. State police departments and sheriff’s offices often work in conjunction with federal agencies to enforce firearm laws, and may also conduct their own investigations and prosecutions related to firearms crimes.

Enforcement of firearm laws can take many forms, including criminal investigations, compliance inspections of firearms dealers and manufacturers, and outreach and education programs aimed at promoting responsible firearms ownership.

2A Resource Workbook 2021 6th Draft19ATF

the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) enforces regulations on the manufacturing, importation, and distribution of firearms, as well as the licensing of firearms dealers and manufacturers.

  • 1791 first tax on whiskey
  • 1792 ATF Began under Internal Revenue
  • 1862 Bureau of Internal Revenue
  • 1919 Prohibition
  • 1927 became Prohibition Unit
    – Bureau of the U.S. Department of the Treasury
    – new mission of crime fighting
  • 1930 transferred to the U.S. Department of Justice
  • 1933 prohibition ended
  • 1933 Alcohol Tax Unit (ATU)
    – of the Internal Revenue Service
    –  U.S. Department of the Treasury
  • 1951 Bureau of Internal Revenue became the Internal Revenue Service
    – ATU absorbed the Miscellaneous Tax Unit
    – responsible for collecting taxes on tobacco
    – regulatory provisions of the National Firearms Act of 1934
  • 1952  Internal Revenue Service consolidated internal enforcement as the “Alcohol and Tobacco Tax Division”
  • 1960s Moonshine
  • 1968 Omnibus Crime Control Act & Gun Control Act (GCA)
    – jurisdiction over destructive devices
  • 1970 Organized Crime Control Act
  • 1971 became the Alcohol, Tobacco and Firearms Division
  • 1972 became independent Bureau
    – reports directly to the U.S. Department
  • 1970s investigation of illicit alcohol, to crimes involving firearms, explosives, and arson
  • 1992 Branch Davidians, Waco, Texas
  • 2016 collected a total of $68,614,000 from NFA firearms
  • 2020, ATF had 5,082 employees, including 2,653 special agents and 760 industry operations investigators. Its FY 2020 enacted budget was approximately $1.4 billion

https://www.atf.gov/about-atf/budget-performance

https://www.atf.gov/firearms/docs/report/2021-firearms-commerce-report/download


FBI

  • NICS

How many firearms do the FBI, ATF and other law enforcement loose each year on average?

According to a report by the Government Accountability Office (GAO) in 2019, between 2014 and 2018, the ATF reported losing a total of 624 firearms, while the FBI reported losing a total of 276 firearms. These numbers include lost or stolen firearms, as well as those that were destroyed or damaged.

Here’s a breakdown of the number of firearms lost or stolen by these agencies in each of the five years between 2014 and 2018, according to the same GAO report:

ATF:

  • 2014: 109
  • 2015: 105
  • 2016: 109
  • 2017: 136
  • 2018: 165

FBI:

  • 2014: 38
  • 2015: 49
  • 2016: 63
  • 2017: 43
  • 2018: 83

It’s worth noting that these numbers may not be comprehensive or completely accurate, as reporting lost or stolen firearms is not always consistent across agencies, and some cases may go unreported.