By Michele Evans / NYweeklyRecord.com / Date: 8/11/2026
Category: Public Safety / Gun Violence / Government Accountability / New York
NEW YORK CITY, NY –
New York is leading a multistate challenge to a sweeping federal effort that could weaken or eliminate dozens of gun safety regulations covering background checks, gun dealers, online sales and the records police use to solve shootings.
Attorney General Letitia James announced on August 10 that New York and 22 other attorneys general filed 13 comment letters opposing proposed changes from the Bureau of Alcohol, Tobacco, Firearms and Explosives. Since May, ATF has proposed rolling back or eliminating 32 firearms regulations.
The rules have not been repealed yet. They are proposals moving through the federal comment process, which means public agencies, state governments, industry groups and residents can submit evidence before final decisions are made.
What New York Says Is at Risk
The coalition says the proposals could weaken Brady Act background checks by allowing some people with state-issued permits to buy guns without a new federal check. The attorneys general warn that approach could create openings for prohibited purchasers and gun traffickers.
Another proposal would narrow federal firearm prohibitions tied to serious mental-health adjudications. The coalition says ATF itself acknowledged that change could increase the risk of mass-casualty incidents. That risk assessment belongs to the states and remains contested as the rulemaking process continues.
The states also object to changes affecting who must obtain a federal firearms license. They argue that a less clear standard could allow more sellers to operate without background checks or sales records, undercutting reforms Congress enacted through the Bipartisan Safer Communities Act after the mass shootings in Buffalo and Uvalde.
Online gun transactions are another flash point. ATF is considering remote identity verification for some purchases. The coalition says that could make it easier for minors, traffickers and people barred from possessing guns to evade face-to-face verification.
Records That Follow the Gun
For New York police and prosecutors, the fight is also about evidence.
Licensed dealers complete Form 4473 for firearm sales. Those records contain information used to confirm residency, identify purchasers and trace guns recovered after crimes. The proposed revisions would alter proof-of-residency requirements and extend how long a completed background check remains valid.
ATF is also considering a requirement that certain gun records be destroyed after 20 or 30 years instead of being retained indefinitely. The attorneys general say those records can remain essential decades later when a weapon surfaces in a homicide, trafficking case or cold investigation.
Other proposed changes would alter identifying information collected on federal forms. The coalition argues that poorly designed revisions could make tracing less reliable while creating confusion for lawful gun purchasers.
Dealers, Straw Purchases and Interstate Risks
The coalition is challenging a proposal that would raise the threshold for finding that a licensed gun dealer willfully violated federal law. Because willful violations can support license revocation, the states say a tougher standard could make it harder to shut down dealers that repeatedly break the rules.
Another proposal could change how federal law identifies illegal straw purchases, in which one person buys a firearm for someone who cannot legally purchase it. New York and the other states warn that ambiguity could open a path for prohibited buyers.
The attorneys general also oppose changes that could make it easier to import military-style firearms or components, remove required youth handgun safety notices and eliminate current guidance governing stabilizing braces that can turn pistols into shoulder-fired weapons.
One proposal would expand protections for transporting firearm accessories across state lines. The coalition says that could allow accessories banned in New York to be carried into the state under federal travel protections.
A Regulatory Fight, Not a Final Result
The attorneys general describe the proposed rollbacks as unlawful, unsupported by evidence and inconsistent with federal statutes and Supreme Court precedent. They also argue ATF did not adequately consult states or explain the evidence behind some changes.
Those are the coalition’s legal and policy claims, not court findings. ATF can answer the states’ objections, revise the proposals or defend its reasoning before issuing any final rules.
That distinction matters. The 13 letters are part of an administrative record. If ATF adopts final rules, that record could shape future lawsuits over whether the agency followed the Administrative Procedure Act and stayed within the authority Congress gave it.
Why New Yorkers Should Care
New York has some of the nation’s strongest state gun laws, but firearms and accessories cross borders. Federal background checks, dealer records and tracing systems are national infrastructure. When those systems weaken elsewhere, New York investigators can still feel the impact.
The state’s challenge is therefore bigger than a fight between one attorney general and a federal agency. It is a test of whether rules built over decades can be dismantled without clear evidence, meaningful consultation or a transparent accounting of the public-safety costs.
ATF may revise, abandon or finalize the proposals after reviewing comments. Until then, the rules remain in flux and the outcome is not settled.
What is settled is the scale of the confrontation. Thirty-two regulations touch nearly every stage of the gun market, from who may sell and buy a firearm to how investigators trace it years later. New York is putting its objections on the record now, before those protections disappear.
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