Comment on FR Doc # 2026-08915

I generally support the proposed removal of the requirement to add additional markings to firearms that become NFA firearms through a Form 1 or other lawful registration process. As both an FFL dealer and manufacturer, I understand the value of additional markings. They can make it easier to identify NFA firearms when paperwork is unavailable or when a firearm has lost its chain of custody. However, after giving the issue considerable thought and discussing it with legal counsel, I believe mandatory remarking ultimately creates more issues than it solves. Additional markings can unnecessarily draw attention to a firearm and may invite scrutiny from individuals who are unfamiliar with the complexities of NFA law. In many cases, the markings provide little practical benefit to the owner while permanently altering the firearm. That said, removing the marking requirement creates legitimate concerns for FFLs and others who may lawfully come into possession of firearms without accompanying NFA documentation. Use Case #1 – Trade-Ins and Pawn Transactions A customer brings a receiver or lower receiver into a gun store or pawn shop for sale or trade. How does the FFL determine whether the item was previously registered as an NFA firearm? Without a practical method of verification, a dealer could unknowingly acquire or transfer an NFA firearm in violation of federal law. Use Case #2 – Estate, Court-Ordered, and Custodial Possession I recently worked on a matter involving a court-ordered inventory and storage of firearms related to a civil action. In situations involving estates, divorces, bankruptcies, law enforcement seizures, abandoned property, or court-ordered transfers, the firearms may be delivered without paperwork. If NFA firearms are no longer marked, how is an FFL, estate administrator, trustee, or court-appointed custodian expected to determine whether a particular firearm is subject to the NFA? Use Case #3 – State and Local Law Enforcement The same issue applies to non-federal law enforcement agencies. State and local officers regularly encounter firearms during investigations, traffic stops, evidence collection, property seizures, and court proceedings. In many cases, they have no practical way to determine whether an apparent NFA firearm is lawfully registered. A secure verification system would allow authorized personnel to determine whether a firearm is registered in the NFA system, reducing confusion and helping prevent the unnecessary seizure of lawfully possessed firearms. For these reasons, I believe the best solution is not mandatory firearm marking, but rather providing authorized users with a limited ability to query the NFA registry using a firearm's manufacturer, model, and serial number. This could be done through E-forms, much like querying for stolen firearms. Such a system should support wildcard and soft-match searches because many older registrations were paper-filed and often contain inconsistencies in manufacturer names, model designations, abbreviations, punctuation, spacing, or serial number entries. An exact-match-only system would likely fail to identify many legitimate records. Access could be appropriately limited based on the user's role. For example, FFLs could receive a simple confirmation that a firearm is registered as an NFA item, while law enforcement agencies could receive information necessary to determine whether a firearm is lawfully registered during the course of their official duties. Providing a secure verification tool would: • Eliminate the need for additional permanent markings on firearms. • Reduce the risk of inadvertent NFA violations. • Assist dealers, manufacturers, pawnbrokers, trustees, estate administrators, and court-appointed custodians. • Assist state and local law enforcement in identifying lawfully registered NFA firearms. • Improve compliance while reducing unnecessary burdens on firearm owners. • Provide a practical means of identifying NFA firearms when documentation is unavailable. In summary, I support removing the mandatory marking requirement, provided that ATF implements a practical method for FFLs and authorized law enforcement agencies to verify NFA status through the NFA registry. Such an approach would achieve the compliance goals of the NFA while reducing unnecessary marking requirements and preserving the appearance and value of lawfully owned firearms.