Home / Agencies / DOJ / 2026-01141
Final Rule

Revising Definition of “Unlawful User of or Addicted to Controlled Substance”

Agency
Document Number
2026-01141
Published
January 22, 2026
Effective Date
January 22, 2026

Abstract

The Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF") is amending Department of Justice ("Department") regulations to update the definition of "unlawful user of or addicted to any controlled substance," a category of persons who may not possess firearms under federal law. This definition was established in 1996 to facilitate operation of the National Instant Criminal Background Check System. Since then, court decisions and ATF internal guidance have evolved to include recurring use as a factor. As a result, ATF is aligning the definition with the best statutory understanding, as informed by judicial decisions.

Federal Register Source

This document is published by the Office of the Federal Register, National Archives and Records Administration. Access the full regulatory text, preamble, and docket comments below.

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Frequently Asked Questions

What is the 2026-01141 Federal Register document?
Document 2026-01141 is a Final Rule published by the Department of Justice in the Federal Register on January 22, 2026, with an effective date of January 22, 2026. The Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF") is amending Department of Justice ("Department") regulations to update the definition of "unlawful user of or addicted to any controlled substance," a category of persons who may not possess firearms under federal law. This definition was established in 1996 to facilitate operation of the National Instant Criminal Background Check System. Since then, court decisions and ATF internal guidance have evolved to include recurring use as a factor. As a result, ATF is aligning the definition with the best statutory understanding, as informed by judicial decisions. View the original at https://www.federalregister.gov/documents/2026/01/22/2026-01141/revising-definition-of-unlawful-user-of-or-addicted-to-controlled-substance.
Is document 2026-01141 an economically significant rule?
No. Document 2026-01141 is not classified as economically significant under Executive Order 12866. Economically significant rules require OIRA review and are estimated to have impacts of $100 million or more per year.
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