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justice-department

(35 articles)

Open for Comment: Civil Money Penalty for Actions in Contempt of an Immigration Judge's Proper Exercise of Authority

Justice Department — This notice of proposed rulemaking ("NPRM") would implement a provision of the Immigration and Nationality Act ("INA" or "the Act") that authorizes Immigration Judges, under regulations prescribed by the Attorney General, to sanction by civil money penalty any action (or inaction) in contempt of the proper exercise of their authority by certain individuals. The rule would: define the scope of the contempt authority; provide procedures for contempt findings, penalty determinations, and penalty payment; establish an appellate process; and implement oversight of the use of contempt authority. The rule would also make conforming changes to the grounds for practitioner discipline. (60 days remaining)

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Open for Comment: Designation of Phenethyl Halides as List I Chemicals

Justice Department — The Drug Enforcement Administration is proposing the control of phenethyl halides as list I chemicals under the Controlled Substances Act (CSA). Phenethyl halides are important to the illicit manufacture of fentanyl, as well as fentanyl analogues, and fentanyl- related substances as they are often used in synthetic routes to manufacture these substances. Further, in the respective synthetic routes in which they are used to manufacture fentanyl, fentanyl analogues, and fentanyl-related substances, various phenethyl halides, such as phenethyl bromide and phenethyl chloride, can be substituted for each other. If finalized, the proposed rule would subject handlers of phenethyl halides to the chemical regulatory provisions of the CSA and its implementing regulations. This proposed rulemaking does not establish a threshold for domestic and international transactions of phenethyl halides. As such, all transactions of phenethyl halides regardless of size or concentration, shall be regulated and would be subject to control under the CSA. (31 days remaining)

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Open for Comment: Schedules of Controlled Substances: Placement of Tianeptine in Schedule I

Justice Department — The Drug Enforcement Administration proposes placing the substance tianeptine (7-[(3-chloro-6,11-dihydro-6-methyl-5,5- dioxidodibenzo[c,f][1,2]thiazepin-11-yl)amino]heptanoic acid), including its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the existence of such isomers, esters, ethers, salts, and salts of isomers, esters, and ethers is possible, in schedule I of the Controlled Substances Act. If finalized, this action would impose the regulatory controls and administrative, civil, and criminal sanctions applicable to schedule I controlled substances on persons who handle (manufacture, distribute, reverse distribute, import, export, engage in research, conduct instructional activities or chemical analysis with, or possess) or propose to handle tianeptine. (30 days remaining)

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Open for Comment: Fingerprint and Photograph Requirements for Firearms Applications

Justice Department — The Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF") proposes amending regulatory requirements to submit fingerprints and photographs with firearms applications. Currently, applicants must submit 2" x 2" passport-style photographs and either one or two fingerprint cards, depending on the application type. ATF proposes that all applicants, whether individuals or responsible persons ("RPs") for entity applicants, could instead submit a copy of a photo ID, and that individuals and Gun Control Act RPs would submit just one fingerprint card. RPs under the National Firearms Act would submit one fingerprint card only if needed to facilitate a background check. (91 days remaining)

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Open for Comment: Schedules of Controlled Substances; Removal of Exemption Status for Inactive Butalbital Products

Justice Department — The Drug Enforcement Administration (DEA) proposes to revoke the exempted status for certain nonnarcotic prescription products that are currently on DEA's Table of Exempted Prescription Products list but whose National Drug Code (NDC) is inactive because they are no longer available and/or the company that applied for the exemption no longer exists. If finalized, these products would be removed from DEA's Table of Exempted Prescription Products list, and they would no longer be considered exempt prescription products under the Controlled Substances Act. This action will not impact exempted prescription products with active NDC numbers. (30 days remaining)

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Open for Comment: Schedules of Controlled Substances: Placement of Diphenidine in Schedule I

Justice Department — The Drug Enforcement Administration proposes placing diphenidine (1-(1,2-diphenylethyl)piperidine), including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible, in schedule I of the Controlled Substances Act. This action is being taken, in part, to enable the United States to meet its obligations under the 1971 Convention on Psychotropic Substances. If finalized, this action would impose the regulatory controls and administrative, civil, and criminal sanctions applicable to schedule I controlled substances on persons who handle (manufacture, distribute, reverse distribute, import, export, engage in research, conduct instructional activities or chemical analysis with, or possess) or propose to handle diphenidine. (30 days remaining)

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Open for Comment: Revision of Applications for Manufacturing and Procurement Quotas

Justice Department — The Drug Enforcement Administration (DEA) proposes to revise existing regulations relating to the management of quotas for schedule I and II controlled substances and the list I chemicals, ephedrine, pseudoephedrine, and phenylpropanolamine, to be utilized by DEA- registered manufacturers. This rule is being proposed to: restructure DEA's manufacturing and procurement quota regulations for more clarity and consistency; clarify which use-specific subcategories for quotas should be used for controlled substances that will be sold domestically and controlled substances that will be exported; and revise the applications for individual manufacturing and procurement quota. The changes are necessary to increase visibility into the controlled substance supply chain by providing DEA with more detailed information allowing the agency to react more precisely in preventing drug shortages; and to ensure that enough of the schedule I and II controlled substances and three list I chemicals can be manufactured to meet estimated scientific, medical, lawful export, and inventory needs. This rule also contains revisions to use gender neutral language and other non-substantive revisions. (61 days remaining)

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Open for Comment: Revising Firearms Transaction Record, “Form 4473”

Justice Department — The Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF") is proposing to amend Department of Justice ("Department") regulations governing ATF Form 5300.9, Firearms Transaction Record, ("Form 4473"). Specifically, ATF proposes streamlining identity and residence verification requirements and documents; doubling the performance timeframe for transactions under Form 4473 following a National Instant Criminal Background Check System ("NICS") check; permitting electronic forms and notice, auto-populating, and attached copies; addressing private party transfers and firearms handler checks; incorporating ATF rulings and other guidance; further aligning regulations with statutory text; and making minor technical revisions. (85 days remaining)

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Open for Comment: Defining “Willfully” for Firearms Violations

Justice Department — The Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF") proposes to define the term "willfully" in Department of Justice ("Department") regulations that implement the Gun Control Act. (86 days remaining)

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Open for Comment: Converting Temporary to Permanent Imports for Defense Articles

Justice Department — The Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF") proposes to amend Department of Justice ("Department") regulations regarding the permanent import provisions of the Arms Export Control Act ("AECA"). The proposed rule would allow importers to apply for ATF authorization to convert items imported temporarily-- under a Department of State ("DOS") authorization or under the entry clearance requirements for temporary imports in the Export Administration Regulations ("EAR") maintained by the Department of Commerce ("DOC")--to permanent imports in compliance with other applicable federal firearms laws, without having to export and then reimport the items. (86 days remaining)

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Open for Comment: Joint Registration for Spouses Under the National Firearms Act

Justice Department — The Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF") proposes amending Department of Justice ("Department") regulations to authorize spouses to file a joint application to make, transfer or receive, and register a firearm under the National Firearms Act ("NFA"). If the joint application is approved, both spouses would have a joint right to make or possess the firearm(s), and transferring the firearm(s) between the registered spouses would not constitute a further transfer within the meaning of the NFA, thus not requiring a transfer application. (57 days remaining)

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Open for Comment: Firearm Activities in Foreign Trade Zones, Customs-Bonded Warehouses

Justice Department — The Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF") proposes amending the definition of "importation" in the implementing regulations for the Gun Control Act ("GCA") and the National Firearms Act ("NFA"). Specifically, the rule proposes to create an exclusion from the GCA and NFA's import requirements for items brought into a customs-bonded warehouse ("CBW") (in addition to the existing exclusion for a foreign-trade zone ("FTZ")). The proposed modification to the definition would also remove the condition that items may be brought into FTZs and CBWs only "for storage." The proposed rule does not exempt merchandise from any applicable customs requirements. (87 days remaining)

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Open for Comment: Importing Dual-Use Frames, Receivers, or Barrels

Justice Department — The Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF") proposes amending Department of Justice ("Department") regulations to clarify that federal firearms licensees ("FFLs") may lawfully import frames, receivers, or barrels that may be used on both sporting and non-sporting firearms ("dual-use frames, receivers, or barrels") if, at the time imported, there is an identified firearm sporting configuration for the frame, receiver, or barrel. Further, once the frame, receiver, or barrel is in the United States, a dual-use frame, receiver, or barrel may be used to assemble a sporting, non- sporting, or National Firearms Act ("NFA") firearm, provided assembling such firearm complies with other federal firearms laws. (87 days remaining)

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Open for Comment: Revising Non-Over-the-Counter Firearms Transaction Requirements

Justice Department — Federal law permits federal firearms licensees ("FFLs") to transfer firearms to a person residing in the same state but who does not appear in person. These are "non-over-the-counter" ("NOTC") sales. The Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF") proposes amending Department of Justice ("Department") regulations on NOTC sales. These proposed changes would remove restrictions limiting this option to background check-exempt transfers. The proposed rule would permit FFLs to conduct NOTC transfers while complying with background check requirements and adds remote identity proofing and electronic notices to chief law enforcement officers. These changes would provide greater flexibility for individuals lawfully purchasing firearms. (89 days remaining)

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Open for Comment: Firearms Electronic Record-Keeping

Justice Department — The Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF") proposes amending Department of Justice ("Department") regulations to authorize federal firearms licensees ("FFLs" or "licensees") to generate, maintain, and store records in an electronic record-keeping system. (89 days remaining)

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Open for Comment: Interstate Transport and Temporary Export of National Firearms Act Firearms

Justice Department — The Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF") proposes amending Department of Justice ("Department") regulations for transporting firearms registered under the National Firearms Act ("NFA") in interstate or foreign commerce. ATF proposes to no longer require that persons transporting certain NFA firearms within the United States for short-term purposes (365 days or fewer) submit notice to ATF and await approval before transporting; and that persons transporting certain NFA firearms within the United States for long-term purposes (more than 365 days) or for permanent relocation would no longer have to await approval after submitting notice before transporting. (89 days remaining)

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Open for Comment: Revising Definitions of “Adjudicated as a Mental Defective” and “Committed to a Mental Institution”

Justice Department — The Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF") proposes amending Department of Justice ("Department") regulations to update the definitions of "adjudicated as a mental defective" and "committed to a mental institution." (90 days remaining)

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Open for Comment: Removing Youth Handgun Safety Act Notice

Justice Department — The Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF") proposes to remove Department of Justice ("Department") regulations regarding the Youth Handgun Safety Act. If finalized, this rule would remove the requirement that federal firearms licensees who deliver handguns to non-licensees post signs and provide written notice regarding the Act's provisions to each handgun purchaser. (90 days remaining)

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Open for Comment: Firearm Records Retention Periods

Justice Department — The Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF") proposes to amend Department of Justice ("Department") regulations establishing records retention periods for federal firearms licensees' ("FFLs" or "licensees") acquisition and disposition ("A&D") records, and the retention period for records the National Tracing Center ("NTC") receives. Specifically, ATF is proposing these records be retained for a specific period rather than indefinitely, and is considering either 20 or 30 years for the specified period. ATF is also proposing a brief retention period for forms used to facilitate private-party transfers or to conduct voluntary firearm handlers checks. (89 days remaining)

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Open for Comment: Update to Proscribed Countries for Import Restrictions

Justice Department — The Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF") is proposing to amend Department of Justice ("Department") regulations to remove the existing, outdated list of proscribed countries from which ATF denies applications to permanently import defense articles and services and update it to reference a Department of State list of proscribed countries. The rule also proposes to remove the list of former Soviet countries from which ATF currently denies applications to permanently import most firearms and ammunition, leaving only the Russian Federation as the proscribed country of origin for these imports. (61 days remaining)

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Open for Comment: Removing CLEO Notification Under the National Firearms Act

Justice Department — The Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF") proposes amending Department of Justice ("Department") regulations to remove the requirement that a copy of all applications to make or transfer a firearm subject to the National Firearms Act, and the specified form for responsible persons, as applicable, be forwarded to the chief law enforcement officer of the locality in which the applicant/transferee or responsible person is located. (61 days remaining)

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Open for Comment: Importing Training Rounds

Justice Department — The Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF") proposes amending Department of Justice ("Department") regulations to clarify that certain training rounds do not meet the definition of "ammunition" as defined by the Gun Control Act and are not regulated by the Arms Export Control Act. Less-than-lethal ammunition, which is distinct from training rounds, will still generally be considered ammunition. (90 days remaining)

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Open for Comment: Allowing Makers To Adopt Certain Markings for National Firearms Act Firearms

Justice Department — The Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF") proposes amending Department of Justice ("Department") regulations to allow persons making National Firearms Act ("NFA") firearms to adopt certain markings previously placed on the firearm to comply with NFA marking requirements. (61 days remaining)

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Open for Comment: Clarifying Interstate Transportation of Firearms Under the Gun Control Act

Justice Department — The Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF") proposes amending Department of Justice ("Department") regulations to clarify that, for purposes of transporting firearms interstate, any activities that are reasonably necessary to transportation such as staying overnight in temporary lodging, stopping for food, fuel, vehicle maintenance, an emergency, or medical treatment, or transiting between modes of transportation, are considered "transport" and thus protected by the Gun Control Act provision that addresses interstate transport of firearms. The proposed rule also addresses transporting ammunition and firearm accessories between states and the requirements for securing firearms during such transit. (90 days remaining)

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Open for Comment: Clarifying Delivery to a Common or Contract Carrier When Transporting Firearms

Justice Department — The Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF") proposes amending Department of Justice ("Department") regulations to clarify that, for purposes of the Gun Control Act of 1968, a person who travels aboard a common or contract carrier while in possession of a firearm or ammunition is not considered to have "delivered" or "caused to be delivered" said firearm or ammunition to the common or contract carrier, provided that the person possesses and maintains direct control over the firearm or ammunition for the duration of the trip. (90 days remaining)

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Open for Comment: Clarifying Exceptions to the Brady Act Background Check Requirement

Justice Department — The Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF") proposes amending Department of Justice ("Department") regulations to clarify when a state's firearms-related permit meets the requirements under the Gun Control Act of 1968, as amended, as an alternative to the National Instant Criminal Background Check System check and includes minor changes to ensure that the regulatory language adheres closely to the language used in the statute. (90 days remaining)

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Open for Comment: Revising Regulations Defining “Engaged in the Business” as a Dealer in Firearms

Justice Department — The Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF") is proposing to revise regulations implementing the "engaged in the business" definition from the Bipartisan Safer Communities Act ("BSCA"). Although Congress defined that term in BSCA, the Department of Justice ("Department") provided additional definitions in its implementing regulations to further define terms within the statutory definition and to include examples of covered activities that established rebuttable presumptions of being engaged in the business of dealing in firearms. This rule proposes to remove those changes. ATF has determined that the changes have not shown the expected impact on federal firearms licensee applications, administrative licensing actions, civil forfeitures, or other anticipated effects. (90 days remaining)

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Open for Comment: Adding Component Definitions Under the Arms Export Control Act

Justice Department — The Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF") proposes amending Department of Justice ("Department") regulations to include terms that the United States Munitions List uses to describe the composition of defense articles ("compositional terms"). Specifically, the proposed rule would amend Department regulations that implement the Arms Export Control Act ("AECA") to define the compositional terms "component," "accessories and attachments," and "part" for purposes of permanent imports under the AECA. (61 days remaining)

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Open for Comment: Firearms Transactions and Straw Purchases

Justice Department — The Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF") proposes amending Department of Justice ("Department") regulations to provide clarity for conduct prohibited by federal law commonly referred to as a straw purchase. (90 days remaining)

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Open for Comment: Clarifying Special (Occupational) Tax Payments Per Business Activity

Justice Department — The Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF") proposes amending Department of Justice ("Department") regulations to clarify that a person engaged in the business of dealing, importing, or manufacturing firearms regulated under the National Firearms Act must pay a special (occupational) tax ("SOT") for each business activity conducted at the same location. However, they are not required to pay a tax for each license they have at that location if the licenses are for the same type of business activity. The rule proposes clarifying that licensees pay one SOT per business activity (manufacturing, importing, or dealing). (61 days remaining)

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Open for Comment: Definition of Business Premises

Justice Department — The Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF") proposes amending Department of Justice ("Department") regulations to clarify that the term "business premises" includes properties that adjoin each other; or that are adjacent to each other and adjoin the same parking lot, sidewalk, or road. (90 days remaining)

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Open for Comment: Transferring Machine Guns Between Qualified Licensees

Justice Department — The Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF") proposes amending Department of Justice ("Department") regulations to update the procedure for transferring machine guns between qualified manufacturers, importers, or dealers. Specifically, the proposed rule would simplify the regulatory requirements for such machine gun transfers pursuant to requests to demonstrate firearms to a government entity or due to a licensee discontinuing business. The proposed changes would allow the implementing regulations to more closely mirror the statutory authority provided by the Gun Control Act. (61 days remaining)

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Open for Comment: Removing Factoring Criteria for Firearms With Attached “Stabilizing Braces”

Justice Department — The Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF") is proposing to amend Department of Justice ("Department") regulations on firearms with attached stabilizing braces. Courts have found that ATF's revisions in the 2023 final rule on the same topic violated the Administrative Procedure Act. Several courts have enjoined, stayed, or vacated the final rule, which has rarely been in effect. ATF is therefore proposing to remove from the regulatory definitions of "rifle" the two paragraphs added by the 2023 final rule that defined the term "designed or redesigned, made or remade, and intended to be fired from the shoulder." (90 days remaining)

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Open for Comment: Selecting Biological Sex on ATF Forms

Justice Department — The Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF") proposes amending Department of Justice ("Department") regulations to make clear that when individuals complete ATF forms for firearms or explosives, they should select their biological sex under the question on "sex." (90 days remaining)

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Open for Comment: Certification Process for State Capital Counsel Systems

Justice Department — Chapter 154 of title 28, United States Code, provides special procedures for federal habeas corpus review of cases brought by prisoners in state custody who are under a sentence of death. The special procedures are available to States that the Attorney General has certified as having established mechanisms for the appointment, compensation, and payment of reasonable litigation expenses of competent counsel in state postconviction proceedings brought by indigent prisoners, and as providing standards of competency for the appointment of counsel in these proceedings. This rule would remove impediments to certification that chapter 154 does not authorize and would enable more prompt decisions on States' requests for certification. (57 days remaining)

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