New York State Office of the Attorney General

08/10/2026 | Press release | Distributed by Public on 08/10/2026 08:28

Attorney General James Co-Leads Multistate Effort Opposing Trump Administration’s Sweeping Rollback of Gun Safety Protections

August 10, 2026

NEW YORK - New York Attorney General Letitia James today co-led a coalition of 22 other attorneys general in opposing the Trump administration's unprecedented effort to dismantle decades of federal gun safety protections. Since May 2026, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has proposed rolling back or eliminating 32 firearm regulations that help keep guns out of the hands of dangerous individuals, support law enforcement investigations, and prevent illegal gun trafficking. Through 13 comment letters submitted over the last week, Attorney General James and the coalition argue that the proposed rules are unlawful, unsupported by evidence, and would make communities across the country less safe while benefiting the gun industry at the expense of public safety.

"Every New Yorker deserves to feel safe in their community. These reckless proposals would make it easier for dangerous weapons to fall into the wrong hands while making it harder for law enforcement to stop gun violence and solve crimes," said Attorney General James. "The Trump administration is trying to erase decades of bipartisan progress that has helped reduce gun violence and save lives. We are calling on ATF to abandon these unlawful proposals and uphold its responsibility to protect the public instead of putting the interests of the gun industry first."

In the comment letters, Attorney General James and the coalition argue that ATF's proposals would dismantle longstanding protections that Congress enacted to reduce gun violence, combat illegal firearms trafficking, and support law enforcement. The attorneys general argue that many of the proposed rules exceed ATF's statutory authority, conflict with federal law and Supreme Court precedent, disregard congressional intent, and fail to satisfy the requirements of the Administrative Procedure Act. The attorneys general also note that many of the proposals were issued without adequate evidence or explanation, without required consultation with the states, and appear to reflect undisclosed influence from the firearms industry.

If enacted, the proposed rules would:

  • Weaken Brady Act background checks. The bipartisan Brady Act of 1993, enacted after the attempted assassination of President Reagan, imposed strict background check requirements. The ATF's proposal would allow individuals with certain state-issued permits to purchase firearms without undergoing the federally required background check, creating new opportunities for prohibited purchasers and gun traffickers to obtain firearms.
  • Narrow federal mental health prohibitions. The ATF seeks to significantly limit the categories of people prohibited from possessing firearms because of serious mental illness, even while acknowledging in its own comments that the proposal could increase the risk of mass casualty events.
  • Reopen dangerous loopholes for unlicensed gun dealers. The ATF's regulation would create confusion about who must obtain a federal firearms license, with the risk that more sellers will operate without conducting background checks or maintaining sales records. The proposal would undermine reforms enacted in the Bipartisan Safer Communities Act in response to the Tops mass shooting in Buffalo, as well as the Uvalde school shooting.
  • Erode identity verification for online firearm purchases. By allowing remote identity verification for online gun purchases, this unlawful proposal would make it easier for children, gun traffickers, and individuals at risk of hurting themselves or others to obtain weapons. The attorneys general contend that this proposal violates the Gun Control Act and Supreme Court precedent, while granting weapons manufacturers' wish list.
  • Create new loopholes for straw purchases. A "straw purchase" occurs when someone buys a gun on behalf of another person who is legally barred from buying one themselves, such as a convicted felon. The ATF proposal would create confusion about which purchases should be treated as illegal straw purchases, at the risk of creating a dangerous loophole through which prohibited individuals can obtain firearms.
  • Make it harder to hold rogue gun dealers accountable. Federal law allows ATF to revoke the license of a gun dealer who "willfully" violates the law. The ATF now wants to raise the bar for what counts as a "willful" violation, making it far harder to strip dangerous dealers of their licenses. The attorneys general argue this change contradicts decades of settled law and would gut the federal licensing system that keeps guns out of the wrong hands.
  • Make it easier to import military-style weapons and parts. Through two separate proposals, ATF wants to make it easier to import guns and gun parts into the United States, with a specific focus on assault weapon components and military-style firearms, despite federal restrictions intended to protect public safety.
  • Eliminate youth handgun safety notices. Gun dealers are required to post written notices about the Youth Handgun Safety Act. These notices warn buyers about the dangers that handguns pose to young people and make clear that transferring a handgun to someone under 18 is generally illegal. The attorneys general argue that ATF wrongly claims it lacks authority to require these notices, ignores their proven benefits, and is inviting an increase in gun violence.
  • Create dangerous confusion over stabilizing braces. Stabilizing braces are typically used to convert pistols into more lethal, shoulder-fired weapons. The ATF wants to rescind an existing rule that clarified how these devices are regulated, without creating any replacement. The states argue that leaving a regulatory vacuum is reckless and that ATF failed to weigh the public safety costs and enforcement confusion that will result.
  • Allow banned gun accessories to cross state lines. The ATF seeks to improperly expand federal travel protections, including in ways that would allow people to transport dangerous gun accessories across state lines into states where they are banned, such as New York.
  • Undercut firearms transaction records relied on by law enforcement. Form 4473 is the record a licensed dealer must complete for every firearm sale, and it is a critical tool for law enforcement. The ATF's proposed changes would weaken proof-of-residency requirements and extend the validity of background checks, reducing the reliability of the records law enforcement agencies rely upon to investigate gun crimes.
  • Complicate firearm tracing. Changes to how identifying information is collected on ATF forms to ask people about biological sex would hinder law enforcement's ability to trace crime guns while creating unnecessary confusion for lawful purchasers and potentially violating their Second Amendment rights.
  • Destroy records needed to solve crimes. Currently, records tracking the chain of custody and sale of firearms must be kept indefinitely, which is essential for law enforcement to be able to effectively investigate crimes involving guns. The ATF wants to require their destruction after just 20 or 30 years. The states warn that this would directly harm public safety and law enforcement investigations and prosecutions.

In addition to these proposals, last month Attorney General James and the coalition submitted a comment letter opposing five proposed changes to regulations implementing the National Firearms Act, which governs machine guns, silencers, and short-barreled rifles and shotguns. The coalition also submitted a separate comment letter opposing proposed revisions to ATF Form 4473 that would make it easier for straw purchasers to obtain firearms and more difficult for law enforcement to trace crime guns.

Joining Attorney General James in filing these comment letters are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Virginia, Washington, and the District of Columbia.

New York State Office of the Attorney General published this content on August 10, 2026, and is solely responsible for the information contained herein. Distributed via Public Technologies (PUBT), unedited and unaltered, on August 10, 2026 at 14:28 UTC. If you believe the information included in the content is inaccurate or outdated and requires editing or removal, please contact us at [email protected]