Blair Holt Firearm Owner Licensing and Record of Sale Act of 2026
- Sponsor
- Sen. Duckworth, Tammy [D-IL]
- Committees
- Judiciary Committee (primary)
- Last action
- Jun 24, 2026
Bottom line
This bill creates a comprehensive federal regulatory framework for firearm ownership and transfers, requiring licenses for owners of specific firearms and establishing a national record of sale system.
What it actually does
This bill establishes a comprehensive federal firearm owner licensing system for individuals possessing "qualifying firearms" (handguns and certain semiautomatic rifles), mandates a national record of sale system for these firearms, and introduces universal background checks for all firearm transfers. It also creates new prohibitions related to record-keeping, reporting lost or stolen firearms, change of address, and child access prevention, while repealing the existing prohibition on a national firearms registry.
Proponents argue
Supporters argue the bill is a necessary step to reduce gun violence by restricting access for prohibited individuals, ensuring responsible gun ownership through rigorous licensing and training, and improving law enforcement's ability to trace firearms used in crimes. They highlight the increasing number of mass shootings and gun-related deaths as evidence of the urgent need for such comprehensive federal measures.
Opponents contend
Opponents would likely argue that the bill infringes upon Second Amendment rights by creating burdensome licensing and registration requirements, which they view as a precursor to confiscation. They would contend it disproportionately affects law-abiding citizens and would not deter criminals, who would obtain firearms through illicit channels regardless of new laws, while also raising significant privacy concerns.
The bill is moderately lengthy and introduces significant new federal programs and prohibitions, requiring careful reading to understand its full scope and implications.
Sec. 101, adding 18 U.S.C. 922(aa)
Federal Firearm Owner Licensing Requirement
This provision makes it unlawful for individuals (excluding licensed dealers, manufacturers, etc.) to possess a "qualifying firearm" (handguns and certain semiautomatic rifles) without a valid federal Firearm Owner License (FOL) or a certified State firearm license after an applicable date (1-2 years post-enactment). It includes exemptions for law enforcement, military, supervised minors, and individuals at shooting ranges or participating in hunting, aiming to ensure that only authorized individuals possess these specific types of firearms.
Supporters argue
Supporters argue this establishes a baseline for responsible gun ownership, ensuring individuals possessing these firearms have undergone background checks and are not prohibited persons, thereby reducing gun violence and enhancing public safety.
Critics contend
Opponents contend this is an unconstitutional infringement on the Second Amendment, creating a barrier to firearm ownership for law-abiding citizens and potentially leading to a national gun registry, which they view as a step towards confiscation.
Tradeoffs
Balances public safety concerns by restricting firearm access to vetted individuals with concerns about individual Second Amendment rights and potential administrative burdens on law-abiding citizens.
Sec. 102, adding 18 U.S.C. 923(m)
Federal Firearm Owner License Application and Issuance Process
This section details the application process for a federal FOL, requiring personal information, certifications regarding prohibited status (e.g., mental health, criminal history, age), fingerprints, and a fee. The Attorney General must conduct a fingerprint-based background check and issue a tamper-resistant card within 30 days if requirements are met. It also outlines procedures for denial, revocation, and renewal, including a requirement to surrender licenses and transfer qualifying firearms upon denial or revocation, ensuring a comprehensive vetting process.
Sec. 103, adding 18 U.S.C. 925(g)
Appeal Process for License Denial or Revocation
This provision establishes a process for individuals to seek relief from a denied or revoked firearm owner license. Applicants can apply to the Attorney General for relief, who may grant it if the applicant demonstrates they are not a public safety risk. If denied by the Attorney General, individuals can petition a U.S. district court for judicial review, with a hearing required within 72 hours and the Attorney General bearing the burden of proof by clear and convincing evidence, ensuring due process for applicants.
Sec. 201, adding 18 U.S.C. 922(cc)
Federally Mandated Record of Sale or Transfer
This section makes it unlawful to sell, deliver, or transfer a qualifying firearm to, or receive one from, an unlicensed person unless a licensed dealer processes the transaction. The transferee must present a valid federal or certified state firearm owner license, which the dealer verifies with the Attorney General or state agency, and records a tracking authorization number, ensuring all qualifying firearm transfers are officially documented.
Sec. 202, adding 18 U.S.C. 935 and amending 18 U.S.C. 926(a)
Federal Firearm Record of Sale System Establishment
This section mandates licensed dealers to submit reports of qualifying firearm transfers to the Attorney General (or certified state agency) within 14 days, including firearm details and the transferee's license number. It requires the Attorney General to establish and maintain a Federal record of sale system within 270 days of enactment. Crucially, it strikes the existing prohibition on establishing a national firearms registry (18 U.S.C. 926(a)), paving the way for a centralized federal database.
Sec. 301, adding 18 U.S.C. 922(dd)
Universal Background Checks for All Firearm Transfers
This provision makes it unlawful for unlicensed persons to transfer any firearm (not just qualifying firearms) to another unlicensed person unless a licensed dealer first takes possession and processes the transfer, complying with all existing background check requirements. It includes exceptions for specific family transfers (spouses, parents/children, siblings, etc.), temporary transfers for self-defense, and temporary transfers at shooting ranges or for hunting under supervision, aiming to close the "private sale loophole."
Sec. 302, adding 18 U.S.C. 922(ee)
Prohibition on Failure to Maintain or Permit Record Inspection
This provision makes it unlawful for licensed manufacturers or dealers to fail to comply with the new firearm record requirements (Sec. 935) or to fail to maintain records or supply information as required by the Attorney General for compliance ascertainment. This ensures that the integrity of the new federal record-keeping system is upheld and that federal authorities have the necessary access to information to verify compliance with the Act's mandates.
Sec. 303, adding 18 U.S.C. 922(ff)
Mandate to Report Lost or Stolen Qualifying Firearms
This provision makes it unlawful for any person who owns a qualifying firearm to fail to report its loss or theft to the Attorney General within 72 hours of discovery. This requirement is intended to help law enforcement track firearms that may enter illicit channels and to prevent their use in crimes, thereby enhancing public safety and aiding in criminal investigations.
Sec. 304, adding 18 U.S.C. 922(gg)
Mandate to Report Change of Address for License Holders
This provision makes it unlawful for any individual issued a federal firearm owner license to fail to report a change of address to the Attorney General within 60 days. This ensures that the federal government maintains accurate and up-to-date contact information for all license holders, which is critical for the effective administration and enforcement of the new licensing system.
Sec. 305, adding 18 U.S.C. 922(hh)
Federal Child Access Prevention Law
This provision makes it unlawful to keep a loaded firearm, or an unloaded firearm and ammunition, on premises under one's custody or control if one knows or recklessly disregards the risk that a child (under 18) could gain access and use it to cause death or serious injury, or if possession by a child is unlawful. Exceptions include firearms secured with a safety device, law enforcement/military use, lawful self-defense by a child, or no reasonable expectation of a child's presence, aiming to prevent tragic accidents.
Defines "qualifying firearm" as a handgun or a semiautomatic rifle capable of accepting a detachable ammunition feeding device with a capacity of more than 10 rounds. This definition is crucial as it determines which firearms fall under the new licensing and record-of-sale requirements.
Sec. 3(b), amending 18 U.S.C. 921(a)
Why it matters:This is standard legislative practice to consolidate definitions, but its placement can obscure its profound impact on the scope of the bill's regulations.
Case for: Proponents argue that clearly defining the scope of regulated firearms ensures that the most commonly misused firearms in violent crimes are covered, while providing clarity for enforcement and compliance.
Case against: Opponents contend that this definition is overly broad, encompassing many commonly owned firearms, and is designed to expand federal control over a significant portion of the civilian firearm market.
Estimated impact: Significantly expands the scope of federal firearm regulation to include millions of handguns and many popular semi-automatic rifles.
This subsection strikes the second sentence of 18 U.S.C. 926(a), which currently prohibits the establishment of any system of registration of firearms, firearm owners, or firearm transactions.
Sec. 202(b), amending 18 U.S.C. 926(a)
Why it matters:This is a highly consequential change that enables the creation of a national firearms registry, a concept fiercely opposed by gun rights advocates. Its placement might be intended to make it less immediately apparent to a casual reader.
Case for: Proponents argue that repealing this prohibition is essential to allow the federal government to establish a comprehensive and effective record of sale system, which is critical for law enforcement to trace firearms used in crimes.
Case against: Opponents contend that this repeal is a direct and alarming step towards a national firearms registry, which they believe is a precursor to confiscation and a severe infringement on Second Amendment rights and privacy.
Estimated impact: Enables the creation of a national database of firearm sales and potentially ownership, fundamentally altering federal firearm policy.
Allows individuals younger than 21 years old to apply for a firearm owner license if they have written parental or legal guardian consent and have not been convicted of a misdemeanor (other than a traffic offense) or adjudged delinquent.
Sec. 102, adding 18 U.S.C. 923(m)(2)(A)(v)(II)
Why it matters:This is a specific carve-out to the general 21-year age requirement, potentially allowing younger individuals to obtain licenses under strict conditions, which might be a point of contention.
Case for: Proponents argue this provides a pathway for responsible young adults, particularly those involved in hunting or sport shooting, to legally possess firearms under appropriate supervision and parental consent, without imposing an absolute age ban.
Case against: Opponents might argue that allowing individuals under 21 to possess qualifying firearms, even with parental consent, could increase risks, especially given the bill's stated purpose of restricting firearms from youth.
Estimated impact: Creates a limited exception for minors to obtain firearm owner licenses, potentially affecting a small but significant demographic of young firearm users.
Requires firearm owner licenses to include a facsimile of the applicant's rolled fingerprints in an encrypted, embedded, and machine-readable format.
Sec. 102, adding 18 U.S.C. 923(m)(3)(C)(viii)
Why it matters:While a technical detail, the inclusion of biometric data on a federal license for firearm ownership is a significant privacy and security feature that could be overlooked.
Case for: Proponents argue that including biometric data enhances the security and authenticity of the license, making it harder to counterfeit and ensuring that the license holder is the legitimate owner, thereby preventing misuse.
Case against: Opponents would raise significant privacy concerns about the federal government collecting and embedding biometric data on a national license for firearm ownership, fearing potential misuse or unauthorized access to such sensitive information.
Estimated impact: Establishes a federal standard for biometric identification on firearm owner licenses, affecting all license holders.