What: Firearms Policy Coalition (FPC) and FPC Action Foundation (FPCAF) filed comments with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) on the proposed “Revising Definition of ‘Unlawful User of or Addicted to Controlled Substance’” rule, which would revise the agency’s definition of who is considered an “unlawful user of or addicted to a controlled substance” and therefore prohibited from possessing firearms under federal law.
Who: FPC and FPCAF filed comments on behalf of the organizations and their members throughout the United States.
When: June 30, 2026.
Where: The comments were filed with the ATF in Washington, D.C.
Why: The proposed changes represent a significant step toward bringing ATF’s regulations into conformity with the Constitution. However, FPC and FPCAF make clear that the Supreme Court’s recent Hemani decision requires the agency to make additional changes to prevent unconstitutional disarmament of peaceable people. The comments also explain that, even apart from the Second Amendment, Congress lacks constitutional authority to broadly disarm peaceable people under its Commerce Clause power—a position advanced by FPC and cited by Justice Thomas in his Hemani concurrence.
Quotes: “The ATF has finally begun dismantling one of its unconstitutional regulatory schemes, but halfway isn’t good enough. The Supreme Court has now confirmed what FPC has argued for years: the federal government cannot broadly disarm peaceable Americans merely because they use controlled substances. And Justice Thomas’s concurrence underscores another fundamental truth FPC has argued for years: Congress has no general police power to do so in the first place. FPC will continue Fighting Forward until the federal government stops treating constitutional rights as privileges to be withdrawn at the stroke of a bureaucrat’s pen.” — FPC President Brandon Combs
“The Supreme Court in Hemani did not simply reject the government’s historical arguments—it reaffirmed that the Constitution demands individualized constitutional analysis, not broad categorical disarmament. Our comments explain why ATF should finish aligning its regulations with the Second Amendment, the Supreme Court’s guidance, and the Constitution’s structural limits on federal power.” — FPCAF President Cody Winsniewski
Contact: [email protected]
About Firearms Policy Coalition
Firearms Policy Coalition (FPC) is a nonprofit membership organization that exists to create a world of maximal individual liberty and eliminate unconstitutional gun control laws. FPC works—and wins—for the People through high-impact strategic litigation, groundbreaking research, legislative and regulatory advocacy, grassroots activism, education, and public engagement. FPC’s legal division, FPC Law, is the nation’s leading initiative dedicated to restoring the right to keep and bear arms across the United States. To learn more about how FPC is working—and winning—for the People, sign up for FPC news alerts at firearmspolicy.org and follow FPC on X, Instagram, and Facebook.
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