08/03/2026
Today, auctioneers had a seat at the table with the ATF.
As a member of the National Auction Association's Advocacy Cornerstone, this is one of the most MONUMENTAL meetings we have been a part of. Finally, after decades of confusion surrounding ATF regulations under the “Estate- Type Auction” Exemption, we are opening up dialog to gain much needed clarification for auction professionals.
On August 3, 2026, I joined NAA President Mike Fisher, NAA CEO Allison Mazzei, Advocacy Cornerstone Chair Jay Cash, and NAA Government Affairs/Lobbyist Carl Mica in a meeting with ATF Director Robert Cekada, ATF's Chief Counsel, and members of the bureau's leadership team to discuss the proposed rule defining when a person is "engaged in the business" of dealing in fi****ms.
The last substantive dialogue between the ATF and the auction industry produced ATF Ruling 96-2 nearly thirty years ago. Everything since has been built on interpretation rather than conversation. Two federal fi****ms bills and multiple rulemakings have come and gone without sitting down with the people who actually conduct auctions. Today that changed.
What is at stake for licensed auctioneers who sell fi****ms?
An auctioneer selling a firearm on behalf of a third-party consignor is doing something fundamentally different from an individual buying and reselling for profit, which is well defined under the 1968 Gun Control Act. Auctioneers often act as fiduciaries for estates, widows, families, and collectors under ATF Ruling 96-2, commonly known as the “Estate- Type Auction Exemption.” These auctioneers don't own the inventory, they represent the seller. When a federal rule defines "engaged in the business" without accounting for that role, the outcome isn't safer commerce. It's confusion, inconsistent enforcement, and uncertainty on how to lawfully liquidate a lifetime collection.
We did not ask for a carve-out. We asked for clarity.
We shared the auction industry's perspective, walked through where the current framework creates real-world compliance problems, and offered practical recommendations. These recommendations included: clarifying possession regulations based on current operational practices, properly defining “Estate- Type Auctions,” encouraging Type- 1 Dealer Licenses for auctioneers, and calling for continued dialog between auction industry professionals and the ATF.
I'll be candid: I worked very hard to ensure the Advocacy Cornerstone prioritized fi****ms auction issues during our strategic planning sessions, and to organize a meeting with Director Cekada. But I want to make it clear that no one person gets a meeting like this and achieves the goals we set in our planning sessions. Mike Fisher brought the operator's perspective from decades of experience in the auction industry. Allison Mazzei built the framework that got us in the room. Jay Cash and my fellow Advocacy Cornerstone members helped open the door and kept it open. NAA leadership backed the effort. I am proud to carry part of the effort, but I am even more proud to carry it alongside people who care about getting it right.
The National Auction Association will submit formal comments before the public comment deadline, and this dialogue will continue into technical sessions with ATF leadership.
If you're an auctioneer, an FFL, an estate attorney, or a collector who has run into the gray areas in this rule, I urge you to comment before the deadline. Your experience is evidence, and evidence is what informs regulating bodies and propels the auction and fi****ms industries forward. Please don’t be afraid to reach out if you want help understanding how the proposed rule may affect your operation.
Nearly two decades in fi****ms auction, appraisal, and FFL compliance has taught me one thing: the industry doesn't get represented unless someone shows up. Today we showed up.
B.T. McGovern, CAI
The Sporting Auctioneer- Two Alpha Auctions- Marshall, Michigan
NAA Advocacy Cornerstone
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