The final rule would adopt, with minor revisions, an interim final rule issued in February 2002 that implemented the provision of Public Law 105-277, Making Omnibus Consolidated and Emergency Supplemental Appropriations, for fiscal year 1999, that prohibit with certain exceptions, the transfer to and possession of firearms by noncitizens admitted to the United States under a nonimmigrant visa. 

In 2011, the Department determined that the relevant statutory prohibitions on transfer and possession of firearms and ammunition apply only to noncitizens who were admitted to the United States under a nonimmigrant visa, and that the prohibitions do not apply to noncitizens who lawfully entered the United States without a visa (e.g., the Visa Waiver Program). A final rule published on June 6, 2012, made conforming changes to the regulations. Other provisions of the 2002 rule that were not finalized by the 2012 final rule will be finalized by this final rule under this RIN.