Call to Action: ATF Proposed Rule “Selecting Biological Sex on ATF Forms”

We’ll keep this one brief: the feds are attacking trans folks’ right to own firearms.

This is not the first time that transgender people’s Second Amendment rights have come under threat from the Trump administration, but this is several steps beyond the usual transphobic rhetoric.

In the ATF’s own words:

This proposed rule would amend the language of 27 CFR 478.21, 479.21, and 555.21 to explain that “sex” as required by any ATF form (1) means an individual’s immutable biological classification as either male or female, and (2) is not a synonym for and does not include the concept of gender identity.

This cannot be interpreted as anything but an attack on transgender folks. Codifying a legal requirement to select one’s “biological sex” when completing ATF paperwork effectively means trans gun buyers will either need to commit a felony by falsifying their purchasing forms, or not purchase firearms commercially at all. At best, this new rule would be yet another example of gender essentialist transphobia ensconced in federal regulations, not to mention introducing more opportunities for error and misfiling on both the applicant and federal ends of the process. At worst, it is the first step in disarming and subjugating an already oppressed minority group.

Those are the broad strokes. Others have already written more extensively and eloquently on the matter, so check out Trans News Network’s article on the subject, including an interview with the inimitable Tacticool Girlfriend

Most importantly, this is a call to action: Every one of us needs to go to the public information page for this proposed ATF rule before the deadline of August 4th, 2026, and click the “Comment” button near the top left.

It’s important that you write an original comment rather than copying and pasting someone else’s suggested text. Identical comments will likely be automatically screened, and thus will have less impact than many individual comments, even if they’re slightly shorter or less comprehensive.

https://www.regulations.gov/document/ATF-2026-0010-0001

Hope for the best, prepare for the worst. If you know any trans folks considering a firearm purchase, help them make an informed decision before this rule might go into effect. You should already be aware of local and federal laws regarding straw purchases, private party firearm sales, the so-called “gunshow loophole,” etc. but it can’t hurt to brush up on your knowledge. Like gender, the law is a social construct that has real impacts on our lives.

We keep us safe.