1. United States
2. Mich.
3. Letter

I am writing to urge you to oppose any proposed changes to ATF Form 4473 that would require applicants to list their "biological sex at birth" rather than their gender identity. This seemingly technical modification would create an unconstitutional barrier to Second Amendment rights for transgender Americans. The Justice Department is reportedly considering this regulatory change, which would create an impossible bureaucratic catch-22. If a transgender woman lists "male" on the form but her government-issued ID shows "female," the dealer may lawfully refuse the sale due to the mismatch. If she lists "female" to match her ID, she risks being accused of making a false statement on a federal form, an offense punishable by up to five years in prison. Either scenario effectively bars the applicant from purchasing a firearm. This proposal violates the fundamental principle that constitutional rights cannot be denied based on sex-based discrimination. The Second Amendment protects the right of all law-abiding citizens to keep and bear arms. Creating regulatory obstacles that selectively deny this right to transgender Americans sets a dangerous precedent for restricting constitutional protections through administrative procedures. Harvard Law instructor Alejandra Caraballo has warned that this pattern could expand beyond firearms to other federal programs, forcing transgender people to either out themselves or risk losing benefits and facing criminal charges. Similar issues are already occurring with immigration forms and FAFSA applications. Even the NRA publicly condemned this proposal when it surfaced in September following reporting by the Daily Wire. The current mechanism appears designed to sidestep opposition from gun rights organizations through subtle regulatory changes rather than transparent legislation. I urge you to publicly oppose this proposed rule change and work with colleagues to ensure that administrative agencies cannot use regulatory procedures to circumvent constitutional protections. The Second Amendment must be defended for all law-abiding Americans without exception.