- United States
- Mich.
- Letter
I'm writing to demand you oppose the ATF's proposed rule requiring gun buyers to list their birth sex on Form 4473. This policy serves no purpose except to harass and target transgender people.
The rule creates an impossible situation. Lying on Form 4473 is a federal felony with up to $250,000 in fines and 5-10 years in prison. Trans people who list their current gender identity could face charges for false statements. But listing birth sex could also be treated as false information if it no longer matches their legal documents or appearance. This Catch-22 is designed to intimidate trans Americans out of exercising their Second Amendment rights.
Patrick G. Eddington of the Cato Institute calls this a "de facto registry of people by gender identity." While vendors hold these records, the ATF's broad inspection powers mean the government could identify trans gun owners by flagging where names conflict with listed sex. This comes as the Justice Department weighs declaring trans people inherently mentally unfit for gun ownership and as DHS scrapped rules against spying on people based solely on gender identity.
Ironically, Trump's first administration added "non-binary" to Form 4473 with no objection. This reversal isn't about safety. It's unconstitutional discrimination meant to chill the lawful conduct of a minority group.