1. United States
  2. Ariz.
  3. Letter

Oppose ATF's Proposed 'Biological Sex' Rule on Firearms Forms

To: Sen. Kelly, Rep. Hamadeh, Sen. Gallego

From: A verified voter in Phoenix, AZ

May 5

I'm asking you to oppose the ATF's proposed rule titled 'Selecting Biological Sex on ATF Forms.' The Second Amendment protects the right to bear arms without regard to gender or gender identity, and this rule creates an unconstitutional barrier for transgender Americans. The rule adds a penalties of perjury clause to firearms and explosives forms, making any mismatch a felony punishable by five years in prison. This puts transgender gun owners in an impossible position. Those who have legally updated their IDs in one of the 40 states that allow it must either mark their 'biological sex' and face scrutiny and likely denial at the counter, or match their ID and risk felony prosecution. With a five-year statute of limitations, any trans person who buys a gun could face charges years later if law enforcement decides to investigate. The ATF claims this is about consistency, but the historical record shows otherwise. All three regulations were finalized together in 1981, with only the machine gun regulation including perjury language. Every administration from Reagan forward concluded it wasn't necessary for firearms forms. This rule isn't about clarity. It's designed to discourage trans people from exercising their constitutional rights by forcing private dealers to deny sales, avoiding the legal challenges a direct ban would face. Constitutional rights don't depend on gender identity. Oppose this rule.

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