By THE ALASKA STORY
May 22, 2026 – The Bureau of Alcohol, Tobacco, Firearms and Explosives is proposing a rule change to eliminate fake gender identity, as it relates to firearm purchases, and federal record-keeping . The agency insists the move is not aimed at restricting gun ownership for self-identified “transgender” Americans.
The proposed rule, published in the Federal Register earlier this month under docket number 1140-AA64, would redefine the meaning of “sex” on federal firearms forms to mean a person’s immutable biological sex at birth, rather than gender identity adopted later as a lifestyle. It’s all about the chromosomes.
At the center of the debate is ATF Form 4473, the federal Firearms Transaction Record completed during firearm purchases from licensed dealers. The form is used to conduct National Instant Criminal Background Check System, or NICS, screenings.
The proposed rule would remove the “non-binary” option that was added to the form in 2020 under the Biden Administration and require buyers to select either male or female based on biological sex, which is normally determined at birth or even before. The change follows President Donald Trump’s Executive Order 14168, titled “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.”
The rule is intended to improve consistency between federal databases and firearms background check systems, not to prohibit firearm ownership by transgender or non-binary Americans, the ATF says.
ATF Chief Counsel Robert Leider has said that any claims saying the proposal amounts to a backdoor trans gun ban are inaccurate. He said the FBI’s criminal record systems are primarily keyed to biological sex, and the rule is meant to simplify matching records during background checks.
“The rule is just a matter of coordinating which sex somebody selects on the form,” Leider said in the interview, adding that dealers should proceed with firearm transfers if buyers are otherwise legally eligible.
The ATF has also indicated it plans to issue additional guidance for firearms dealers dealing with situations in which a customer’s government-issued identification reflects a different gender indication than the sex listed on Form 4473.
The proposal is one part of a broader ATF regulatory package containing roughly three dozen changes aimed at what the agency describes as modernization and clarification of firearms regulations. Some of the proposals would reduce restrictions on interstate firearm transportation and clarify rules surrounding straw purchases and dealer compliance.
LGBTQ gun-rights advocacy group Pink Pistols and other opponents contend the rule creates what they call a “Catch-22” for transgender purchasers: A buyer could face scrutiny if the sex listed on the federal form conflicts with their appearance or state-issued identification, but could also risk allegations of making a false statement if they follow their gender identity rather than the biological definition required by the form.
The group says the rule may discourage lawful firearm purchases by transgender Americans even if it does not explicitly prohibit ownership.
Federal law currently prohibits firearm ownership for categories such as convicted felons, certain domestic abusers, and individuals formally adjudicated as mentally defective or involuntarily committed. The proposed ATF rule does not alter those statutory prohibitions.
The rule is currently in its public comment period, which is expected to remain open until early August. After reviewing comments, the ATF could revise, finalize, or withdraw the proposal. More at this ATF link.
