ATF proposes to define "sex" on firearms and explosives forms as immutable biological classification

Proposed ruleDOJ

Date
Actor
Bureau of Alcohol, Tobacco, Firearms and Explosives, Department of Justice (Docket ATF-2026-0010; RIN 1140-AA64)
Agency
Department of Justice (DOJ)
Type
Proposed rule
Section
SUPPLEMENT: THE GOVERNMENT-WIDE CFR 'TERMINOLOGY' RULEMAKINGS ARE ONLY PARTIALLY CAPTURED — TSA'S MAY 2025 FINAL RULE AND THE AUGUST 2026 FDA COMMENT REOPENING ARE MISSING

Summary

Proposes to amend 27 CFR 478.21, 479.21, and 555.21 to specify that "sex" as used on ATF forms means "an individual's immutable biological classification as either male or female" and excludes gender identity; to require applicants to select their biological sex; and to conform perjury language across the three parts. The forms affected include the Firearms Transaction Record (Form 4473) used at every federally licensed dealer sale, National Firearms Act transfer applications, and federal explosives licenses and permits. Because Form 4473 is executed under penalty of perjury and is the basis for NICS background-check identity matching, the definition operates on transgender purchasers whose identity documents bear a different designation. Unlike the other CFR terminology actions, this one proceeds by notice and comment. ATF cites E.O. 14168; the preamble does not discuss transgender applicants.

Status

Pending. Comment period closed August 4, 2026; no final rule published in the Federal Register as of August 21, 2026. (See also section 3.)

As recorded in the data of . Check the sources for anything newer.

Documents

Sources

Cite this action

Selecting Biological Sex on ATF Forms, 91 Fed. Reg. 24,462 (proposed May 6, 2026) (to be codified at 27 C.F.R. pts. 478, 479, 555).

Short form: 91 Fed. Reg. at 24,462.