ATF proposes to define "sex" on firearms and explosives forms as immutable biological classification
- 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
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
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Selecting Biological Sex on ATF Forms
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).
Sources
- federalregister.gov/documents/2026/05/06/2026-08932/selecting-biological-sex-on…(opens another site)
- govinfo.gov/content/pkg/FR-2026-05-06/html/2026-08932.htm(opens another site)
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.