The Trump administration's proposed new rules on gun ownership are designed to intimidate transgender individuals from purchasing firearms, according to pro-Second Amendment activists.
A new rule by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) would mandate that all new gun owners list their birth sex on mandatory purchase paperwork, even if they have legally or medically changed their gender. Firearms policy experts argue that this would enable the ATF to compile lists of trans gun owners by identifying discrepancies between names and listed sex.
The rule could also deter trans people from buying guns legally, as complying with the paperwork creates a Catch-22 situation: providing false information carries the threat of federal charges and imprisonment. Patrick G. Eddington, a senior fellow at the Cato Institute, stated, "Just the announcement is going to have a chilling effect." He added that the administration aims to collect data on individuals who do not fit its definition of male and female, effectively creating a registry by gender identity.
Uncertain Status and Broader Context
The policy's current status remains unclear. Initially confirmed to Oregon's Eugene Weekly last June, ATF officials later softened their language but confirmed they are updating policies in line with Trump's January 2025 executive order, which denies federal recognition of transgender identities. This follows reports that the Department of Justice is considering rules to bar or restrict trans Americans from owning guns by declaring them mentally unfit.
A series of high-profile mass shootings involving trans suspects—at a Catholic church in Minnesota, a Tennessee private school, and a hockey rink in Rhode Island—have killed at least 20 people. While statistics show most mass shooters are young white males, conservative media and activists have called for trans people to be institutionalized or treated as domestic terrorists.
Senior administration officials have not embraced such calls but have taken steps to expand surveillance. In February 2025, the Department of Homeland Security scrapped rules against spying based on gender identity, and the Justice Department has subpoenaed hospitals for information about trans patients.
Impact on Gun Buyers
Buying a gun from a licensed dealer requires filling out ATF Form 4473. Lying on the form is a felony punishable by up to $250,000 in fines and five years in prison, or ten years if the lie is deemed material. The form currently asks for "sex" and ethnicity. Trump's executive order requires all federal forms to ask only about birth sex and bans promoting "gender ideology."
Erin Palette, national coordinator of the LGBT+ gun group Pink Pistols, argued that the change would put trans people in an impossible bind. If they list their gender identity, they could face charges for false statements; if they list their birth sex, it may conflict with their appearance or documents. Intersex individuals face similar dilemmas.
"That Catch-22 is not a safety measure. It is a trap," Palette said. Eddington called it a "felony trap" that gives ATF agents latitude to assert false statements. Both believe the policy is intended to deter trans people from exercising their Second Amendment rights.
Surge in LGBT+ Gun Ownership
Despite the proposed restrictions, interest in LGBT+ gun clubs has surged. Pink Pistols reported a 68 percent increase in active chapters since November 2024. The Liberal Gun Club saw membership nearly double, and the National African American Gun Association reported a spike in inquiries. Many cite fears of civil unrest and violence from right-wing militants, as well as incidents like the killing of anti-ICE protester Alex Pretti by federal agents.
Palette noted that Form 4473 was changed during Trump's first term to include a "non-binary" option, raising no objection at the time. She called the current proposal "inherently discriminatory and unconstitutional."
