Proposed Rule2026-08932
Selecting Biological Sex on ATF Forms
Primary source
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Published
May 6, 2026
Issuing agencies
Justice DepartmentAlcohol, Tobacco, Firearms, and Explosives Bureau
Abstract
The Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF") proposes amending Department of Justice ("Department") regulations to make clear that when individuals complete ATF forms for firearms or explosives, they should select their biological sex under the question on "sex."
Full Text
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<title>Federal Register, Volume 91 Issue 87 (Wednesday, May 6, 2026)</title>
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[Federal Register Volume 91, Number 87 (Wednesday, May 6, 2026)]
[Proposed Rules]
[Pages 24462-24466]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08932]
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DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms, and Explosives
27 CFR Parts 478, 479, 555
[Docket No. ATF-2026-0010; ATF No. 2025R-33P]
RIN 1140-AA64
Selecting Biological Sex on ATF Forms
AGENCY: Bureau of Alcohol, Tobacco, Firearms, and Explosives,
Department of Justice.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Bureau of Alcohol, Tobacco, Firearms, and Explosives
(``ATF'') proposes amending Department of Justice (``Department'')
regulations to make clear that when individuals complete ATF forms for
firearms or explosives, they should select their biological sex under
the question on ``sex.''
DATES: Comments must be submitted in writing, and must be submitted on
or before (or, if mailed, must be postmarked on or before) August 4,
2026. Commenters should be aware that the federal e-rulemaking portal
comment system will not accept comments after midnight Eastern Time on
the last day of the comment period.
ADDRESSES: You may submit comments, identified by RIN 1140-AA64, by
either of the following methods--
<bullet> Federal e-rulemaking portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Follow the instructions for submitting comments.
<bullet> Mail: ATF Rulemaking Comments; Mail Stop 6N-518, Office of
Regulatory Affairs; Enforcement Programs and Services; Bureau of
Alcohol, Tobacco, Firearms, and Explosives; 99 New York Ave. NE;
Washington, DC 20226; ATTN: ATF 1140-AA64.
Instructions: All submissions must include the agency name and
number (RIN 1140-AA64) for this notice of proposed rulemaking (``NPRM''
or ``proposed rule''). ATF may post all properly completed comments it
receives from either of the methods
[[Page 24463]]
described above, without change, to the federal e-rulemaking portal,
<a href="https://www.regulations.gov">https://www.regulations.gov</a>. This includes any personally identifying
information (``PII'') or business proprietary information (``PROPIN'')
submitted in the body of the comment or as part of a related attachment
they want posted. Commenters who submit through the federal e-
rulemaking portal and do not want any of their PII posted on the
internet should omit it from the body of their comment and any uploaded
attachments that they want posted. If online commenters wish to submit
PII with their comment, they should place it in a separate attachment
and mark it at the top with the marking ``CUI//PRVCY.'' Commenters who
submit through mail should likewise omit their PII or PROPIN from the
body of the comment and provide any such information on the cover sheet
only, marking it at the top as ``CUI//PRVCY'' for PII, or as ``CUI//
PROPIN'' for PROPIN. For detailed instructions on submitting comments
and additional information on the rulemaking process, see the ``Public
Participation'' heading of the SUPPLEMENTARY INFORMATION section of
this document. In accordance with 5 U.S.C. 553(b)(4), a summary of this
rule may be found at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Commenters must
submit comments by using one of the methods described above, not by
emailing the address set forth in the following paragraph.
FOR FURTHER INFORMATION CONTACT: Office of Regulatory Affairs, by email
at <a href="/cdn-cgi/l/email-protection#6f203d2e2f0e1b0941080019"><span class="__cf_email__" data-cfemail="eaa5b8abaa8b9e8cc48d859c">[email protected]</span></a>, by mail at Office of Regulatory Affairs; Enforcement
Programs and Services; Bureau of Alcohol, Tobacco, Firearms, and
Explosives; 99 New York Ave. NE; Washington, DC 20226, or by telephone
at 202-648-7070 (this is not a toll-free number).
SUPPLEMENTARY INFORMATION:
I. Background
The Attorney General is responsible for enforcing the Gun Control
Act (``GCA''), as amended, and the National Firearms Act (``NFA''), as
amended.\1\ This includes the authority to promulgate regulations
necessary to enforce the provisions of the GCA and NFA. See 18 U.S.C.
926(a); 26 U.S.C. 7801(a)(2)(A)(ii), 7805(a). Congress and the Attorney
General have delegated the responsibility for administering and
enforcing the GCA and NFA to the Director of ATF (``Director''),
subject to the direction of the Attorney General and the Deputy
Attorney General. See 28 U.S.C. 599A(b)(1); 28 CFR 0.130(a)(1)-(2);
Treas. Order No. 221(2)(a), (d), 37 FR 11696-97 (June 10, 1972).\2\
Accordingly, the Department and ATF have promulgated regulations
implementing both the GCA and the NFA in 27 CFR parts 478, 479.
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\1\ Some NFA and GCA provisions still refer to the ``Secretary
of the Treasury.'' However, the Homeland Security Act of 2002,
Public Law 107-296, 116 Stat. 2135, transferred the functions of ATF
from the Department of the Treasury to the Department of Justice,
under the general authority of the Attorney General. 26 U.S.C.
7801(a)(2); 28 U.S.C. 599A(c)(1). Thus, for ease of reference, this
proposed rule refers to the Attorney General where relevant.
\2\ In Attorney General Order Number 6353-2025, the Attorney
General delegated authority to the Director to issue regulations
pertaining to matters within ATF's jurisdiction, including under the
NFA, GCA, and Title XI of the Organized Crime Control Act. ATF's
jurisdiction also includes those portions of sec. 38 of the Arms
Export Control Act pertaining to permanently importing defense
articles and services and the Contraband Cigarette Trafficking Act.
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Title XI of the Organized Crime Control Act of 1970 (``OCCA''),
Public Law 91-452, 84 Stat. 922 (1970), added chapter 40 (Importation,
Manufacture, Distribution, and Storage of Explosive Materials) to title
18 of the U.S.C.\3\ One of the stated purposes for title XI was to
reduce the ``hazard to persons and property arising from misuse and
unsafe or insecure storage of explosive materials.'' Public Law 91-452,
sec. 1101, 84 Stat. at 952. The Attorney General is responsible for
implementing title XI. See 18 U.S.C. 847. The Attorney General has
delegated that responsibility to the Director, subject to the direction
of the Attorney General and the Deputy Attorney General. See 28 U.S.C.
599A(b)(1), (c)(1); 28 CFR 0.130(a)(1)-(2); Treas. Order No. 221(2)(a),
(d), 37 FR 11696-97 (June 10, 1972). Regulations in 27 CFR part 555
implement title XI.
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\3\ See id.
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ATF's regulations at 27 CFR 478.21, 479.21, and 555.21 authorize
the Director to prescribe forms required to implement the GCA, NFA, and
federal explosives laws. For example, prior to making an over-the-
counter transfer of a firearm to a non-licensee who resides in the same
state as where a licensee is located, the licensee is required to
obtain a ATF Form 5300.9, Firearms Transaction Record, (``Form 4473'')
``showing the transferee's name, sex, residence address . . . , and
date and place of birth . . . .'' 27 CFR 478.124(c). ATF added ``sex''
as a requirement in the regulations in 1998 as part of implementing the
Brady Handgun Violence Prevention Act, Public Law 103-159 (1993). ATF
understands the term ``sex'' as used in its regulations to mean the
binary, biological distinctions between male and female. See, e.g.,
Bibby v. Philadelphia Coca Cola Bottling Co., 85 F. Supp. 2d 509, 515-
16 (E.D. Pa. 2000) (discussing the definition of ``sex'' as the
difference between male and female by referring to a 1993 edition of
the New Shorter Oxford English Dictionary).
On January 20, 2025, President Donald J. Trump issued Executive
Order 14168, Defending Women from Gender Ideology Extremism and
Restoring Biological Truth to the Federal Government, which stated that
`` `Sex' shall refer to an individual's immutable biological
classification as either male or female. `Sex' is not a synonym for and
does not include the concept of `gender identity.' '' Thus, consistent
with Executive Order 14168 and the ordinary meaning of the word ``sex''
as used in statutes and regulations, ATF proposes a rule to resolve any
potential confusion on how to fill out ATF forms. The rule would make
clear that ATF seeks biological sex, consistent with the ordinary
meaning of the regulatory language.
II. Proposed Rule
This proposed rule would amend the language of 27 CFR 478.21,
479.21, and 555.21 to explain that ``sex'' as required by any ATF form
(1) means an individual's immutable biological classification as either
male or female, and (2) is not a synonym for and does not include the
concept of gender identity. ATF proposes to amend 27 CFR 478.21(a) and
555.21(a) by adding two sentences that make clear that ``sex'' on ATF
forms refers to an individual's immutable biological classification as
either male or female and does not include the concept of gender
identity and that individuals should select their biological sex. ATF
also proposes adding to Sec. 478.21(a) and Sec. 555.21(a) a sentence
that reads, ``Each form shall be executed under penalties of perjury,
if the form or the regulation so provide.'' A ``penalties of perjury''
clause is already present in Sec. 479.21(a), and this rule would
simply add this language for consistency and clarity in parts 478 and
555.
For 27 CFR 479.21(a), ATF proposes adding a sentence to explain
that ``sex'' on ATF forms refers to an individual's immutable
biological classification as either male or female and does not include
the concept of gender identity and that persons completing the form
should select their biological sex. Additionally, ATF proposes to amend
the existing ``penalties of perjury'' language for clarity so it reads,
``Each form shall be executed under penalties of perjury, if the form
or the regulation so provide.''
This rule also proposes to make a technical edit to correct the
authority
[[Page 24464]]
citation line for 27 CFR part 478 to read as: 5 U.S.C. 552(a); 18
U.S.C. 847, 921-934; 44 U.S.C. 3504(h).
III. Statutory and Executive Order Review
A. Executive Orders 12866 and 13563
Executive Order 12866 (Regulatory Planning and Review) directs
agencies to assess the costs and benefits of available regulatory
alternatives and, if regulation is necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13563 (Improving Regulation and Regulatory Review)
emphasizes the importance of agencies quantifying both costs and
benefits, reducing costs, harmonizing rules, and promoting public
flexibility.
The proposed rule would amend 27 CFR 478.21, 479.21, and 555.21 to
clarify the meaning of ``sex'' on ATF firearms and explosives forms in
accordance with Executive Order 14168. The Office of Management and
Budget (``OMB'') has determined that this rule would not be a
``significant regulatory action'' under Executive Order 12866, as the
rule merely proposes to clarify the ordinary meaning of a word in ATF's
regulations. There are no changes to ATF standards or compliance
requirements; therefore, ATF anticipates no costs or benefits accruing
from this proposed rule.
B. Executive Order 14192
Executive Order 14192 (Unleashing Prosperity Through Deregulation)
requires an agency, unless prohibited by law, to identify at least ten
existing regulations to be repealed or revised when the agency publicly
proposes for notice-and-comment or otherwise promulgates a new
regulation that qualifies as an Executive Order 14192 regulatory action
(defined in OMB Memorandum M-25-20 as a final significant regulatory
action as defined in section 3(f) of Executive Order 12866 that imposes
total costs greater than zero). In furtherance of this requirement,
section 3(c) of Executive Order 14192 requires that any new incremental
costs associated with such new regulations must, to the extent
permitted by law, also be offset by eliminating existing costs
associated with at least ten prior regulations. However, this proposed
rule would not be an Executive Order 14192 regulatory action because it
is not a significant regulatory action as defined by Executive Order
12866 and it would not impose total costs greater than zero.
C. Executive Order 14294
Executive Order 14294 (Fighting Overcriminalization in Federal
Regulations) requires agencies promulgating regulations with criminal
regulatory offenses potentially subject to criminal enforcement to
explicitly describe the conduct subject to criminal enforcement, the
authorizing statutes, and the mens rea standard applicable to each
element of those offenses. This proposed rule would not create a
criminal regulatory offense and is thus exempt from Executive Order
14294 requirements.
D. Executive Order 13132
This proposed rule would not have substantial direct effects on the
states, the relationship between the federal government and the states,
or the distribution of power and responsibilities among the various
levels of government. Therefore, in accordance with section 6 of
Executive Order 13132 (Federalism), the Director has determined that
this proposed rule would not impose substantial direct compliance costs
on state and local governments, preempt state law, or meaningfully
implicate federalism. It thus does not warrant preparing a federalism
summary impact statement.
E. Executive Order 12988
This proposed rule meets the applicable standards set forth in
sections 3(a) and 3(b)(2) of Executive Order 12988 (Civil Justice
Reform).
F. Regulatory Flexibility Act
Under the Regulatory Flexibility Act, 5 U.S.C. 601-612, agencies
are required to conduct a regulatory flexibility analysis of any
proposed rule subject to notice-and-comment rulemaking requirements
unless the agency head certifies, including a statement of the factual
basis, that the proposed rule would not have a significant economic
impact on a substantial number of small entities. Small entities
include certain small businesses, small not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
The Director certifies, after consideration, that this proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed rule would not impose any
additional costs because it merely makes clear that when individuals
complete ATF firearms or explosives forms, they should select their
biological sex under the question on ``sex.''
G. Unfunded Mandates Reform Act of 1995
This proposed rule does not include a federal mandate that might
result in the expenditure by state, local, and tribal governments, in
the aggregate, or by the private sector, of $100 million or more in any
one year, and it will not significantly or uniquely affect small
governments. Therefore, ATF has determined that no actions are
necessary under the provisions of the Unfunded Mandates Reform Act of
1995.
H. Paperwork Reduction Act of 1995
Under the Paperwork Reduction Act of 1995 (``PRA''), 44 U.S.C.
3501-3521, agencies are required to submit to OMB, for review and
approval, any information collection requirements a rule creates or any
impacts it has on existing information collections. An information
collection includes any reporting, record-keeping, monitoring, posting,
labeling, or other similar actions an agency requires of the public.
See 5 CFR 1320.3(c). While this proposed rule clarifies the meaning of
``sex'' for purposes of ATF information collections that have an
attached form, this rule would not impact any existing information
collections.
I. Congressional Review Act
This proposed rule would not be a major rule as defined by the
Congressional Review Act, 5 U.S.C. 804.
IV. Public Participation
A. Comments Sought
ATF requests comments on the proposed rule from all interested
persons. ATF specifically requests comments on the clarity of this
proposed rule and how it may be made easier to understand. In addition,
ATF requests comments on the costs or benefits of the proposed rule and
on the appropriate methodology and data for calculating those costs and
benefits.
All comments must reference this document's RIN 1140-AA64 and, if
handwritten, must be legible. If submitting by mail, you must also
include your complete first and last name and contact information. If
submitting a comment through the federal e-rulemaking portal, as
described in section IV.C of this preamble, you should carefully review
and follow the website's instructions on submitting comments. Whether
you submit comments online or by mail, ATF will post them online. If
submitting online as an individual, any information you provide in the
online fields for city, state, zip code, and phone will not be
[[Page 24465]]
publicly viewable when ATF publishes the comment on <a href="https://www.regulations.gov">https://www.regulations.gov</a>. However, if you include such personally
identifying information (``PII'') in the body of your online comment,
it may be posted and viewable online. Similarly, if you submit a
written comment with PII in the body of the comment, it may be posted
and viewable online. Therefore, all commenters should review section
IV.B of this preamble, ``Confidentiality,'' regarding how to submit PII
if you do not want it published online. ATF may not consider, or
respond to, comments that do not meet these requirements or comments
containing excessive profanity. ATF will retain comments containing
excessive profanity as part of this rulemaking's administrative record,
but will not publish such documents on <a href="https://www.regulations.gov">https://www.regulations.gov</a>. ATF
will treat all comments as originals and will not acknowledge receipt
of comments. In addition, if ATF cannot read your comment due to
handwriting or technical difficulties and cannot contact you for
clarification, ATF may not be able to consider your comment.
ATF will carefully consider all comments, as appropriate, received
on or before the closing date.
B. Confidentiality
ATF will make all comments meeting the requirements of this
section, whether submitted electronically or on paper, and except as
provided below, available for public viewing on the internet through
the federal e-rulemaking portal, and subject to the Freedom of
Information Act (5 U.S.C. 552). Commenters who submit by mail and who
do not want their name or other PII posted on the internet should
submit their comments with a separate cover sheet containing their PII.
The separate cover sheet should be marked with ``CUI//PRVCY'' at the
top to identify it as protected PII under the Privacy Act. Both the
cover sheet and comment must reference this RIN 1140-AA64. For comments
submitted by mail, information contained on the cover sheet will not
appear when posted on the internet but any PII that appears within the
body of a comment will not be redacted by ATF and may appear on the
internet. Similarly, commenters who submit through the federal e-
rulemaking portal and who do not want any of their PII posted on the
internet should omit such PII from the body of their comment and any
uploaded attachments. However, PII entered into the online fields
designated for name, email, and other contact information will not be
posted or viewable online.
A commenter may submit to ATF information identified as proprietary
or confidential business information by mail. To request that ATF
handle this information as controlled unclassified information
(``CUI''), the commenter must place any portion of a comment that is
proprietary or confidential business information under law or
regulation on pages separate from the balance of the comment, with each
page prominently marked ``CUI//PROPIN'' at the top of the page.
ATF will not make proprietary or confidential business information
submitted in compliance with these instructions available when
disclosing the comments that it receives, but will disclose that the
commenter provided proprietary or confidential business information
that ATF is holding in a separate file to which the public does not
have access. If ATF receives a request to examine or copy this
information, it will treat it as any other request under the Freedom of
Information Act (5 U.S.C. 552). In addition, ATF will disclose such
proprietary or confidential business information to the extent required
by other legal process.
C. Submitting Comments
Submit comments using either of the two methods described below
(but do not submit the same comment multiple times or by more than one
method). Hand-delivered comments will not be accepted.
<bullet> Federal e-rulemaking portal: ATF recommends that you
submit your comments to ATF via the federal e-rulemaking portal at
<a href="https://www.regulations.gov">https://www.regulations.gov</a> and follow the instructions on the web
page. Comments will be posted within a few days of being submitted.
However, if large volumes of comments are being processed
simultaneously, your comment may not be viewable for up to several
weeks. Please keep the comment tracking number that is provided after
you have successfully uploaded your comment.
<bullet> Mail: Send written comments to the address listed in the
ADDRESSES section of this document. Written comments must appear in
minimum 12-point font size, include the commenter's first and last name
and full mailing address, and may be of any length. See also section
IV.B of this preamble, ``Confidentiality.''
D. Request for Hearing
Any interested person who desires an opportunity to comment orally
at a public hearing should submit his or her request, in writing, to
the Director within the 90-day comment period. The Director, however,
reserves the right to determine, in light of all circumstances, whether
a public hearing is necessary.
Disclosure
Copies of this proposed rule and the comments received in response
to it are available through the federal e-rulemaking portal, at <a href="https://www.regulations.gov">https://www.regulations.gov</a> (search for RIN 1140-AA64).
List of Subjects
27 CFR Part 478
Administrative practice and procedure, Arms and munitions, Exports,
Freight, Imports, Intergovernmental relations, Law enforcement
officers, Military personnel, Penalties, Reporting and recordkeeping
requirements, Research, Seizures and forfeitures, Transportation.
27 CFR Part 479
Administrative practice and procedure, Arms and munitions, Exports,
Imports, Military personnel, Penalties, Reporting and recordkeeping
requirements, Seizures and forfeitures, Taxes, Transportation.
27 CFR Part 555
Administrative practice and procedure, Explosives, Freight,
Hazardous substances, Imports, Penalties, Reporting and recordkeeping
requirements, Safety, Security measures, Seizures and forfeitures,
Transportation, Warehouses.
For the reasons discussed in the preamble, ATF proposes to amend 27
CFR parts 478, 479, and 555 as follows:
PART 478--COMMERCE IN FIREARMS AND AMMUNITION
0
1. Revise the authority citation for 27 CFR part 478 to read as
follows:
Authority: 5 U.S.C. 552(a); 18 U.S.C. 847, 921-934; 44 U.S.C.
3504(h).
Sec. 478.21 [Amended]
0
2. In Sec. 478.21, add at the end of paragraph (a): ``The term `sex'
on ATF forms required by this part refers to an individual's immutable
biological classification as either male or female and does not include
the concept of gender identity. Individuals completing forms required
by this part should select their biological sex. Each form must be
executed under penalties of perjury, if the form or the regulation so
provide.''
PART 479--MACHINE GUNS, DESTRUCTIVE DEVICES, AND CERTAIN OTHER
FIREARMS
0
3. The authority citation for 27 CFR part 479 continues to read as
follows:
[[Page 24466]]
Authority: 26 U.S.C. 5801-5822; 26 U.S.C. 7801; 26 U.S.C. 7805.
Sec. 479.21 [Amended]
0
4. In Sec. 479.21, remove from paragraph (a) the fourth sentence and
add in its place after the third sentence: ``The term `sex' on ATF
forms required by this part refers to an individual's immutable
biological classification as either male or female and does not include
the concept of gender identity. Individuals completing forms required
by this part should select their biological sex. Each form shall be
executed under penalties of perjury, if the form or the regulation so
provide.''
PART 555--COMMERCE IN EXPLOSIVES
0
5. The authority citation for 27 CFR part 555 continues to read as
follows:
Authority: 18 U.S.C. 847.
Sec. 555.21 [Amended]
0
6. In Sec. 555.21, add at the end of paragraph (a): ``The term `sex'
on ATF forms required by this part refers to an individual's immutable
biological classification as either male or female and does not include
the concept of gender identity. Individuals completing forms required
by this part should select their biological sex. Each form must be
executed under penalties of perjury, if the form or the regulation so
provide.''
Robert Cekada,
Director.
[FR Doc. 2026-08932 Filed 5-5-26; 8:45 am]
BILLING CODE 4410-FY-P
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