policyform-4473lgbtqnewsbuying-guide

Form 4473 and ATF's Proposed 'Biological Sex' Rule: What's Actually Changing

Tactical Snowflakes••Updated August 12, 2026

Status as of August 12, 2026. Both ATF actions described here were published as proposals, not final rules, and both comment periods have since closed — August 4, 2026 for the "biological sex" rule and August 6, 2026 for the separate Form 4473 revision. Meanwhile ATF has asked to keep the existing Form 4473 in place unchanged while it works through the comments (see "Which form is at the counter today?" below).

What governs is whichever version is eventually published as a final rule. Before relying on anything here, check whether one has appeared since this date — a final rule would be published in the Federal Register under RIN 1140-AA64 or RIN 1140-AA82 (each link is OMB's own Unified Agenda record tracking that rulemaking).

If you're trans or non-binary and you've seen a post saying the government just took away your ability to buy a gun, here's the short answer: that's not what happened. Two proposed rules and one notice are real, they were published in May 2026, and every one of them operates on ATF's forms and the regulations for filling them out (Federal Register, 91 FR 24462; 91 FR 25432).

What did happen is narrower and stranger. ATF has proposed telling you which box to check, and has proposed a version of the form with one fewer box to check. Those are two different documents, they do two different things, and neither one is in effect.

Did the government just ban trans and non-binary people from buying guns?

No. And it's worth naming why people think so, because the fear isn't irrational. It's a reasonable reading of a headline that compressed three separate things into one.

Two proposals landed in May 2026, both from the Bureau of Alcohol, Tobacco, Firearms and Explosives. One is about what the word "sex" means on ATF paperwork. One is a broad rewrite of Form 4473, the Firearms Transaction Record you fill out at a dealer. A third document — an administrative notice attached to that rewrite — is the one that mentions non-binary.

What all three have in common is that they operate on forms. Two amend the regulations in 27 CFR parts 478, 479 and 555 that govern how ATF forms are completed; the third describes what a revised Form 4473 would collect. Who is barred from receiving a firearm is set elsewhere, by statute, in the nine categories listed at 18 U.S.C. 922(g), and that statute is not what any of these three amends.

What did ATF actually propose about "sex"?

On May 6, 2026, ATF published a proposed rule titled "Selecting Biological Sex on ATF Forms." Its stated purpose is that when you complete ATF forms, you "should select their biological sex under the question on 'sex'" (91 FR 24462, linked above).

The rule would write a definition into the regulations. It says the term refers to "an individual's immutable biological classification as either male or female and does not include the concept of gender identity," language the rule takes from Executive Order 14168 (same document; the order's own text is linked in the FAQ below).

The action line on that document reads "Notice of proposed rulemaking". That's the stage where an agency publishes what it intends to do and takes public comment (same document, 91 FR 24462). Comments were due August 4, 2026 (same document).

The same proposal would also add a penalties-of-perjury sentence to two of those sections, 27 CFR 478.21(a) and 555.21(a), requiring that each form "be executed under penalties of perjury, if the form or the regulation so provide". A third section, 479.21(a), already carries such a clause and would be reworded rather than have one added (91 FR 24462 again). That one sentence is the part with teeth, and we'll come back to it.

What happened to the non-binary box on Form 4473?

This is the piece that got quoted everywhere, and it comes from a different document than most posts claim.

It's in an administrative notice ATF published on May 8, 2026 about the information the revised form collects. In its numbered list of what changed on the new version, one entry reads: "In transferee information section (which was previously box 14) labeled SEX, non-binary was removed. The only selections are male or female and this is now item 1" (Federal Register, 91 FR 25448).

That's the whole of it. One line, in a 60-day notice about a proposed revision to a form (the same 91 FR 25448).

Worth being precise here, because a lot of coverage isn't: the proposed rule that rewrites Form 4473 — a separate document published the same day — does not use the words "non-binary" or "gender identity" anywhere in its text (91 FR 25432, linked above).

It does touch the regulation the sex question lives in, so it's worth saying exactly how. That rule quotes the existing requirement that Form 4473 show the transferee's "name, sex, residence address" and carries it forward, while proposing to strike the county parenthetical and the separate state-of-residence item from the same subsection (same document, 91 FR 25432). Sex stays on the required-information list; the rewrite proposes no change to what that question asks or how it's answered.

If someone tells you the 4473 rewrite is the anti-trans rule, they've merged two documents.

Are any of these in effect right now?

No. All three are proposals.

Each of the two rules carries the action line "Notice of proposed rulemaking" (91 FR 24462 and 91 FR 25432, both linked above), and the document describing the form changes is a "60-Day notice" (91 FR 25448). Comment periods close and the agency then decides what, if anything, to publish as final.

Both comment periods have since closed. A final rule is the next possible step on either, and it would be published in the Federal Register under RIN 1140-AA64 or RIN 1140-AA82 — the Unified Agenda entries linked in the status note above track both, and that's where to check, rather than relying on the date at the top of this page. What ATF did do in the meantime is the subject of the next section.

Which form is at the counter today?

The one that was already there. This is the clearest answer available, and it arrived after the comment periods had closed.

On July 29, 2026, ATF published an interim notice asking the Office of Management and Budget to extend the existing Form 4473 information collection without change, while the agency works through the comments it received on the proposed modifications (Federal Register, 91 FR 47857). That notice says a second, 30-day comment notice will follow (same notice).

So the revised form — the one whose change list removed the non-binary selection — has not replaced the existing one. ATF's own request is to carry the current collection forward unchanged while it addresses comments (same notice, 91 FR 47857), which is not what an agency files when a revision is about to land at the counter.

ATF publishes current forms at atf.gov, which is worth checking against rather than trusting any article, including this one, on what the paper in front of you looks like in a given week.

Why does one sentence about perjury matter more than the box?

Because Form 4473 is a document you sign, and the proposal is explicit that ATF forms are to be executed under penalties of perjury where the form or regulation says so (91 FR 24462, quoted earlier).

For most people the sex question is a box they check without thinking. For someone whose driver's license, passport, and birth certificate don't all agree, "which one is correct" stops being administrative. You are being asked to certify something, and the proposed definition points at a category — "immutable biological classification" — that your documents may not consistently reflect (same proposed rule).

[REVIEW] The proposed rule does not say what happens to a buyer whose identity documents conflict with each other, and it does not describe any consequence for selecting one rather than the other. We read the full text and found no such provision. That silence is the honest finding, not a reassurance. A question this specific belongs with a lawyer who practices in your state, not with a firearms blog.

Does any of this change whether you can buy a gun?

Not on the evidence of what they amend. The biological sex rule reaches 27 CFR parts 478, 479 and 555, the regulations on completing ATF forms (91 FR 24462), and the rewrite rule reaches 27 CFR part 478 and the contents of Form 4473 (91 FR 25432). Those govern what a form asks and how a word on it is defined. The categories that determine who may lawfully receive a firearm sit in statute, at 18 U.S.C. 922(g) (the House Office of the Law Revision Counsel's current text), and a regulation about completing a form doesn't rewrite them.

If your own eligibility is the actual question, treat that as a separate legal question and take it to someone who can answer it for your situation.

If you're working out the actual mechanics of a purchase where you live, our step-by-step guide to buying a gun in Oregon covers the process that applies today: age rules, the background check, private sales, and where Measure 114 stands.

And if the reason this landed hard is that it's one more piece of evidence that the system isn't built with you in mind, that's a fair read. We've written about why more LGBTQ people are becoming gun owners and what tends to be waiting for them when they go looking for instruction.

What should you do with this?

Read the primary documents rather than the summaries. Every source in this article is linked, they are short, and they say what they say.

Watch for a final rule rather than tracking headlines. A proposal that draws heavy comment can be withdrawn, revised, or finalized largely unchanged, and the published final rule is the only version that governs anything.

Get your questions about your own documents answered by someone who can actually answer them. A question about certifying a fact under penalty of perjury is a legal question.

Don't let a proposed form change decide whether you get trained. The paperwork is not the skill, and the skill is the part that's yours regardless of what any agency publishes. If you've been putting off learning because the whole space feels hostile, that's the thing worth fixing. Here's what inclusive firearms training actually looks like.

Frequently asked questions

Is the non-binary option gone from Form 4473?

Not from the form in use. It's removed on a proposed revised version, described in ATF's May 8, 2026 notice, which states non-binary was removed and "the only selections are male or female" (91 FR 25448, quoted above). That revision hasn't replaced the form in use: on July 29, 2026 ATF asked OMB to extend the existing form without change while it works through comments (91 FR 47857, linked above).

Does the proposed rule say trans people can't buy guns?

No. The proposed rule addresses how the word "sex" is interpreted when completing ATF forms (91 FR 24462). It does not address eligibility to receive a firearm.

Where does the "immutable biological classification" language come from?

The proposed rule attributes it to Executive Order 14168, issued January 20, 2025, and quotes it directly. The order's own text is where the sentence lives: "'Sex' shall refer to an individual's immutable biological classification as either male or female" (Executive Order 14168, whitehouse.gov).

Has the comment period closed?

Both have. On the biological sex rule, comments closed August 4, 2026 (91 FR 24462). On the separate Form 4473 revision rule, they were due August 6, 2026 (91 FR 25432). A further 30-day comment notice on the form collection is still expected (91 FR 47857).

Is this an Oregon thing?

No. Both rules were published in the Federal Register by a federal agency and amend federal regulations in 27 CFR (91 FR 24462 and 91 FR 25432), so they'd reach Form 4473 wherever it's used. What Oregon separately requires of a buyer is its own body of law, and our guide to buying a gun in Oregon covers what applies there today.

The short version

  • Two proposed ATF rules and one administrative notice, all published in May 2026, all carrying action lines that say proposed. Both comment periods have since closed.
  • The form at the counter hasn't changed. On July 29, 2026 ATF asked to extend the existing Form 4473 without change while it works through comments (91 FR 47857).
  • A final rule is the next possible step, and would appear in the Federal Register under RIN 1140-AA64 or RIN 1140-AA82. Check there rather than trusting this page's date.
  • The "biological sex" rule would define sex on ATF forms as "immutable biological classification as either male or female," excluding gender identity.
  • The removal of the non-binary selection appears in the notice describing a proposed revised Form 4473, not in the rule most posts point at.
  • The 4473 rewrite rule never uses the words "non-binary" or "gender identity". It keeps sex on the form's required-information list and proposes no change to that question.
  • All three operate on ATF forms and the regulations for completing them. Who is barred from receiving a firearm is set by statute at 18 U.S.C. 922(g) (linked above), which none of them amends.
  • If your identity documents don't agree with each other, that's a question for a lawyer in your state. The proposals don't answer it.

Newer to all of this than you'd like to admit, and not thrilled about walking into a gun store to find out? That's exactly who we teach. Start with a class.

Sources

Related Reading

How to Buy a Gun in Oregon (2026): The Process, the Laws, and Where Measure 114 Stands
How to legally buy a gun in Oregon in 2026: age rules, the background check, private sales, and whether Measure 114 and its permit requirement are in effect yet.
LGBTQ Gun Owners: Why Queer Americans Are Arming Up
LGBTQ gun ownership is rising fast. Why queer Americans are buying firearms, where to find inclusive training, and what the community looks like.
First Time Gun Owner Guide: What to Do Before You Buy
New to guns? What every first-time buyer needs to know about training, Oregon laws, choosing a firearm, safe storage, and common mistakes.

Get More Like This

Weekly guides, gear reviews, and community updates. No spam.

Subscribe

Disclaimer

This article is educational information, not professional advice.

Firearms law varies by state and county, and it changes. This isn't legal advice — verify current law for your jurisdiction with a qualified source, like your state police or a firearms attorney, before you act.

First-aid content here isn't medical advice and doesn't replace hands-on training. In an emergency, call 911.

Firearms training content doesn't replace qualified in-person instruction.

Some articles are produced with AI assistance and may publish without a person reviewing every line first. They're sourced, but AI-assisted writing can still contain errors — verify anything you plan to rely on.

Found a mistake? Let us know and we'll fix it. Read the full disclaimer.