Comment on FR Doc # 2026-08932

I am submitting this comment to strongly oppose the proposed rule requiring "biological sex at birth" on ATF Form 4473. As a law-abiding gun owner and a former firearms retail employee, I have firsthand experience with the administration of Form 4473 and the critical importance of clear regulatory guidelines for both buyers and Federal Firearms Licensees (FFLs). As written, this proposed rule is dangerously vague, creates severe operational confusion for dealers, and threatens to criminalize law-abiding citizens through unintentional paperwork traps. Under 18 U.S.C. § 922(a)(6), making a materially false statement on Form 4473 is a federal felony punishable by up to 10 years in prison. For a transgender or intersex individual whose birth certificate, driver’s license, and passport have all been legally amended to reflect their current sex, the term "biological sex at birth" creates an irreconcilable legal paradox. Having processed these forms myself, I know that dealers rely directly on state-issued photo identification to verify the information provided on the form. If an applicant records the sex listed on all their current legal documentation, they risk federal prosecution for failing to disclose their "biological sex at birth." Conversely, if they record their birth sex, the entry will directly contradict their legal state identification—creating a discrepancy that obligates an FFL or NICS examiner to flag or deny the transaction for potential fraud. The ATF has failed to provide a clear, scientific, or statutory definition of "biological sex" that accounts for the reality of legally amended vital records or intersex conditions. This ambiguity violates the fundamental constitutional requirement that penal statutes and regulations avoid arbitrary enforcement, as an ordinary citizen—and the FFL processing their paperwork—cannot reasonably know how to navigate this conflict without risking a felony charge. Policies should not be enacted that trap law-abiding citizens in administrative catch-22s or force FFLs to act as arbiters of complex biological definitions. This rule will inevitably deter law-abiding individuals from exercising their Second Amendment rights out of a justified fear of arbitrary federal prosecution. For these reasons, I strongly request that the ATF reject this proposed change.