u/A-Friend-of-Dorothy

Alright, folks. I did my part and stepped up to bat. You can, too. Comments are now open on the site to be submitted: https://www.regulations.gov/document/ATF-2026-0010-0001

My open comment is below…

“In response to RIN 1140-AA64:

Biological sex, or the false perception of it as an identifying trait in a legal sense is not only not legally relevant, it also is legally incompatible with the existing definitions of gender and sex across various state and even federal identifications.

Thus, the legal gender displayed on someone’s ID functionally for government purposes is their biological sex.

Processes have existed at both state and federal levels for more than several years that allow these to be corrected to match the user for purposes strictly of legal identification.

You have an existing rule set to follow. Changing this altogether only complicated your ability to ensure the accuracy of the 4473 forms.

It also creates an illegally unconstitutional access barrier that unduly impedes a citizen’s second amendment rights under the U.S. constitution: I will explain how…

FFL’s currently are required to submit what is on the ID presented for the course of the 4473 submission. Incorrect submissions are rejected in the NICS submission screen and are not permitted, the NTN must be cancelled or the FFL has violated the ATF regulations and usage of NICS.

E.g., Under current law, which functions correctly at this time, If the license says M, they put Male. If the license says F, they put F.

Under your new proposed rules, if the license presented for the 4473 says M, but you demand a marker of F via “biological,” sex, the FFL now cannot submit a NICS check. It will make it unlawful and against ATF regulations to submit that check. If they submit that 4473 NICS check with F via “biological,” sex at birth, when the license says M, NICS will reject the form and request an NTN cancellation, or the FFL risks licensure revocation due to paperwork errors.

This means 4473 Form literally cannot be submitted to the NICS Echeck process. This effectively locks FFL’s out of doing business, which is the entire purpose of using the 4473. This places undue legal burden upon the FFL and is arguably unlawful, pending future court challenge/suit.

This deprives a specific, targeted class of individuals the ATF sees as unfit for ownership from exercising their second amendment rights due to variances in legally-bonafide biological sex markers that the government has enshrined, recognized and granted as legitimate. The Federal government and the ATF do not have the power to overrule such markers nor their legal biological sex at birth they indicate.

Additionally, birth certificates that have been amended, changed or re-issued to reflect the legal sex and gender of the person submitting the 4473 to the ATF are the legal “biologic,” sex at birth. Regardless of any personal feelings or personal bias on the matter (which are legally irrelevant, as emotion and bias have no place in law, only established precedent and fact) the propose rule is not only useless, confusing but is also ineffective.

Those with altered birth certificates are, legally, biologically defined as that sex. And so the sex at birth you will request will be what they submit on the 4473, that information and those documents as proof being protected by ex-post-facto case law spanning decades.

The additional risk of perjury threats for someone being accused by ATF for placing “incorrect,” biological sex information on the 4473 submitted to the ATF that in fact matches their legal gender or sex also places undue burden on the FFL, as well as the citizen seeking to legally acquire ATF regulated items. This is also illegal and unconstitutional.

These proposed rules by ATF are not only unconstitutional, but also will not stand up against decades of existing law and precedent. The policies will be unenforceable, ineffective or a waste of taxpayer time and prevent FFL’s from conducting business using the current system, which functions correctly by breaking that system and installing a new control that prevents your system from functioning, in the process denying constitutional rights to a specific class of citizens that ATF has designated as targets for discrimination.

ATF does not possess the power to determine the validity of someone’s legal “biological,” gender or the perception thereof, thus this proposed rule must not proceed.

The argument posed here is not emotional. The argument posed here is not moral. The argument posed here is legal, and legally…the ATF is both incorrect, mistaken and is impeding access to constitutionally protected rights, which are afforded to all citizens of this nation.

I recommend that the ATF focus its limited resources and meager staff population on enforcing existing laws that are already not effectively enforced by ATF.

Stop chasing windmills, Don Quixote. For here, there be no dragons.”

Folks, if you want to comment, you must reference the RIN. This would be RIN 1140-AA64

Alright, folks. I did my part and stepped up to bat. You can, too. Comments are now open on the site to be submitted: https://www.regulations.gov/document/ATF-2026-0010-0001

My open comment is below…

“In response to RIN 1140-AA64:

Biological sex, or the false perception of it as an identifying trait in a legal sense is not only not legally relevant, it also is legally incompatible with the existing definitions of gender and sex across various state and even federal identifications.

Thus, the legal gender displayed on someone’s ID functionally for government purposes is their biological sex.

Processes have existed at both state and federal levels for more than several years that allow these to be corrected to match the user for purposes strictly of legal identification.

You have an existing rule set to follow. Changing this altogether only complicated your ability to ensure the accuracy of the 4473 forms.

It also creates an illegally unconstitutional access barrier that unduly impedes a citizen’s second amendment rights under the U.S. constitution: I will explain how…

FFL’s currently are required to submit what is on the ID presented for the course of the 4473 submission. Incorrect submissions are rejected in the NICS submission screen and are not permitted, the NTN must be cancelled or the FFL has violated the ATF regulations and usage of NICS.

E.g., Under current law, which functions correctly at this time, If the license says M, they put Male. If the license says F, they put Female.

Under your new proposed rules, if the license presented for the 4473 says M, but you demand a marker of F via “biological,” sex, the FFL now cannot submit a NICS check. It will make it unlawful and against ATF regulations to submit that check. If they submit that 4473 NICS check with F via “biological,” sex at birth, when the license says M, NICS will reject the form and request an NTN cancellation, or the FFL risks licensure revocation due to paperwork errors.

This means 4473 Form literally cannot be submitted to the NICS Echeck process. This effectively locks FFL’s out of doing business, which is the entire purpose of using the 4473. This places undue legal burden upon the FFL and is arguably unlawful, pending future court challenge/suit.

This deprives a specific, targeted class of individuals the ATF sees as unfit for ownership from exercising their second amendment rights due to variances in legally-bonafide biological sex markers that the government has enshrined, recognized and granted as legitimate. The Federal government and the ATF do not have the power to overrule such markers nor their legal biological sex at birth they indicate.

Additionally, birth certificates that have been amended, changed or re-issued to reflect the legal sex and gender of the person submitting the 4473 to the ATF are the legal “biologic,” sex at birth. Regardless of any personal feelings or personal bias on the matter (which are legally irrelevant, as emotion and bias have no place in law, only established precedent and fact) the propose rule is not only useless and confusing but is also ineffective.

Those with altered birth certificates are, legally, biologically defined as that sex. And so the “sex at birth” you will request will be what they submit on the 4473, that information and those documents as proof being protected by ex-post-facto case law spanning decades.

The additional risk of perjury threats for someone being accused by ATF for placing “incorrect,” biological sex information on the 4473 submitted to the ATF that in fact matches their legal gender or sex also places undue burden on the FFL, as well as the citizen seeking to legally acquire ATF regulated items. This is also illegal and unconstitutional.

These proposed rules by ATF are not only unconstitutional, but also will not stand up against decades of existing law and precedent. The policies will be unenforceable, ineffective or a waste of taxpayer time and prevent FFL’s from conducting business using the current system, which functions correctly by breaking that system and installing a new control that prevents your system from functioning, in the process denying constitutional rights to a specific class of citizens that ATF has designated as targets for discrimination.

ATF does not possess the power to determine the validity of someone’s legal “biological,” gender or the perception thereof, thus this proposed rule must not proceed.

The argument posed here is not emotional. The argument posed here is not moral. The argument posed here is legal, and legally…the ATF is both incorrect, mistaken and is impeding access to constitutionally protected rights, which are afforded to all citizens of this nation.

I recommend that the ATF focus its limited resources and meager staff population on enforcing existing laws that are already not effectively enforced by ATF.

Stop chasing windmills, Don Quixote. For here, there be no dragons.”

If you comment, you must reference the RIN. RIN 1140-AA64