Trump’s ATF Rule Forces Trans Gun Buyers Into Felony Trap
The Trump administration’s proposed changes to federal gun purchase forms would require all new gun owners to list their sex assigned at birth, rather than their current gender identity. The U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives confirmed to The Independent in April 2025 that it is updating ATF Form 4473 to comply with Trump’s January 2025 executive order, which eliminated federal recognition of transgender identities. Firearms policy experts warn this rule creates a mechanism to identify and compile lists of transgender gun owners based on name-to-sex mismatches.
The proposed requirement places transgender people in an unconstitutional “Catch-22,” according to Second Amendment advocates and civil liberties experts. If a trans person lists their gender identity on the form, they risk federal felony charges for false statements punishable by up to ten years in prison, since it would contradict their birth sex designation. Conversely, listing their sex assigned at birth could also trigger false statement charges, because it no longer matches their appearance, legal documents, or official identity in most states. Patrick G. Eddington of the Cato Institute called the rule a “felony trap” designed to chill lawful firearms purchases by a vulnerable population already facing increased violence.
The Trump administration has pursued multiple concurrent efforts to restrict transgender people’s access to firearms and to surveil transgender populations. The Department of Justice is weighing rules to declare transgender Americans inherently mentally unfit to possess guns, while the Department of Homeland Security scrapped safeguards against spying on people based solely on gender identity. The Justice Department has subpoenaed hospitals for information about transgender patients, and Republican-led states continue compiling lists of transgender individuals through medical records and driver’s license data. Conservative media figures and activists have called for transgender people to be institutionalized or designated domestic terrorists, claims senior administration officials have declined to reject.
Despite the administration’s targeting of transgender gun ownership, membership in LGBT-focused gun clubs has surged since Trump’s 2024 reelection. Pink Pistols chapters increased 68 percent from November 2024 to April 2025, while the Liberal Gun Club’s membership nearly doubled following Trump’s return to office. Erin Palette, national coordinator of Pink Pistols, stated the proposed ATF rule change is “not about safety or identification” but “targeting a minority for being a minority,” violating constitutional protections. The spike reflects widespread fears among marginalized communities, including transgender people, people of color, and progressives, following rising anti-LGBT hate crimes, federal immigration enforcement killings, and Trump administration rhetoric.
The ATF has not yet formally published the proposed rule in the Federal Register, and Form 4473 has not been updated as of late April 2025. The formal rule-making process, which includes public comment periods, must occur before implementation. Both transgender gun advocates and conservative Second Amendment supporters, including Eddington, argue the rule is facially unconstitutional and represents abuse of power by an administration indifferent to legal constraints on executive authority.