ATF: Gun Dealers Cannot Transfer Firearms to Genderqueers Who Fail to Check ‘Male’ or ‘Female’ on 4473s

An FFL may not transfer a firearm to a non-binary individual if they fail to complete question 6 on the Form 4473. (Photo: BBC Three)

The National Shooting Sports Foundation, the firearms industry trade association, asked the Bureau of Alcohol, Tobacco, Firearms and Explosives about how gun shops should process paperwork for genderqueer gun purchasers.  Below is the Q&A:

Question: If a transferee (consumer) presents a current, valid “non-binary” driver’s license as a form of government issued identification to establish their identity and proof of residency and then declines to select either “male” or “female” when answering Question 6, how is an FFL to proceed?

ATF’s Response: FFLs may accept non-binary identification documents The Gun Control Act (GCA) at 18 U.S.C. § 922(t)(1)(C) requires licensees to verify the identity of each transferee by examining a valid identification document of the transferee containing a photograph of the transferee. An identification document is defined by 18 U.S.C. § 1028(d) in relevant part as:

. . .a document made or issued by or under the authority of the United States Government . . . when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals.

Question: What if in a state that does not issue non-binary driver’s licenses the transferee declines to select either “male” or “female,” how is the FFL to proceed? Or, if the transferee presents a current, valid driver’s license that indicates one sex but selects a different sex in answering Question 6? Or, if the photograph on the government issued identification, e.g. driver’s license, appears to depict one gender sex but the transferee selects a different sex in answering Question 6? What is the correct course of action in these scenarios for the FFL?

ATF’s Response: The regulations at 27 CFR 478.11 further defines Identification Document in relevant part as:

A document containing the name, residence address, date of birth, and photograph of the holder and which was made or issued by or under the authority of the United States Government, a State, political subdivision of a State. . .is of a type intended or commonly accepted for the purpose of identification of individuals.

Neither statute nor regulation require the identification document contain the person’s sex. Therefore, identification documents issued with binary, non-binary, or no sex designation may be used as an identification document. For example, a military identification card is a valid identification document and does not contain a sex or gender; see ATF Ruling 2001-5. Accordingly, as long as licensees verify the identity of the transferee by examining a valid transferee identification document then they will be in compliance with the GCA at 922(t)(1)(C).

Question: Is an otherwise properly completed Form 4473 valid if the consumer declines to answer Question 6?

ATF’s Response: Completing the ATF Form 4473 when non-binary identification documents presented The Regulations at 27 CFR 478.124 state in relevant part:

(c)(1) . . . shall obtain a Form 4473 from the transferee showing the transferee’s name, sex, residence address (including county or similar political subdivision), date and place of birth; height, weight and race of the transferee. (c)(3)(i) Shall verify the identity of the transferee by examining the identification document (as defined in §478.11) presented, and shall note on the Form 4473 the type of identification used;

The regulations pertaining to the National Instant Criminal Background Check System (NICS) at 28 CFR 25.7 require the sex of the transferee in order to conduct a firearms background check. This information is captured on the ATF Form 4473, question #6, which requires the transferee to indicate his/her sex (not gender) by checking or filling in the applicable box adjacent to “Male” or “Female”. Transferees must select either “Male” or “Female”, but cannot choose both or write in “X” regardless of what is recorded on the transferee’s identification document. If the transferee refuses to complete question #6 then the FFL may not transfer the firearm.

FFLs may assist transferees by pointing them to the instructions on the ATF Form 4473 or other ATF provided guidance, but may not advise transferees what to record when completing the form. Each transferee must freely answer each question based on the headings, notices, instructions and definitions contained on the form.

Lastly, section 31 of the Form 4473 is available for the licensee to document information they feel is relevant to a transaction. A licensee may use this section to note if the sex or gender listed on the valid transferee identification document is not consistent with the information provided in section 6 of the Form 4473 or their own perception.

Question 6 from the ATF’s Form 4473, Firearms Transaction Record.  Failure to complete question 6 means “the FFL may not transfer the firearm.”

***

End of Q&A.  The NSSF said that it “requested that ATF issue formal guidance to the industry in the form of an open letter.”

Confused about what non-binary is?  Check out the video below for more information:

About the author: S.H. Blannelberry is the News Editor of GunsAmerica.

{ 46 comments… add one }
  • Hondo August 8, 2018, 7:58 am

    Mental illness should preclude you from gun ownership. Needs mental health treatment not a firearm.

  • MJ August 4, 2018, 4:54 pm

    It you can’t figure out what you are, then it’s probably best if you don’t possess a firearm. But not to worry, California is outlawing guns via their roster so there won’t be any to buy.

  • FirstStateMark August 4, 2018, 2:59 pm

    Add another option to question 6. Male ( ) Female ( ) Fuckin’ Nuts ( ). and ya gotta pick one!

  • Voice of Reality August 3, 2018, 5:20 pm

    What the heck is a non binary person.. You Are what you are at birth with the God issued equipment.

    • Mike August 4, 2018, 1:26 pm

      I said the same thing. I am not even going to \”look it up\” because it is another feel good useless emotional reaction.

  • darryl August 3, 2018, 1:59 pm

    about 60 seconds of that video els you all you need to know about WHY this country is so F—ed up right now, even if it seems these idiot’s are from europe.

    wow, guess i’m in trouble now because i guessed they were from great britain by the way they talk. just think how screws up it’ll be in another 20 years or even less.

  • Dovk0802 August 3, 2018, 1:06 pm

    Self defense is a fundamental human right. This is a group of people who are at a disproportionately high risk of being a victim of violence. If anyone is willing to be a responsible gun owner, they should be welcomed into the community as the best way to secure the 2A.

    • Mike August 4, 2018, 1:33 pm

      I disagree.If a gender confused person is a criminal do you want them to have a gun? If not then they need to answer the same questions that you and I do.The background check that has been in place for many years requires that you say if you have indoor or outdoor plumbing. It really is that basic. If they want another sex to be added, then change laws. Until then, they can follow the same rules as everybody else.

  • Coldfront August 3, 2018, 12:47 pm

    Wow, I didn’t realize so many people were ok with infringement of Constituational Rights just because they don’t like GenderQueers. Guess a lot of the commenters here can’t handle freedom for all, and they certainly don’t fully support the 2nd Amendment. They should move to a country without so much freedom.

    • Mike August 4, 2018, 1:37 pm

      What rights are being infringed?
      On the paper it asks what form of plumbing you have, EVERY HAS ONE OR THE OTHER.
      If people like you would stop this silly \”I am special train\” then this nonsense would stop.
      The liberals make us have background checks to buy a gun, right or wrong?
      With that in mind why do the gender confused people feel the need to say it doesn\’t apply to them?

  • Deadmeat99 August 3, 2018, 11:51 am

    Wouldn’t these people be denied regardless because they are exhibiting untreated mental health issues?

    • e August 3, 2018, 2:12 pm

      yes

  • George H. Cox August 3, 2018, 11:17 am

    Mental illness should be an exclusionary criterion for firearms transfer…..

  • Mac Guyver August 3, 2018, 10:15 am

    Yes yes yes, let’s hope, pray, that the rule doesn’t change. These people don’t appear to even know how to hold a gun, I can see them shooting them selfs or a niocent bystander. I’m agreeing with 95% of other comments

  • Russ August 3, 2018, 10:06 am

    This is great news. If you can’t figure out what your sex is then you should have the responsibility or ability to have a firearm. I wholeheartedly agree with ATF. These people are less than 1% of the total U. S. population yet they cause so much discord and want everything to change for them. That is just wrong.

  • GT August 3, 2018, 8:25 am

    Poetic justice!

  • Jay August 3, 2018, 8:11 am

    Gender identity or the lack thereof is a Mental condition and should not be allowed to purchase a firearm! It’s called Gender dysphoria (GD), or gender identity disorder. We do not need those already classified as mentally deficient buying and carrying around firearms!

    • Fred August 3, 2018, 9:33 am

      Well said. All they need to do is get mad about their gender identity and draw their weapon and fire a round in anger.

    • shrugger August 3, 2018, 10:10 am

      40% suicide rate. Just sayin’

  • KIM August 3, 2018, 7:54 am

    IF THEY DO NOT ANSWER QUESTION 6 ON FORM 4473 YOU KNOW THAT THEY ARE A LIBERAL SNOWFLAKE DEMOCRAT AND SHOULD NOT BE ALLOWED TO OWN A FIREARM IN THE FIRST PLACE, YOU SHOULD ALSO HAVE TO PRODUCE A REPUBLICAN VOTER ID CARD IN ORDER TO ENTER A GUN SHOP

    • Kevin August 3, 2018, 2:20 pm

      The more Americans we have that enjoy firearms and believe in the 2A the better for all of us in the shooting community. Power in numbers our U.S. Constitution is for all Americans regardless of political affiliation. And as long as you stand by it and defend it if necessary I don’t really care what party you chose.

  • Rex August 3, 2018, 7:45 am

    #1. Who cares what they identify as, #2. I wasn’t allowed to buy a gun because of my address. Which is almost as stupid as this.

  • Andy August 3, 2018, 6:42 am

    I don’t know why I have such a hard time understanding the question and just as hard a time understanding the answer. I read a couple of the questions and answers over and over and I tried to understand this crap and still couldn’t. I guess I am good as long as I fill in the circle for Trump -Pence in 2020.

    • Joe August 3, 2018, 8:03 am

      Well said sir , MAGA !!!

  • Kcsmith August 3, 2018, 6:34 am

    Innie or outie?
    It’s only complicated if you’re the kind of jackass that wants to make it complicated.
    Grow up. Get over yourself. Shut up and check the correct box.

    My FBI fingerprint card for my Form 1 application had 7 gender options. Ridiculousness.

  • Angelo DeCapua August 3, 2018, 6:17 am

    Awsome! If you don’t know what the fuck you are you certainly don’t need a gun ! Glad to see some one with some balls make a decision that isn’t isn’t afraid of being politically correct or offensive! Fuck em!

  • Dan August 3, 2018, 5:58 am

    Nature isn’t perfect, and sometimes a person is born with the wrong hardware. Not something the rest of us should be passing judgment on, but if that person refuses to check the box on a form, they may be attempting to draw attention to themselves or their condition?

    • Ergo Slugg August 3, 2018, 7:37 am

      You don’t get to decide whether I “should” get to “pass judgement” (I’d consider it “have judgment”) on anything or anyone. If the mentally ill gender confused people apply for firearms, they “should” be denied the ability to purchase a firearm. There’s nothing worse than a mentally ill person with a firearm, as we’ve seen in prior mass shootings.

      • ThatGlennGuy August 3, 2018, 10:28 am

        WTF don’t you understand about “shall not be infringed,” jackass?

    • Grap August 3, 2018, 11:47 am

      Guess what? Nature isn’t perfect, and sometimes people are born with defective software, too. Something the rest of us need to be particularly careful of.

      The rest of us call that “mentally ill”.

      And if they get that gun, they might decide to “seek attention” by killing someone else. I’m pretty sure everyone already notices their “condition”…

  • Joe August 3, 2018, 5:28 am

    Keep up the good work ATF . LOL !!!

  • Skip Richards August 3, 2018, 4:15 am

    Trans people clearly have mental health issues, as do all liberals. This is no different than other mental illness that should prohibit you from owning a weapon. Why would anyone give them a gun ? They can’t figure out who they are, man or woman.

    • jaywarrenclark August 4, 2018, 11:47 pm

      They’re just messing with people again. It’s just not you guys so it’s another example when you are Constitutionalists all the way, except of course for people you don’t agree with. It would take 2 minutes for ATF to put “other” next to the other categories and let these people get on with their lives.
      As for the posters here. You made your mistakes didn’t you. Why can’t you let these poor people make their own?! What part of “pursuit of happiness” don’t you understand? You don’t get to decide what pursuit of happiness is for other people, or what people think or do with their genitals!
      It’s a poor ethics indeed that doesn’t go deeper than a person’s genitals. Jesus help us! JWC

  • Michael August 2, 2018, 6:29 am

    I run into this issue often with clients from Atlanta. I simply say either flip a coin to decide or make a call to make a decision, but if you wish to leave with your purchase you must answer all questions. Never had anyone refuse. I’ll beat ATF revises this question soon in future 4473 forms.

  • Dr Motown August 1, 2018, 8:49 am

    Sex is biologic….if you have a “Y” chromosome, your sex is “male.” No disputing that, regardless of how you “self-identify” from hour to hour

    • George August 3, 2018, 6:51 am

      Brilliant comment, now if you could explain to the idiots on the left that there are more than 100 differences between male and female DNA, differences that can’t be changed by cutting something off or taking hormones you’d be a noble laureate!

  • Mark August 1, 2018, 1:56 am

    All this crap shows how truly sick this country has become.

  • Bill July 31, 2018, 9:16 pm

    What part of shall not be infringed don’t they understand?

    Why is ones gender necessary in order to exercise a constitutional right? We the PEOPLE, not We the Men, Woman & (fill in the blank) ______________.

    • Dr Motown August 1, 2018, 8:50 am

      Why ask any questions, then? Name, address, place of birth….all irrelevant, eh?

      • shut up commie August 1, 2018, 2:02 pm

        Yes.

      • ThatGlennGuy August 3, 2018, 10:30 am

        It’s all kind of inconsequential, if you like, believe in that all that Constitution stuff and the “shall not be infringed” text and all, but really, who gives AF about the Constitution?

        • GArp August 3, 2018, 11:52 am

          Almost the entire country, troll. And it doesn’t really say anything about your right to pretend to be another sex….

          I like the part where you refuse to accept yourself the way your are, but insist everyone else accept the way you want to be. Like Napoleon Bonaparte….

  • Tito July 31, 2018, 8:16 pm

    Just check a box and get on with your life. Sheesh.

  • MP July 31, 2018, 6:18 pm

    Coming from a transwoman: good. Non-binary is imaginary and anyone who seriously identifies as non-binary has mental ilness beyond gender dysphoria.

    • hayden August 2, 2018, 4:32 am

      if you keep licking boots maybe cis people will accept you 😉

    • SB August 7, 2018, 11:23 am

      Also coming from a trans woman: fuck you. You should know better then anyone that gender is a western social construct with no real meaning outside of it’s social implications.

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