The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) has quietly modified its firearm transfer form 4473, which all gun buyers must complete before a background check, to include a third gender option: “non-binary.” The change, introduced under the Biden administration, departs from the traditional “male” or “female” selections that had long been the standard.
Form 4473 is a critical document in every retail firearm sale. It asks whether the purchaser is the actual buyer of the gun, whether they face felony charges, or whether they are an unlawful user of controlled substances such as marijuana, stimulants, or narcotics. It also probes the mental health of applicants, providing federal authorities with grounds to deny sales.
Historically, Question 14 required gun buyers to indicate their sex as either “male” or “female.” Now, buyers can choose “non-binary,” a revision that critics argue creates confusion and could open the door to further politicization of firearms regulations.
Although the ATF has implemented the change, licensed firearms dealers retain discretion in how they handle such cases. Dealers can deny a sale if they believe the applicant poses a risk, and some dealers may interpret a “non-binary” selection as grounds for concern over mental health stability.
Cave Creek Guns owner George Urmston told Breitbart News he expects the Justice Department’s proposed transgender gun ownership restrictions to mirror this approach. “By recognizing transgenderism as a mental illness, the DOJ would give licensed gun dealers solid footing in denying a gun sale to a biological male who pretends he is a female, or vice versa,” he explained.
The move comes as the DOJ is reportedly exploring broader restrictions on transgender individuals owning firearms, citing mental health concerns following recent high-profile shootings. The ATF form change may signal the administration’s intent to give federal regulators and dealers more leeway in rejecting applicants.
