Comment on FR Doc # 2026-08932

Re: Opposition to Proposed Rule "Selecting Biological Sex on ATF Forms" (RIN 1140-AA64) To the Bureau of Alcohol, Tobacco, Firearms and Explosives: I am writing to formally oppose the proposed rulemaking regarding the selection of biological sex on ATF forms (RIN 1140-AA64). Operating an NFA firearms trust requires absolute precision when navigating federal regulations, as even minor clerical discrepancies on ATF paperwork can carry severe consequences. Rather than providing regulatory clarity, this proposed rule introduces unacceptable legal peril for law-abiding citizens by creating an intentional conflict between federal forms and legally valid, government-issued identification. The core flaw of this proposal is the impossible bind it creates for transgender Americans attempting to exercise their Second Amendment rights. When a prospective buyer presents a state-issued driver's license that reflects their legal gender, but is forced by this new rule to select a differing "biological sex" on Form 4473, they are placed in immediate legal jeopardy. The ATF relies on state-issued IDs to verify the identity of the purchaser; mandating a discrepancy between the buyer's physical ID and their federal background check form undermines the verification process and exposes the buyer to potential federal perjury charges. Furthermore, this rule completely ignores the practical reality of retail firearms transfers. In the interest of ensuring paperwork is flawless, Federal Firearms Licensees (FFLs) and their sales staff routinely assist buyers in filling out forms correctly. Confronted with a mismatch between a buyer's physical ID and their Form 4473, well-meaning gun sales workers will inevitably encourage buyers to change their 4473 gender marker to align perfectly with what is printed on their state ID. Because this rule dictates how sex must be recorded regardless of legal documentation, those sales workers would be entirely unaware that they are actively encouraging the buyer to commit what the ATF would now classify as a federal felony. Criminalizing law-abiding citizens through contradictory administrative hurdles does not enhance public safety. A regulatory framework that practically guarantees accidental felonies at the retail counter is fundamentally unworkable. I strongly urge the ATF to withdraw this proposed rule and maintain standards that allow Form 4473 to seamlessly align with a purchaser's legally recognized government identification. Sincerely, Jessica Carson