Comment on FR Doc # 2026-08932

I am writing to voice my opposition to the proposed "biological sex" requirement on the ATF Form 4473. The ATF’s role in regulating firearms transfers is to help ensure that firearms are transferred only to persons who are legally eligible to receive them and to support specific related law enforcement functions. The Notice of Proposed Rulemaking does not identify any evidence that the current Form 4473’s absence of a “sex reported at birth” field has impaired NICS background checks, firearms tracing or criminal investigations. Nor does it identify any instances in which the existing sex field resulted in investigative errors or otherwise impaired the ATF’s statutory functions. This proposal imposes an unnecessary disclosure of private information. For some people, reporting the sex recorded on a birth certificate may disclose sensitive personal information not needed to assess the legality of a firearms transfer. Requiring this information is inconsistent with the principle of data minimization because it requires collecting information that does not appear necessary for the stated regulatory purpose. The NPRM does not provide any evidence that the proposed data field change will improve the NICS background check system’s accuracy or improve firearms tracing. Additionally, NICS background checks are conducted using a transferee’s current legal information including date of birth, name, and with a government-issued identification document. Investigators likewise rely on current government-issued identification documents when investigating improper transfer or unlawful possession cases. Requiring disclosure of the sex recorded at birth on a person’s birth certificate does not appear to improve determination of legal eligibility to receive or possess a firearm, nor does it appear necessary for identifying the transferee during the NICS check. Finally, this requirement is likely to discourage otherwise eligible persons from exercising a constitutional right by conditioning transfer regulatory approval on disclosing irrelevant information. If the ATF believes this data field is needed, it should provide evidence that it will significantly improve background check accuracy, firearms tracing and/or criminal investigations. Furthermore the ATF should demonstrate these benefits outweigh the privacy and compliance burdens placed on lawful transferees and FFL holders. The Notice of Proposed Rulemaking identifies no deficiencies in the present background check system or firearms tracing process the proposed change to the 4473 would remedy. In the absence of this showing, the additional collection of sensitive personal information imposes additional privacy costs without demonstrating a public safety benefit. I therefore urge the ATF to withdraw the proposed biological-sex requirement from Form 4473.