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

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.

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