Opposing Gender Discrimination by the Alcohol, Tobacco, Firearms and Explosives Bureau
July 31, 2026
Woodhull Freedom Foundation Response to a Proposed Rule by the Alcohol, Tobacco, Firearms, and Explosives Bureau: Selecting Biological Sex on ATF Forms
Woodhull Freedom Foundation is a national organization dedicated to defending and protecting sexual freedom as a fundamental human right. Woodhull protects individuals’ rights across the United States to enjoy sexual dignity, privacy, and consensual sexual expression without societal or governmental interference, coercion, or stigmatization. In carrying out this work, we defend the rights, health, and safety of Transgender, Nonbinary, and Gender Expansive individuals. It is in this capacity that we submit this comment to oppose the Alcohol, Tobacco, Firearms, and Explosives Bureau’s (ATF) proposed rule change published in the Federal Register on May 6, 2026, to enforce the White House’s Executive Order 14168 “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.”
In the proposed rule, the ATF claims it is necessary to revise ATF forms to require individuals to “select their biological sex”. In doing so, the ATF proposes to, “amend the language of 27 CFR 478.21, 479.21, and 555.21 to explain that ‘sex’ as required by any ATF form (1) means an individual’s immutable biological classification as either male or female, and (2) is not a synonym for and does not include the concept of gender identity.” We are deeply disturbed by the methods proposed to implement Executive Order 14168, including the ATF’s proposal to add a sentence to § 478.21(a) and § 555.21(a) that reads, “Each form shall be executed under penalties of perjury, if the form or the regulation so provide.” The ATF claims this rule would, “simply add this language for consistency and clarity in parts 478 and 555.”
Far from being a simple change to ATF forms, the enforcement of Executive Order 14168 within the ATF represents a grave threat to transgender and intersex people whose identification documents match their gender rather than sex assigned at birth. Executive Order 14168 attempts to make it the United States policy to recognize only two sexes, male and female. This proposed rule reinforces this effort by inaccurately claiming that an individual’s sex is based on an “immutable biological classification as either male or female.” By changing the language on ATF forms, transgender and intersex applicants risk criminal liability or false-statement accusations if their driver’s licenses or passports show a gender marker that conflicts with the federal requirement for “biological sex at birth.”
The recognition of only two sexes is not only scientifically inaccurate but extremely harmful to the mental and physical well-being of gender diverse individuals. We include here a brief excerpt from our Fact Checked by Woodhull series, which addresses the reality of sex and gender:
“Sex and gender are complex and exist on a spectrum, yet society often creates narrow, rigid categories that fail to reflect this diversity. These restrictive categories can cause harm by excluding and shaming anyone who exists outside of these lines, especially transgender and intersex people. Being forced into categories that do not align with identity can cause discrimination and violence in families, healthcare, and social systems. This can have serious long-term emotional and physical consequences for individuals who are outside of these lines. For example, transgender youth reported significantly increased rates of depression, suicidality, and victimization compared to their cisgender peers. These are often accompanied by struggling with belonging in school, family issues, and internalized self-stigma.”
It is imperative that the ATF and all federal government policies accurately represent the complexities of sex and gender. We include in this comment PDFs of Woodhull publications, which provide accurate language that should be used in public policy related to gender and sex:
This proposed rule from the ATF threatens human rights and civil protections for millions of people throughout the United States and furthers the cruel attacks against transgender, non-binary, and gender expansive individuals. We also raise alarm at the fact that this is all part of a nationwide assault on trans people that is so dire that the Lemkin Institute for Genocide Prevention and Human Security has warned that policies targeting transgender people in the United States are indicative of the early stages of genocide.
We call on the ATF to recognize the proposed rule’s inherent harms to privacy, security, and equality, and reject its implementation.