“Trans star of hit HBO series says renewed passport now says male after Trump order,” Fox News reported in late February. “Hunter Schafer, a transgender actor and star of the HBO series ‘Euphoria,’ revealed that her new passport was issued with a male gender marker because of an executive order signed by President Donald Trump.”
The Executive Order Schafer referred to, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” signed by Trump on Feb. 20, asserts:
“It is the policy of the United States to recognize two sexes, male and female.”
OK, but this is AmmoLand Shooting Sports News, and while all peaceable human beings are encouraged here to recognize and claim their right to keep and bear arms, it’s fair to wonder what any of this has to do with that. Trump’s order offers a tangentially related clue:
“Agencies shall remove all statements, policies, regulations, forms, communications, or other internal and external messages that promote or otherwise inculcate gender ideology, and shall cease issuing such statements, policies, regulations, forms, communications or other messages.”
Gun owners will recall that in 2020, the Bureau of Alcohol, Tobacco, Firearms and Explosive revised the ATF Form 4473 “Firearm Transaction Record,” required when purchasing a firearm from a federally licensed dealer. Among other changes, ATF added a box under “Sex” for prospective gun purchasers to check if they self-identify as “non-binary.”
What this means is the Form 4473 will need to be revised again if ATF is to comply with the executive order. As Orchid Advisors reported on AmmoLand in 2019:
“[A] 60-day notice seeking public comment … is required in accordance with the Paperwork Reduction Act of 1995 (“PRA”). In essence, the PRA requires government agencies to seek approval every three years for continued use of forms utilized by government agencies and to seek public comment on the form or its new revision, if applicable.”
As far as form changes go, it’s hardly a big one, although some on either side of the issue would argue the sociological implications actually are a big deal. In 2019, the “libertarian” CATO Institute took issue with “ATF’s rigid and unreasoned stated policy” of insisting on selecting “male” or “female” for transfers before the “non-binary” option was added in. They presumably will make the same arguments if it’s revised back out.
As long as “gun rights advocates” are picking things to get upset about, I’d suggest that’s a bit of a red herring argument, and the true outrage ought to be reserved for a prior restraint that presumes a delegated federal override of “shall not be infringed.” Imagine explaining the 4473 to Tench Coxe or Samuel Adams, and what their reaction would be if you told them that before the national government would allow them to own a gun, they’d have to – among other things and under penalty of perjury – disclose who they were, where they lived, what they were buying, and what was or is now between their legs.
About David Codrea:
David Codrea is the winner of multiple journalist awards for investigating/defending the RKBA and a long-time gun owner rights advocate who defiantly challenges the folly of citizen disarmament. He blogs at “The War on Guns: Notes from the Resistance,” is a regularly featured contributor to Firearms News, and posts on Twitter: @dcodrea and Facebook.
