News from Reeves & Dola, LLP 
*** R|D ALERT ***

This week, officials from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) confirmed the agency's existing policy concerning completion of the ATF Form 4473, Firearms Transaction Record for over-the-counter sales. The announcement was made during a conference with officials from the Federal Bureau of Investigation (FBI) and members of the firearms industry. 
ATF officials stated that purchasers must check either "Male" or "Female" in Block 6 of the Form ("Sex"), and may not leave this block blank, check both boxes, or add a handwritten entry to the form such as "Gender X." ATF advised that if purchasers refuse to complete the Form 4473 correctly, the licensee should terminate the transaction.
ATF officials explained the issue has come up recently because of changes in certain state laws (Oregon and the District of Columbia) allowing a third gender category on state-issued identification documents. Federal firearms licensees asked for guidance from ATF concerning purchasers who present an identification document with this gender category and how the Form 4473 should be completed.
ATF officials emphasized the agency's position is not a change from current policy and is consistent with ATF regulations in 27 C.F.R. § 478.124(c)(1), which requires the transferee's sex on the Form 4473. ATF officials also noted the position is required by FBI regulations relating to queries of its records systems. These regulations in 28 C.F.R. § 25.7(a) require inclusion of sex as one of the search descriptors for the background check.

The above alert is for informational purposes only and is not intended to be construed or used as legal advice. Receipt of this alert does not establish, in and of itself, an attorney-client relationship.    

Questions about this alert can be directed to: 

Johanna Reeves: 202.715.9941  | [email protected]   
Teresa Ficaretta: 202.715.9183  [email protected]

About Reeves & Dola

Reeves & Dola is a Washington, DC law firm that specializes in helping clients navigate the highly regulated and complex world of manufacturing, sales and international trade of defense and commercial products. We have a deep understanding of the Federal regulatory process, and use our expertise in working with a variety of Federal agencies to assist our clients with their transactional and regulatory needs.

Reeves & Dola, LLP
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