Higgins Urges ATF to Update Firearms Transaction Form to Protect Americans from Mistakenly Committing Felonies and Gender Ideology Extremism

WASHINGTON—Subcommittee on Federal Law Enforcement Chairman Clay Higgins (R-La.) today is calling on the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to make necessary updates to its firearms transactions record form (Form 4473) to protect citizens from unknowingly making felonious misrepresentations and defend Americans from radical gender ideology. In a letter to Acting ATF Director Daniel Driscoll, Chairman Higgins requests information on whether the ATF has the authority to update the form to clarify a question to ensure individuals—who can certify in other legal situations that they are not a convicted felon but have not had their firearm ownership rights formally restored—from inadvertently committing perjury. He also seeks information to ensure the form complies with President Trump’s executive order to restore biological truth in the federal government.  

“The Gun Control Act of 1968 prohibits individuals who have been convicted of certain crimes from legally purchasing a firearm. For this reason, when individuals purchase a firearm, they are required to complete ATF Form 4473, which includes a question about their criminal background,” wrote Chairman Higgins. “The Gun Control Act of 1968 also includes restorative procedures for individuals whose ‘record and reputation are such that the applicant will not be likely to act in a manner dangerous to public safety’ and wish to again exercise their Second Amendment rights.^”  

Under the Gun Control Act of 1968, the Attorney General has the authority to consider applications to restore an individual’s Second Amendment rights. Attorney General Pam Bondi recently issued an interim final rule to reassert her authority to grant this relief to citizens. To protect American citizens whose rights have been restored, Chairman Higgins also introduced The Second Amendment Rights Restoration and Accountability Act in the 118^th Congress. This legislation directs the ATF to update Form 4473 to clearly inform applicants of existing exceptions for those who received pardons, expunged convictions, and had their rights restored. In addition, President Trump’s signing of Executive Order 14168 mandates clear and accurate language and policies be used to define biological sex. This policy negates the use of the term “non-binary” on ATF Form 4473. 

“There are numerous examples—such as employment and housing applications—where, over time (often seven to ten years), people can truthfully answer ‘no’ to questions asking if they have a criminal record. However, these same individuals may unknowingly be committing felonious misrepresentations when answering question 21(d) on ATF Form 4473, punishable by up to fifteen years in prison, if they have not had their rights restored by the Attorney General. Aside from this ambiguous process that could have life-altering consequences, ATF Form 4473 must be updated to remove ‘non-binary’ as a sex classification consistent with President Trump’s Executive Order 14168,” continued Chairman Higgins. “I urge [the ATF] to promptly update ATF Form 4473 to both comply with Executive Order 14168 and protect individuals against making unintended false statements.” 

Read the letter to the ATF here.