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The Water Cooler
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Proposed ATF 4473 Change Includes Three Gender Choices
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<blockquote data-quote="mightymouse" data-source="post: 3310600" data-attributes="member: 15253"><p>Okay, as said before, the transferee must answer<strong> either "</strong>male" or "female", but not both, nor can they leave the question blank, nor can they make up an answer (such as an "X" or something similar). Nothing other than "male"<strong> or</strong> "female" is currently acceptable. (Anything other than a "male"<strong> or</strong> "female" answer disqualifies the transferee, just as it would if someone checks "yes" on the question about felony convictions.)</p><p></p><p>The thing to keep in mind is that the FFL cannot "guide" the transferee in any way concerning these questions; he/she can only refer said transferee to the instructions for the relevant question(s). Thus, if the "non-binary" transferee checks both boxes on the current form, or does not check either box, the transaction is over, just as if a convicted felon checks the appropriate "yes" box for felonies. The FFL need not explain the whys and wherefores, and can refer the disappointed transferee to the ATF for further guidance. </p><p></p><p>Now, as to your question,<em> currently</em> you can make a note on Line 31 if you don't believe that the transferee has accurately represented his or her sex, but you are not allowed to voice your opinions/concerns to the transferee, nor, IMO, does NICS wish to know. Examine the ID, make your own notes on Line 31 about your own observations/concerns, but let NICS take care of the rest.</p><p></p><p>The proposed changes, as I understand them, render all of this moot. The transferee can answer "Non-Binary", and he/she may even have a Driver's License from a state that issues non-binary D/Ls (to be used in the transfer of a long gun, say). In any event, there is no "wrong" answer that would signal the end of the transaction, unlike what we have seen in the example above. Regarding the "non-binary" then, their self-identity is not to be challenged by the FFL. Again, there is a line on the form for FFLs to make notes about their concerns and observations. Make those notes and let NICS make the final decision on the proposed transfer. We can do our best to verify a potential transferee's I.D., but in the end, we are not unilaterally empowered to decide someone else's sexual identity.</p></blockquote><p></p>
[QUOTE="mightymouse, post: 3310600, member: 15253"] Okay, as said before, the transferee must answer[B] either "[/B]male" or "female", but not both, nor can they leave the question blank, nor can they make up an answer (such as an "X" or something similar). Nothing other than "male"[B] or[/B] "female" is currently acceptable. (Anything other than a "male"[B] or[/B] "female" answer disqualifies the transferee, just as it would if someone checks "yes" on the question about felony convictions.) The thing to keep in mind is that the FFL cannot "guide" the transferee in any way concerning these questions; he/she can only refer said transferee to the instructions for the relevant question(s). Thus, if the "non-binary" transferee checks both boxes on the current form, or does not check either box, the transaction is over, just as if a convicted felon checks the appropriate "yes" box for felonies. The FFL need not explain the whys and wherefores, and can refer the disappointed transferee to the ATF for further guidance. Now, as to your question,[I] currently[/I] you can make a note on Line 31 if you don't believe that the transferee has accurately represented his or her sex, but you are not allowed to voice your opinions/concerns to the transferee, nor, IMO, does NICS wish to know. Examine the ID, make your own notes on Line 31 about your own observations/concerns, but let NICS take care of the rest. The proposed changes, as I understand them, render all of this moot. The transferee can answer "Non-Binary", and he/she may even have a Driver's License from a state that issues non-binary D/Ls (to be used in the transfer of a long gun, say). In any event, there is no "wrong" answer that would signal the end of the transaction, unlike what we have seen in the example above. Regarding the "non-binary" then, their self-identity is not to be challenged by the FFL. Again, there is a line on the form for FFLs to make notes about their concerns and observations. Make those notes and let NICS make the final decision on the proposed transfer. We can do our best to verify a potential transferee's I.D., but in the end, we are not unilaterally empowered to decide someone else's sexual identity. [/QUOTE]
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