DOJ mulling rule that could restrict transgender individuals from owning guns

[Lori Dee]

DOJ mulling rule that could restrict transgender individuals from owning guns
Link to Full Article
ABC News - Alexander Mallin, Katherine Faulders, and Luke Barr
September 4, 2025, 3:30 PM

Senior Justice Department officials have held internal deliberations in recent days over potentially issuing a rule that could restrict transgender individuals from being able to own firearms, two officials familiar with the discussions confirmed Thursday to ABC News.

Such a proposal could face significant pushback not only from civil rights groups but from gun rights organizations, which have historically been resistant to the issuance of any regulations restricting people's access to firearms.

There is no evidence to suggest transgender people are more likely to be violent than the general population. However, transgender people are far more likely than average to be the victim of a violent crime.

The American Psychiatric Association (APA) and other major medical associations do not consider being transgender a mental illness and recognize transgender and gender diverse identities as normal variations in human expression.

The possible move would be the latest escalation in an ongoing push by the Trump Administration to restrict the rights of transgender individuals -- and would appear to conflict with other moves by the Justice Department to lift what it has argued are unfair burdens restricting Americans' Second Amendment rights to bear arms.

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KNOW YOUR RIGHTS!

The Second Amendment to the United States Constitution protects the right of the people to keep and bear arms. It is one of the rights of all citizens that cannot be taken away or infringed upon.

The Georgia Supreme Court ruled: "The right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, and not such merely as are used by the militia, shall not be infringed, curtailed, or broken in upon in the smallest degree..." ~ Nunn v. State of Georgia, (1846)

U.S. Supreme Court: "The right to keep and bear arms exists independent of the Constitution or the 2nd Amendment. The 2nd Amendment has no other effect than to restrict the powers of the national government, ..." ~ U.S. v. Cruikshank, (1875)

In District of Columbia v. Heller (2008), the Supreme Court handed down a landmark decision that held the amendment protects an individual right to possess and carry firearms.

In McDonald v. Chicago (2010), the Court clarified its earlier decisions that limited the amendment's impact to a restriction on the federal government, expressly holding that the Due Process Clause of the Fourteenth Amendment incorporates the Second Amendment against state and local governments.

In Caetano v. Massachusetts (2016), the Supreme Court reiterated its earlier rulings that "the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding" and that its protection is not limited to "only those weapons useful in warfare".

"A law repugnant to the Constitution is void. An act of Congress repugnant to the Constitution cannot become a law. The Constitution supersedes all other laws and the individual's rights shall be liberally enforced in favor of him, the clearly intended and expressly designated beneficiary." ~ Marbury v. Madison, (1803)

"Where rights secured by the Constitution are involved, there can be no rulemaking or legislation which would abrogate them".   ~ Miranda v. Arizona (1966)

"An unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords no protection; it creates no office; it is in legal contemplation as inoperative as though it had never been passed".  ~ Norton v. Shelby County, Tennessee (1886)

"No state shall convert a liberty into a license, and charge a fee therefore." ~ Murdock v. Pennsylvania (1943)

"If the state converts a right (liberty) into a privilege, the citizen can ignore the license and fee and engage in the right (liberty) with impunity." ~ Shuttlesworth v. City of Birmingham, Alabama (1969)

[Maid Marion]

Obviously nobody is thinking this through.
Trangenders often live in the dangerous parts of big American cities.
Yes, they have guns like many who live in those places.
Good luck disarming those who have legal gun permits who live in the most dangerous parts of America.
It is an undertaking that will require the services of undertakers.

[Robbyv213]

I remember when the gov was trying to enforce people to turn in their firearms during the biden administration, no police force or sheriff in the right mind will go to anyone's home and demand their fire arms be handed over, and this was in Pa at the time. 

They know they will most likely be met with force resulting in lives being lost needlessly, especially if there is no probable cause for it.

Like many have said "come and take them", then they will see how wrong their actions were when they are met with an overwhelming violence of action to establish firepower superiority to deter or defeat the individuals who are acting as a domestic enemies of the constitution of the United states.

[Lori Dee]

I recognize that everyone has their own opinions about guns. The important thing here is that this is not about guns. It is about a human right to self-defense that is protected by the Constitution.

By having a right protected like this, one is free to choose. If you don't like guns, you are not required to have one. But you have the right to change your mind as you see fit. When a basic human right like this is stripped away, those who enjoy guns, or hunting, or target shooting for sport, are deprived of the right to choose. And in this case, transgender people are again being specifically targeted for discrimination.

Government officials and other groups always raise this issue after a mass shooting incident. A gun is just the tool they used. In England, guns were banned, and stabbing incidents increased. The government then suggested banning knives. Jokes were floating around the internet about the police kicking in doors to confiscate people's silverware.

Someone who is intent on violence will find a tool to use. Restricting human rights does not solve the problem; it only affects law-abiding citizens. Criminals typically do not adhere to the law.

"Those who would give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety." ― Benjamin Franklin

If the history of dictatorships teaches us anything, it is that you will lose both safety and liberty.

[Robbyv213]

I really don't know how America has been able to stray so far down this path.

I think if this passes and becomes law, I think that this is the final red flag that everyone should recognize and really think about what will come next and the potential dangers of remaining in this country.

I've always considered myself a patriot, always felt the call to service which is why I joined the military. Now more than ever I am ashamed of what America is becoming. And as we keep moving in this direction I keep asking myself how far are we going to allow this. How far will the people who took the oath to defend the constitution of the United States from all enemies foreign and DOMESTIC, how far will we sit and continue to do nothing...

Clearly they have shown time and again they will do what ever they want no matter the legality of it. When will Americans stand up.

[Lori Dee]

Clearly they have shown time and again they will do what ever they want no matter the legality of it. When will Americans stand up.

They are beginning to. More and more, we are seeing thousands of protests across the country every month. The number of people coming out to support these protests is increasing as well.

Politicians are noticing. There is strong pushback coming from California, New York, and Illinois. Even within the GOP, some members are rethinking their position. Some do not want to get caught in the middle and have decided not to run for reelection.

A lot is happening, and the midterm elections have historically swung to the party not in power. That is what happened in Trump's first term, and he was impeached twice. He knows it is coming for him again. That is why he is doing the things he is, like encouraging the GOP to gerrymander the voter maps, ban mail-in ballots, and demand stricter voter ID laws. I believe that is also why we have armed National Guard troops in the Capital. He knows very well what Jan. 6th looked like.

[Sephirah]

Coming from the UK, I won't really comment on the whole gun thing, other than to say that most cops in the UK don't carry guns, and neither do most criminals. Which tends to lead to a lot less people being shot. Because we have very strict gun laws. I do not understand the right for people to have guns. But I don't have to because I don't live there. To me, the right to bear arms is the right to wear T-shirts.

I know this is a massively hot topic and has been for decades. And not something you can just logic your way out of. All I would say is that I would think it would be people around trans people who should be looked at for having guns, not the trans people themselves. Considering. It makes absolutely no sense for someone to be prohibited from something because of gender identity. None whatsoever.

[Lori Dee]

It makes absolutely no sense for someone to be prohibited from something because of gender identity. None whatsoever.

Exactly this.
 

[Lori Dee]

@Sephirah

Sorry, but this deserves a meme.

[Sephirah]

@Sephirah

Sorry, but this deserves a meme.

Hah, that's fair. I think that... speaking purely from a UK perspective though, people tend to be very anti-something when someone uses that something to commit a horrible crime.

I will give you an example...



Sometimes you can't just mind your own business.

[Athena]

Being Canadian witch has different gun laws than the U.S. I have to say that this is just a dog whistle trying to focus attention and hate towards trans people. I find it absolutely disgusting that the same people who fight tooth and nail for people on the no fly list to have access to guns are the same people who are more than willing to disarm trans people.

[Lori Dee]

this is just a dog whistle trying to focus attention and hate towards trans people.

Exactly. Anything to demonize us so they can justify taking away civil rights. They use the "mental health" angle because nothing else gives them any leverage.

But the rights as laid out in the Constitution do not say, "except for these people, or those people". A judge can remove certain rights upon conviction of a felony, such as possession of weapons, the right to vote, or where one is permitted to travel. But without a court order, the Constitution stands as written: "The right to keep and bear arms shall not be infringed." Period.

[Robbyv213]

Just like the whole passport thing. A waste of time. They will enforce unconstitutional laws until it is settled in court and by then they hope the damage will be done, keeping us all trying to keep up with reversing everything he is doing.

Just one big endless distraction cycle to keep people looking in the wrong direction.

[Sephirah]

Exactly. Anything to demonize us so they can justify taking away civil rights. They use the "mental health" angle because nothing else gives them any leverage.

The irony of that whole thing is that someone who is forced to remain in the closet with regard to being trans is far more likely to be the kind of person whose pent up emotions take them to a place where nasty stuff can happen. It is likely to have the opposite effect to the one these smoothbrains might think it will have.

People able to be themselves tend to be more mentally healthy than people who aren't. That's kind of the whole point. Just something these pen pushers might want to think about.

[Lori Dee]

People able to be themselves tend to be more mentally healthy than people who aren't. That's kind of the whole point. Just something these pen pushers might want to think about.

They don't care, as long as they get to have their way.

"The facts, although interesting, are irrelevant."
~ Albert Einstein

[Lori Dee]

UPDATE:
NRA says it opposes idea of banning transgender Americans from owning guns
Link to Full Article
CNN - Hannah Rabinowitz
Sep 5, 2025

... the National Rifle Association said Friday it will oppose any blanket rule that limits Second Amendment rights.

Their declaration comes after CNN and other outlets reported that Justice Department leadership is considering whether it can use its rulemaking authority declare that people who are transgender are mentally ill and can lose their rights to possess firearms.

"The NRA supports the Second Amendment rights of all law abiding Americans to purchase, possess and use firearms," the organization said in a social media post."NRA does not, and will not, support any policy proposals that implement sweeping gun bans that arbitrarily strip law-abiding citizens of their Second Amendment rights without due process."

Though the internal talks are preliminary and a final rule is far from being implemented, the discussions were faced with an immediate public outcry – including from civil rights groups and gun advocacy groups who claim any such rule would be overly broad and unconstitutionally target a minority group's rights.

There is no evidence to suggest transgender people are more likely to commit mass attacks. Data does show, however, that transgender people are far more likely to be the victims of a violent crime.

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