The Justice Department is debating proposals that could ban transgender Americans from owning guns, according to two officials familiar with the discussions.
The talks come after the recent Minneapolis Catholic church shooting where a 23-year-old transgender woman killed two children and injured 21 people. The idea has been promoted in some conservative media circles since the attack.
If put in place, the policy would mark a major expansion of President Donald Trump’s efforts to limit transgender rights. He has already issued executive orders banning transgender people from serving in the military and requiring that transgender inmates be housed based on their sex assigned at birth.
Gun restrictions have traditionally been opposed by Republicans and gun rights groups, who argue against policies like red flag laws designed to keep firearms away from people with mental health struggles. Still, Justice Department leaders are looking into whether they can classify transgender people as mentally ill, which could be used to take away their Second Amendment rights.
One Justice Department official warned, however, that such a move would face serious legal challenges. Millions of Americans live with mental health issues but are not considered dangerous and therefore cannot legally lose their gun rights. Current federal law requires a judge to declare someone mentally “defective” before their right to own firearms can be removed.
Alejandra Caraballo, a Harvard Law School instructor, said the effort could lead to broader government overreach. She argued that agencies could use gender dysphoria diagnoses to target transgender Americans and possibly create lists through programs like Medicare or the Social Security Administration.
“This precedent being used against trans people could be used against veterans with PTSD,” Caraballo warned. “It’s a slippery slope to make anyone lose their 2nd Amendment rights.”
GLAAD also criticized the move, saying the DOJ was scapegoating a small and vulnerable group. A spokesperson pointed out that transgender people make up less than 2% of the U.S. population but are four times more likely to be victims of crime.
Research shows transgender people are not behind most mass shootings. Of the more than 5,700 U.S. mass shootings since 2013, only five confirmed shooters were transgender, according to Mark Bryant, head of the Gun Violence Archive.
Still, some conservative allies of the president argue that gender dysphoria is a mental illness that should disqualify people from buying guns. Gender dysphoria is listed in the American Psychiatric Association’s DSM, which classifies mental disorders. However, the diagnosis applies only when distress around gender identity causes significant problems—not simply when someone’s gender identity differs from their sex at birth.
In a statement, the Justice Department said it “is actively evaluating options to prevent the pattern of violence we have seen from individuals with specific mental health challenges and substance abuse disorders. No specific criminal justice proposals have been advanced at this time.”
Attorney General Pam Bondi has already pushed efforts targeting gender-affirming care. Earlier this year, the DOJ sent more than 20 subpoenas to clinics and doctors, including Children’s Hospital of Philadelphia, demanding sensitive patient information about transgender treatments.
Bondi has also supported some gun restrictions in the past. As Florida’s attorney general, she defended a law raising the minimum age for gun purchases after the 2018 Parkland school shooting. She also helped advance the ban on bump stocks during Trump’s first term, though the Supreme Court later overturned that policy.
