www.theconservativebrief.com
Gun Rights SHAKEN—Identity-Based Ban Looms…
A new Justice Department proposal to restrict gun rights for transgender Americans raises urgent alarms about government overreach and threats to the Second Amendment.
DOJ Considers Rule Singling Out Transgender Gun Owners
Senior Justice Department officials have launched internal deliberations on whether to restrict the right of transgender Americans to own firearms. This unprecedented move follows an isolated shooting incident at a Minneapolis Catholic school, with the alleged perpetrator identified as a transgender woman. The story broke after major news outlets confirmed multiple DOJ meetings on the topic. The proposal has already triggered heated debate, as it would be the first time federal firearm restrictions are considered based solely on gender identity.
Historical context reveals that federal gun laws have traditionally focused on criminal records, domestic violence, or adjudicated mental illness—not identity. The law prohibits those judged mentally ill from possessing firearms, but leading medical bodies, including the American Psychiatric Association, do not classify transgender identity as a mental illness. Advocacy groups warn that conflating gender identity with mental health conditions is both scientifically unsound and legally fraught, raising the specter of discrimination cloaked in the language of safety.
Legal and Constitutional Challenges Loom
Legal experts and constitutional scholars are sounding the alarm that targeting a specific group for gun restrictions, absent a lawful conviction or mental health adjudication, could violate both equal protection rights and the Second Amendment. The DOJ’s own Office of Legal Counsel is reportedly evaluating the legal feasibility of such a rule, but the lack of precedent and the high bar for restricting fundamental rights make its path highly uncertain. Civil rights and gun rights organizations are already preparing to contest any such move, viewing it as a dangerous expansion of federal authority over personal freedoms.
Medical associations have been unequivocal: being transgender is not, in itself, a medical or psychiatric disorder. They argue that using this as a basis for gun restrictions is not only unsupported by evidence, but also risks deepening the stigma and discrimination faced by transgender individuals. Meanwhile, gun rights groups, including the National Rifle Association, caution that allowing the government to single out any group based on identity opens the door to future erosions of liberty for all Americans.
Backlash and Broader Implications for American Freedoms
The DOJ’s internal discussions have sparked fierce opposition from diverse corners. Civil rights advocates see the proposal as a direct attack on due process and equal protection, warning of a slippery slope where political pressure—not evidence—guides policy. Social scientists note that there is no data showing increased violence among transgender individuals compared to the general population, undermining the public safety rationale for the policy. The potential for legal challenges is high, and any attempt to implement such a rule would likely face immediate court injunctions and a protracted battle over its constitutionality.
For conservative Americans, this episode underscores the ongoing fight to protect core rights from bureaucratic overreach and ideologically driven policy. Many see the DOJ’s consideration of this rule as emblematic of the broader threat posed by radical agendas that undermine both the Constitution and common sense. Grassroots mobilization is likely as gun owners, civil libertarians, and advocates for limited government join forces to defend against what they view as a test case for government intrusion on individual liberties.
DOJ weighs banning transgender people from owning firearmshttps://t.co/IHercGhBUG pic.twitter.com/wJQGIgHqUn
— The Washington Times (@WashTimes) September 5, 2025
While the proposal remains in the discussion phase, its mere consideration signals a troubling willingness within some government circles to sacrifice constitutional rights in pursuit of political expediency. The outcome of these deliberations will set a precedent, one way or the other, for how far the federal government can go in targeting specific communities under the guise of public safety. For millions of Americans committed to the principles of liberty and equal protection, this is a line that must not be crossed.
Sources:
DOJ mulling rule that could restrict transgender individuals from owning guns
After Minneapolis Shooting, Feds May Ban Gun Ownership for Trans People
Justice Department considering restricting gun ownership for trans people, CNN reports