Senior Justice Department officials have held preliminary talks about whether to restrict gun ownership by transgender Americans, people familiar with the matter told news outlets, in discussions that followed a late‑August mass shooting in Minneapolis.
Officials described a proposal under consideration that would, in effect, seek to classify transgender people as mentally ill in order to disqualify them from possessing firearms under federal law. One official described the aim as ensuring “that mentally ill individuals suffering from gender dysphoria are unable to obtain firearms while they are unstable and unwell,” according to reporting.
The discussions, characterized by officials as preliminary, were reported after the Aug. 27 shooting at Annunciation Catholic School in Minneapolis that authorities say was carried out by 23‑year‑old Robin Westman. Police said the attack killed two people and injured more than 20 others. The Associated Press reported that the firearms used by the suspect were purchased legally.
A White House official confirmed to The Washington Post that Justice Department officials were discussing potential restrictions, but said the proposal was "not on the docket" in the Oval Office. The Justice Department declined to detail the scope of internal deliberations but told news organizations it is "actively evaluating options" aimed at preventing similar incidents of mass violence.
Any effort to bar an entire class of people from buying or possessing firearms would raise legal and constitutional questions. Federal law already bars people adjudicated as mentally defective or involuntarily committed to a mental institution from possessing firearms, under 18 U.S.C. 922(g)(4). Legal experts say, however, that applying a diagnosis or label broadly to a population rather than tying disqualifications to individualized judicial findings or involuntary commitments would be unprecedented and likely contested in court.
The potential proposal comes after a series of mass shootings have renewed debate over the balance between public safety and gun rights. The conversations at Justice Department headquarters would follow President Donald Trump’s earlier moves to restrict transgender Americans’ roles in the U.S. military.
America’s largest gun lobby, the National Rifle Association, issued a statement saying it supports the Second Amendment rights of "all law‑abiding Americans to purchase and use firearms" and reiterated opposition to measures that would restrict those rights. The NRA said it would not support policy proposals that target classes of people rather than individuals who have been adjudicated or committed under existing legal standards.
Advocates for transgender rights and civil‑liberties organizations have previously challenged government policies they view as discriminatory; legal groups have signaled concern that any rule treating gender dysphoria as a categorical mental‑health disqualification could face immediate legal challenges, citing constitutional equal‑protection principles and medical standards.
Justice Department officials said discussions remain internal and under review. No formal rulemaking or policy change has been announced, and senior White House officials said they had not placed such a proposal before the president. The shape, timeline and legal pathway for any action by the administration remain unclear as officials continue to evaluate options in the wake of the Minneapolis attack.