In the wake of a tragic mass shooting, a controversial policy response is taking shape. Senior officials within President Donald Trump’s Justice Department are reportedly considering a policy that would limit the right of transgender people to possess firearms. The discussions, first reported by CNN and ABC News, follow the August 27th shooting in Minneapolis carried out by a transgender individual but face immediate criticism for targeting an entire community that data shows is far more often victimized than violent.
What is the DOJ Proposing?
The alleged policy discussions are in their early stages but focus on creating a framework to restrict gun ownership for transgender Americans. Nearly a week has passed when transgender woman Robin Westman, 23, opened fire at Annunciation Catholic Church, killing two children and wounding twenty-one others.
If enacted, it would represent the latest in a series of administrative actions targeting the transgender community since Trump’s second-term inauguration. These have included an executive order declaring only two genders, the removal of transgender service members from the military, and a Justice Department effort to target gender-affirming care for minors.
Can Such a Policy Actually Work?
Legal experts and even officials within the DOJ itself express serious doubt. Since the Second Amendment protects all Americans and rights cannot be taken away based solely on identity without a demonstrated threat to society, a senior Justice Department official told CNN that the idea would probably encounter major legal obstacles.
The policy would need to navigate a complex web of constitutional law, setting a potential precedent that could be applied to other groups.
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What Does the Data Say?
The idea of focusing on the transgender population in general is refuted by a number of research and analyses:
- Population Size: Transgender people account for less than 2% of the U.S. population.
- Victimization Rates: A 2021 study by the Williams Institute at UCLA School of Law found transgender people are four times more likely than cisgender people to be victims of violent crime.
- Mass Shooting Prevalence: According to Newsweek, citing data from the Gun Violence Archive, transgender people accounted for approximately 0.1% of mass shootings since 2018, even after including the Minneapolis tragedy. The Violence Project, with a stricter definition, records only one transgender mass shooter in data going back to 1966.
How Are Advocacy Groups Responding?
LGBTQ+ organizations have condemned the reported discussions as discriminatory and misguided. A spokesperson for GLAAD stated, “Instead of actual solutions, the administration is again choosing to scapegoat and target a small and vulnerable population.”
Their concerns are echoed by experts. Michael Jensen, research director at a terrorism study consortium, told USA Today there is “no evidence to support the claim that transgender people are disproportionately responsible for mass violence events.”
Furthermore, reports indicate that many in the transgender community have purchased firearms for self-defense out of fear of being targeted, adding a layer of irony to the proposed policy. As one transgender individual told The Washington Post, “Trans people have every reason to be afraid because we are being attacked. Every single day, another right is lost.”
The debate pits a administration’s response to a tragedy against hard data and the fears of a marginalized community, ensuring a fierce legal and cultural battle if the policy moves forward.
