1140-0035 Justification

BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES

Supporting Statement

Information Collection Request

OMB 1140-0035

Firearms Transaction Record Part I, Low Volume--Over-The-Counter, ATF F 4473 (5300.24)

Firearms Transaction Record Part II, Low Volume--Intrastate Non-Over-The Counter, ATF F 4473 (5300.25)

Licensed Firearms Dealers Records of Acquisition, Disposition, and Supporting Data

ATF REC 7570/2

1. Justification

1. Licensees’ records of acquisition, disposition and supporting data are required under the authority of 18 U.S.C. 923 (g)(1)(A). The purpose of this information collection is to determine the eligibility of the transferee to receive firearms under Federal law and to ensure a dealer is keeping legally proper records of his or her receipt and disposition of firearms. The forms are used only by licensees disposing of 50 or less firearms per year and keeping, at their option, these low volume forms in lieu of regular acquisition and disposition records and ATF Form 4473. The information is subject to inspection by ATF officers and is required by 18 USC 922 and 923. The recordkeeping option for low volume dealers is provided for in 27 CFR 478.124a.

2. The forms are used by low volume firearms dealers to record acquisition and disposition of firearms and to determine the eligibility of buyers to receive firearms. A low volume dealer is a licensed dealer contemplating the disposition of not more than 50 firearms within the succeeding 12 month period to licensees or nonlicensees. Such 12-month period commences from the date the licensed dealer first records the purchase or other acquisition of a firearm on ATF F 4473 (LV) Part I or Part II. An intrastate non-over-the-counter transaction is a sale or other disposition of a firearm by the transferor (seller) to a transferee (buyer) who does not appear in person at the transferor’s premises. The transferee must be a resident of the State in which the transferor’s premises is located. The period of required record retention for both forms is 20 years.

2. None of the ATF F 4473 forms are posted on the ATF website due to security and legal issues. The low volume over-the-counter (5300.24) must be signed in front of the dealer. For the low volume non-over-the-counter, the licensee maintains copies of the form on the premises and sends a copy of the form to the purchaser. The form cannot be faxed or sent electronically.

2. ATF uses a uniform subject classification system for forms to identify duplication and to ensure that any similar information already available cannot be used or modified for the purpose of this information collection. The licensed firearms dealers records of acquisition, disposition, and supporting data furnish specific information is not obtainable elsewhere and the information is dispensable to ATF’s mission to enforce firearms law and regulations.

2. This collection of information has no impact on small business.

2. The consequence of not conducting this collection of information or conducting it less frequently would result in the licensee selling and transferring a firearm to a person who is not eligible.

2. There are no special circumstances that would cause this information collection to be conducted in any manner other than 5 CFR 1320.6.

2. The ATF industry liaison was involved with the firearms industry during the creation of this collection. A 60-day and 30-day Federal Register notice was published in the Federal Register in order to solicit comments from the general public. No comments were received.

2. No payment or gift is offered to the respondents.

2. All records regarding this collection are kept on the dealer’s premises in a secured location. Confidentiality is not assured.

2. Questions of a sensitive nature are asked to ensure that firearms are not sold to or received by certain persons. The information and certification on the forms are designed so that a person licensed under 18 U.S.C. 923 may determine if he or she lawfully may sell or deliver a firearm to the person requiring the firearm.

2. Estimated burden is as follows:

ATF F 4473 (5300.24) Part I (LV). It is estimated that 500 respondents are associated with this collection. Each respondent will complete the form 9 times therefore the number of responses is 4,500. The completion and retention of the form is estimated at 20 minutes. The total burden for this form is 1,500 hours (500 x 9 uses =4,500. 4,500 x 20 minutes =90,000. 90,000 divided by 60 = 1,500.). The record retention requirement for this form is 20 years.

ATF F 4473 (5300.25) Part II (LV). It is estimated that 500 respondents are associated with this collection. Each respondent will complete the form 1 time therefore the number of responses is 500. The completion and retention of the form is estimated at 20 minutes. The total burden for this form is 166 hours (500 x 1 use = 500. 500 x 20 minutes = 10,000. 10,000 divided by 60 = 166.). The record retention requirement for this form is 20 years.

The annual reporting and recordkeeping hour burden #13. 83-I will be the combination of both forms and reported as follows: number of respondents 1,000, number of responses 5,000, total burden 1,666.

2. There is a postage cost for ATF F 4473 (5300.25) Part II (LV) as the dealer has to mail the form to the buyer (500 x .42=$210.00). The buyer must mail the signed original form back to the dealer therefore postage cost to the buyer is (500 x .42=$210.00). The total cost is $420.00. Because this total is less than one thousand dollars, burden cost for #14 on the 83-I will be reported as 0.

2. The cost of printing and distribution of both forms is $4,000.

2. There are no program changes or adjustments regarding this information collection.

3. The results of this collection will not be published.

2. ATF requests authorization to omit printing the expiration date on ATF F 4473 (5300.24) Part 1 (LV) and ATF F 4473 (5300.25) Part II (LV). Printing the expiration date on the forms will result in increased cost because of the need to replace inventories that become obsolete by passage of the expiration date each time the OMB approval of the forms is renewed. The time period during which the current edition of the form in this package will continue to be usable cannot be predicted. It could easily span several cycles of review and OMB renewal. In addition, usage fluctuates unpredictably. It is necessary to maintain a substantial inventory of forms in the supply line at all times.

2. There are no exceptions to the certification statement.

2. Collections of Information Employing Statistical Methods.

None.

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