Revised_Justification_March_2012

DEPARTMENT OF JUSTICE

BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES

SUPPORTING STATEMENT

OMB 1140-0024

ATF F 5300.5 REPORT OF FIREARMS TRANSACTION

A JUSTIFICATION

1. Necessity of Information Collection

This report is required under authority 18 U.S.C. 923(g) in the form and manner specified in 27 CFR 478.126(a), and is in addition to all records and reports required under any other provision of law or regulations. The information collection documents transactions of firearms for law enforcement purposes. Each licensee shall, when required by letter issued by a Bureau of Alcohol, Tobacco, Firearms and Explosives Official, and until notified to the contrary in writing by such official, submit on ATF F 5300.5, Report of Firearms Transactions, for the periods and at times specified in the letter issued by a Bureau of Alcohol, Tobacco, Firearms and Explosives Official, all record information required by this subpart, or such lesser record information as the Bureau of Alcohol, Tobacco, Firearms and Explosives Official in his letter may specify.

2. Needs and uses

The form is used when the Bureau of Alcohol, Tobacco, Firearms and Explosives Official has reason to believe that the licensee is not complying with law. The licensee may be called upon to report firearms transactions for such periods and at such times as the Bureau of Alcohol, Tobacco, Firearms and Explosives Official may deem necessary, to determine the amount of activity and types of transactions, and whether the activity is criminal. The form clearly identifies the information required and it is drawn from the required records. ATF personnel examine the completed forms to determine the extent of discrepancies, if any.

3. Use of Information Technology

This form is available on ATF’s website to download and print. The electronic form is fillable and individuals with disabilities (508 Compliant) can access this form. The electronic form cannot be submitted at this time, but ATF is attempting to find a means to allow electronic submission on the next revision of the form if funding is available.

4. Efforts to Identify Duplication

ATF uses a subject classification system to identify duplication and to ensure that any similar information already available cannot be used or modified for use for the purpose of this information collection.

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5. Minimizing Burden on Small Businesses

This collection does not have any impact on small business.

6. Consequences of Not Conduction or less frequent Collection

Consequences of not conducting this information collection may result in criminal liabilities and revocation or denial of a Federal Firearms License.

7. Special Circumstances

This information collection requirement is conducted in a manner consistent with 5 CFR 1320.6.

8. Public Comments and Consultations

The ATF industry was involved with the firearms industry (dealers) 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. Two comments were received. One comment was for an explanation of how the number of estimated respondents was determined. The second comment was providing information regarding the California Attorney General and the State of California firearms transaction procedures. Both comments were responded to by the program office.

9. Provision of Payments or Gifts to Respondents

No payment or gift is associated with this collection.

10. Assurance of confidentiality

This information is used for law enforcement purposes only. Confidentiality is not assured.

11. Justification for Sensitive Questions

Records of sensitive nature are not required. Sensitive questions are not contained on the form.

12. Estimate Respondents Burden

It is estimated that 790 respondents will complete the information one time. Total responses are 790, and it is estimated that it takes one hour to complete the form. The total burden associated with this collection is 790 hours.

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13. Estimate of Cost Burden

There is no start up cost or annual cost to the respondent.

14. Cost to Federal Government

The cost to the Federal Government is estimated to be a total of $240.00

15. Reason for Change in Burden

The change in burden is due to more firearms being traced and the number of FFLs that have been notified by the Attorney General to report the required information. Some may have started or ceased business operations from previous collections.

16. Anticipated Publication Plan and Schedule

The results of this collection will not be published.

17. Display of Expiration Date

ATF does not request approval to not display the expiration date for OMB approval of this collection.

18. Exception to the Certification Statement

There are no exceptions to the certification statement.

B. Collections of Information Employing Statistical Methods

This collection of information employs no statistical methods.