1140-0032 Supporting Statement-Justification (3-4-14)

DEPARTMENT OF JUSTICE

Bureau of Alcohol, Tobacco, Firearms and Explosives

Supporting Statement – Information Collection Request

Records of Acquisition and Disposition, Collectors of Firearms

OMB # 1140-0032

1. Justification

1. Necessity of Information Collection

The recordkeeping requirements as contemplated by 18 U.S.C. 923, under the Gun Control Act of 1968 (GCA), as amended, are for the primary purpose of facilitating ATF’s authority to inquire into the disposition of any firearm in the course of a criminal investigation. Because the regulations require uniform formats for recordkeeping, the records serve a major secondary purpose: granting ATF Officers the authority to examine a collector’s records for firearms traces or compliance inspections, per 27 CFR 478.23(c)(1),(2). These compliance inspections are also conducted under the authority of 18 U.S.C. 923(g)(1) (A), (B), (C), and (D).

2. Needs and Uses

Unlike other Federal Firearms Licensees, Licensed Collectors are not required to use the ATF F 4473. Therefore, Collectors records are established by entering the required information, (description of firearm, receipt, and disposition), into the proper record book as mandated by 27 CFR 478.125(f). The Collector must record this information, no later than the close of the next business day following the date of acquisition or 7 days following date of disposition of curios and relics. The records must be maintained in bound form under the required format. ATF may use the information for criminal investigations or inspections for government purposes. The record retention requirement for this collection of information is 20 years.

3. Use of Information Technology

Collectors record and maintain the required information on the premises of the licensee (description of firearm, receipt, and disposition) in accordance with the format required by 27 CFR 478.125(f). See copy of the required format attached to this information collection. ATF permits the use of information technology. ATF Ruling 2013-5 details the approved use of information technology for Acquisition and Disposition (A&D) records.

4. Efforts to Identify Duplication

The ATF subject classification system is used to identify duplication. No similar information is available regarding this information collection.

4. Minimizing Burden on Small Business

This collection of information has no significant impact on small businesses.

4. Consequences of Not Conducting or Less Frequent Collection

Less frequent collection of this information would pose a threat to public safety as the information is used for criminal investigations and firearms traces.

4. Special Circumstances

There are no special circumstances associated with this collection. This requirement is conducted in a manner consistent with 5 CFR 1320.6.

4. Public Comments and Consultations

A 60-day and 30-day notice was published in the Federal Register in order to solicit comments from the public. No comments were received.

4. Provision of Payments or Gifts to Respondents

No payment or gift is associated with this information collection.

4. Assurance of Confidentiality

The records are maintained at the premises of the licensee in a secured location. Confidentiality is not assured.

4. Justification for Sensitive Questions

No records of a sensitive nature are maintained.

4. Estimate of Respondent’s Burden

There are 64,327 respondents for this information collection. Respondents will report once annually. The estimated time to complete each report is 3 hours. The annual time burden associated with inspection reporting is 192,981 hours (3 hours X 64,327 respondents).

ATF does not have a data source to estimate the number of records produced annually per respondent.  Assuming that the average respondent creates or maintains 1 record each, and the time needed to do so is estimated at 3 minutes, the annual time burden to create and maintain records is 3216 hours (3 minutes X 64,327 respondents = 3,216 hours). 

The total annual burden hours for this collection is 196,197 (192,981 inspection burden hours + 3,216 record creation/maintenance burden hours = 196,197).

4. Estimate of Cost Burden

There is no new cost or annual cost associated with this collection.

4. Cost to the Federal Government

There is no cost to the Federal Government.

4. Reason for Change in Burden

The adjustments associated with this collection are increases in number of respondents and total annual burden hours.

4. Anticipated Publication Plan and Schedule

The result of this information collection will not be published.

4. Display of Expiration Date

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

4. Exception to the Certification Statement

There are no exceptions to the certification statement.

2. Collections of Information Employing Statistical Methods

This collection of information employs no statistical methods.

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