1140-0010 Supporting Statement (2-2015)

Department of Justice

Bureau of Alcohol, Tobacco, Firearms and Explosives

Supporting Statement

OMB # 1140-0010

Application to Transport Interstate or Temporarily Export Certain National Firearms Act (NFA) Firearms

ATF F 5320.20

1. JUSTIFICATION

1. Certain National Firearms Act (NFA) firearms may not be transported interstate or temporarily exported by any person, other than a qualified licensee, without first obtaining approval from ATF (18 U.S.C. 922 (a) (4) and 27 CFR 478.28). The regulations require that a written request for permission be submitted. The form provides for the regulatory requirements and may be used in lieu of the written request.

2. ATF F 5320.20 is used by a person who possesses a registered machinegun, destructive device, short barreled rifle or short barreled shotgun to request permission to move the firearm interstate (either temporarily or permanently) or to temporarily export the firearm. The form is to be filed in duplicate and once authorization has been granted, one of the copies is returned to the requestor evidencing the approval.

This information on the form is verified by ATF personnel in the processing of the application to ensure the legality of the proposed transportation and to verify the location of the firearms in the National Firearms Registration and Transfer Record. This information is also used by ATF to determine the lawful transportation of an NFA firearm and/or to pursue the criminal investigation into an unregistered NFA firearm.

3. This form is available on the ATF website and it is a fillable form. The form cannot be submitted electronically because it requires an original signature. This form is under consideration as an eForm as funding permits.

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

5. The information collection has no impact on small business.

6. The consequences of not conducting this collection would result in the illegal transporting of certain types of firearms. Respondents submit this form only as often as necessary to comply with statutory and regulatory requirements.

7. This collection is consistent with the provisions of 5 CFR 1320.6. There are no special circumstances.

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

9. No payment or gift is associated with this collection.

10. In addition to the requirements of confidentiality contained in the Privacy Act, this information is classified as “tax information” or “tax return information” and any release is severely restricted by the Tax Reform Act (26 U.S.C. section 6103).

11. No questions of a sensitive nature are associated with this information collection.

12. In CY 2012, over 5,300 forms were filed. In CY 2013, over 5,800 forms were filed (about a 10% increase). Each filing is a new request for a different location or time period. The size of the registry has continued to increase as does the number of firearms being registered that require the permission to transport. We anticipate a larger increase for CY 2014 as the number of submissions is estimated to be 7,200.

Since each filing is unique, the number of respondents is equivalent to the number of forms filed. The estimated time to complete the form is 20 minutes per submission (10 minutes to complete the form and 10 minutes to address an envelope and mail). The total number of burden hours associated with this information collection is requested to be 2,400 hours.

13. The cost to the respondent is postage and an envelope. For 7,200 submissions @ $.49 per stamp and $.10 per envelope = $4,248.00.

14. Estimates of annual costs to the Federal Government are:

Printing 7,200 forms @ $.10 = $720.00

15. The adjustments associated with this collection due to the increase in the size of the ‘pool’ that requires permission for transportation. Thus, the number of respondents will increase to 7,200. The total number of burden hours has increased to 2,400 hours. These adjustments are based on the number of forms submitted from CY 2012 through CY 2014 (estimate).

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

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

18. There are no exceptions to the certification statement.

B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS

None.