1140-0024 Justification (4-15-15)

Department of Justice

Bureau of Alcohol, Tobacco, Firearms and Explosives

Supporting Statement

Information Collection Request

OMB # 1140-0024

Report of Firearms Transactions – Demand 2

ATF F 5300.5

A. Justification

1. 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.

There were no changes to the form.

2. 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. The Demand 2 Program requires FFLs with 10 or more traces with a time to crime of 3 years or less in a calendar year to submit an annual report followed by quarterly reports of used firearms acquired by the FFL.

3. This form is available on ATF’s website to download and print. The electronic form is fillable, individuals with disabilities (508 Compliant) can access this form, and the form may be electronically submitted via email.

3. 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 use for the purpose of this information collection.

3. This collection of information has no significant impact on small businesses or other small entities. Computerized reports are acceptable.

3. The consequence of not conducting this information collection may result in criminal liabilities and revocation or denial of a Federal Firearms License. Also, ATF would not have trace access to used firearms information in completing trace requests by law enforcement entities in their investigations.

3. There are no special circumstances. The data will be collected in a manner consistent with the guidelines in 5 CFR 1320.6.

3. The ATF industry liaison 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 order to solicit comments from the general public. We received five comments. The comments were as follows: two comments requesting a copy of the collection instrument; two comments requesting ATF’s criteria for requiring FFLs to submit information; and one comment questioning ATF’s authority to collect information and the burden estimate. All comments have been addressed by the ATF program office.

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

3. This information is used for law enforcement purposes only. These records will be viewed by ATF personnel only. Confidentiality is not assured.

3. No questions of a sensitive nature are asked.

3. There are 1,322 respondents associated with this collection. Each respondent will respond four times a calendar year (quarterly). The total responses are 5,288. It is estimated to take 30 minutes to complete the form. The total annual burden associated with this collection is 2,644 hours.

3. There is no capital/startup cost or annual cost to the respondent.

3. The annual cost to the Federal Government is $240.00.

3. The changes in burden are due to an increase in the number of respondents to 1,322.

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

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

3. There are no exceptions to the certification statement.