Department of Justice
Bureau of Alcohol, Tobacco, Firearms and Explosives
Information Collection Request
Supporting Statement
1140-0061
Certificate of Compliance with 18 U.S.C. 922(g)(5)(B)
Justification
Necessity of Information Collection
Importation of firearms, ammunitions and defense articles into the United States is subject to the provisions of 18 U.S.C. 925(d) and (e), 22 U.S.C. 2778 and 26 U.S.C. 5844. Except as provided, or specifically authorized by the Attorney General, the importation of articles coming within the purview of these statutes is restricted or prohibited. In general, the purchase, possession, and importation of firearms is permitted only if the firearms meet certain criteria and the Attorney General authorizes the importation. The law at 18 U.S.C. 922(g)(5)(B) generally makes it unlawful for any nonimmigrant alien to ship or transport in interstate commerce, or possess in or affecting commerce, any firearm, ammunition, which has been shipped or transported in interstate or foreign commerce. This information collection is for the purpose of ensuring that nonimmigrant aliens certify their compliance according to the law at 18 U.S.C. 922(g)(5)(B).
Needs and Uses
ATF F 5330.20 is for the purpose of ensuring that nonimmigrant aliens certify their compliance according to the law at 18 U.S.C. 922(g)(5)(B). The data provided on this form is used by ATF to certify the applicant’s citizenship and legal eligibility for importation of the articles listed on the approved ATF form 6. The approved form also serves as the authorization to the U.S. Customs Service to allow the listed articles entry into the United States provided that appropriate documentation, i.e., hunting license, waiver, is presented.
Use of Information Technology
This fillable form is available on the ATF website. The form is not fully electronic because the respondent must sign the form and this form must accompany other firearms forms that require the nonimmigrant alien certification. The Federal Firearms Licensing Center accepts faxed/scanned copies of the form from respondents.
Efforts to Identify Duplication
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 of the purpose of this information collection.
Minimizing Burden on Small Businesses
The ATF has no method to lessen the impact to small businesses as the form completion is required by all Responsible Persons associated with a Federal Firearms license during the license renewal period. The completion time is 3 minutes per form and the renewal period is every three years.
Consequences of Not Conducting or Less Frequent Collection
The consequence of not conducting this information collection would result in nonimmigrant aliens illegally shipping and/or transporting or receiving firearms or ammunition which has shipped or transported in interstate or foreign commerce.
Special Circumstances
There are no special circumstances and the information will be collected in a manner consistent with the guidelines in 5 CFR 1320.6.
Public Comments and Consultations
The ATF firearms liaison communicated with the firearms industry during the creation of this information collection. A 60-day and 30-day Federal Register notice was published in order to solicit comments from the public. No comments were received.
Provision of Payments or Gifts to Respondents
No payment or gift is associated with this collection.
Assurance of Confidentiality
The information obtained from this information collection is kept in a secured location. Confidentiality is not assured.
Justification for Sensitive Questions
No questions of a sensitive nature are asked.
Estimate of Respondent’s Burden
ATF estimates that 41,824 respondents will be affected by the nonimmigrant certification. Each respondent will respond one time during a three year period. The total number of responses equals 41,824. It is estimated that it takes 3 minutes to complete the form. The total burden associated with this collection is 2091.2 hours.
Estimate of Cost Burden
The Respondent may incur return postage, if the form is mailed through the U.S. Postal Service. Respondents are not expected to incur any capital, start-up, or system maintenance costs in responding. The data is used to certify the respondent’s citizenship and this information accompanies other firearms forms that require nonimmigrant alien certification.
Cost to the Federal Government
Printing and distribution cost a total of $2,700 annually.
Reason for Change in Burden
The adjustment to this collection is an increase in the number of respondents to 41,824 based on FY2014. Since there was an increase in respondents the total annual burden hours also increased to 2091.2 hours.
Anticipated Publication Plan and Schedule
The results of this collection will not be published.
ATF requests authorization to omit printing the expiration on ATF F 5330.20, Certification of Compliance with 18 U.S.C. 922 (g)(5)(B). Printing the expiration date on the form will result in increased costs to ATF because of the need to replace inventories that become obsolete with the passage of the expiration date each time an OMB approval is renewed. The time period during which the current edition of the form will be continued to be utilized cannot be predicted. It could very easily span several cycles of review and OMB renewal. In addition, a substantial inventory of forms in the supply line is necessary to meet the demands of the firearms industry.
Exception to the Certification Statement
There are no exceptions to the certification statement.
STATISTICAL METHODS:
The information request does not employ statistical methods.
| File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
| Author | ATF |
| File Modified | 0000-00-00 |
| File Created | 2021-01-24 |