Application for Tax Exempt Transfer and Registration of Firearm

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Form ATF Form 5 (5320.5 Application for Tax Exempt Transfer and Registration of Firearm	Form and Instruction	Modified	Available
26 USC 5812.pdf	Supplementary Document	Uploaded 2014-03-14	Available
F5 41F JUSTIFICATION 6-16-16.docx	Supporting Statement A	Uploaded 2016-06-17	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
12728	Application for Tax Exempt Transfer and Registration of Firearm	Form and Instruction	Modified

ICR Details

OMB Control No: 1140-0015	ICR Reference No: 201605-1140-006
Status: Historical Active	Previous ICR Reference No: 201403-1140-004
Agency/Subagency: DOJ/ATF	Agency Tracking No:
Title: Application for Tax Exempt Transfer and Registration of Firearm
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 06/20/2016
	Date Received in OIRA: 06/02/2016
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	06/30/2019	36 Months From Approved	05/31/2017
Responses	10,591	0	9,688
Time Burden (Hours)	5,350	0	5,287
Cost Burden (Dollars)	33,150	0	25,844

---

Abstract: This form is filed to obtain permission to make and transfer a National Firearms Act (NFA) firearm. Transfer without approval and possession of an unregistered NFA firearm are illegal. The approval of the application effectuates the registration of a firearm to the transferee. The transferee claims an exemption from the transfer tax by filing this application.

---

Authorizing Statute(s): US Code: 26 USC 5812 Name of Law: Tax on Transferring Firearms- Transfers
  

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1140-AA43	Final or interim final rulemaking	81 FR 2657	01/15/2016

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	81 FR 8100	02/17/2016
30-day Notice:	Federal Register Citation:	Citation Date:
	81 FR 25430	04/28/2016
Did the Agency receive public comments on this ICR? Yes

---

Number of Information Collection (IC) in this ICR: 1

table that charts list of burden

IC Title	Form No.	Form Name
Application for Tax Exempt Transfer and Registration of Firearm	ATF Form 5 (5320.5)	Application for Tax Exempt Transfer and Registration of Firearm

---

ICR Summary of Burden

table that charts list of burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	10,591	9,688	0	903	0	0
Annual Time Burden (Hours)	5,350	5,287	0	63	0	0
Annual Cost Burden (Dollars)	33,150	25,844	0	7,306	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This form was revised based on comments made to the proposed rulemaking (RIN: 1140-AA43) and as a result of the changes made to the regulations in the Final Rule published in the Federal Register on 15 January 2016. As discussed in the final rule, adjustments made to this collection also include: an increase in the number of respondents to 10,591, a change in total annual burden hours to 5,350, and an increase in the annual cost burden to $ 33,150.

---

Annual Cost to Federal Government: $24,950

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

---

Common Form ICR:  No

---

On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 06/02/2016

---