1140-0084 Supporting Statement Final

1140-0084 Supporting Statement Final.docx

Application and Permit for Temporary Importation of Firearms and Ammunition by Nonimmigrant Aliens

OMB: 1140-0084

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Department of Justice

Bureau of Alcohol, Tobacco, Firearms and Explosives

Supporting Statement

OMB 1140-0084


Application and Permit for Temporary Importation of Firearms and Ammunition By Nonimmigrant Aliens – (ATF F 6NIA (5330.3D),


  1. Justification


  1. Necessity of Information Collection


Importation of firearms and ammunition by nonimmigrant aliens into the United States is subject to the provisions of Public Law No.105-277 (1998); 8 U.S.C. 1101(a) (15); 18 U.S.C. 922(g)(5); 27 C.F.R. Part 478. Pursuant to Public Law Number 105-277 (1999), Congress created, with certain exceptions, a new category of persons prohibited from shipping, transporting, receiving, and possessing firearms and ammunition. ATF interprets this category to be aliens in a nonimmigrant classification under section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)).


ATF regulations prohibit nonimmigrant aliens from importing firearms, parts or accessories for firearms, or ammunition, unless the nonimmigrant alien qualifies for one of the six exceptions or receives a waiver.

The vast majority of users are Canadians applying to temporarily import firearms into the United States. The Form 6NIA asks for additional information (firearms possession license number and/or firearms possession and acquisition license number and firearms registration certificate number) for any firearms imported from Canada. Canadian law requires all firearms to be registered and the person who possess them to be licensed.


The form has been amended. On the Form itself:


Section I


  • Item #4, change “16” to “17”

  • Item #11, change “21” to “22”

  • Item #12, delete second line, replace with “Firearms Possession and Acquisition License Number (PAL)”

  • Item #14, replace “17” with “18”

  • Item #15, third line, replace “18-21” with “21”

  • Item #16, second line, replace “23” with “24”; delete column h.


Section II


  • Move check boxes to the left of the status

  • Add the following verbiage below the second paragraph under “The following restrictions apply to your approved permit:”


Not to include fully automatic firearms


This permit does not authorize the importation of ammunition or ammunition components if they contain a tracer or incendiary elements.


This permit does not authorize the importation of the ammunition described thereon if: (1) it has a projectile or projectile core which may be used in a handgun and which is constructed entirely (excluding the presence of traces of other substances) from one or a combination of tungsten alloys, steel, iron, brass, bronze, beryllium copper, or depleted uranium; or (2) a full jacketed projectile larger than .22 caliber designed and intended for use in a handgun and whose jacket has a weight of more than 25 percent of the total weight of the projectile


Instruction Sheet


General Information


  • Item #5, line 4, add “(CBP)” after Protection

  • Item #11, third line remove “.”and add “or email ATF at [email protected]

  • Item #12, 2nd line, delete “13882 Redskin Drive, Herndon, VA 20171” and replace with “703-870-7526 or 703-870-7528.”

  • Item #13, replace the last sentence with However, if you were admitted under a nonimmigrant visa, you do need to have a valid hunting license from a State within the United States to lawfully possess your firearm while in the United States.

  • Item #18, line 1 first “nonimmigrant alien” replace with “aliens admitted under a nonimmigrant visa”

  • Item #19, line 1, after accordingly, enter “aliens admitted under a nonimmigrant visa”



Preparation


  • Item #16, last line, remove “.” add “or email to [email protected].”

  • Item #17, line 1 after “faxed” add “or emailed”; line 2, after “4” add “or your email address in item #5.” ; line 3 after “fax” add “or email”

  • Item #19, line 13, after “fax” add “or email”; line 14, after “fax” add “or email”

  • Item #23, line 4 delete “Possession License Number”; line 5 add “(PAL)” after “License”


Approval


  • Item #26, line 5, replace “section” with “item”

  • Item #27, line 3 delete “the”

  • Item #27, line 3, start the second sentence with “If applicable,”



At the bottom of left corner of each page please also state that “previous editions are obsolete”


  1. Needs and Uses


The data provided on this form will be used by ATF to determine: (1) if the firearm(s) and ammunition described on the application qualify for importation; (2) to determine if the nonimmigrant alien falls within an exception to the general prohibition on nonimmigrant aliens possessing firearms and ammunition; (3) to determine if the nonimmigrant alien is otherwise prohibited from possessing firearms and ammunition under the Gun Control Act, and (4) to serve as authorization for the U.S. Customs and Border Protection (CBP) to allow the listed articles entry into the United States.


  1. Use of Information Technology


Users will have access to a fillable version of this form at ATF’s website. ATF does not have the capability to accept electronic submissions. Individuals with disabilities (508 Compliant) can access this form.


  1. Efforts to Identify Duplication


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 use for the purpose of this information collection.


  1. Minimizing Burden on Small Business


This collection does not impact small businesses.


  1. Consequences of Not Conducting or Less Frequent Collection


If the information on this form is not completed and submitted, the applicant may not be able to import their firearms or ammunition into the United States.


  1. Special Circumstances


There are no special circumstances regarding this collection. This information collection requirement is conducted in a manner consistent with 5 CFR 1320.6, Controlling Paperwork Burdens on the Public.


  1. Public Comments and Consultations


ATF responded to all comments received during both the 60-day and 30-day Federal Register Notice periods.


  1. Provision of Payment or Gifts to Respondents


No payment or gift is associated with this collection.


  1. Assurance of Confidentiality


This information will be maintained in a secure room in ATF headquarters. Confidentiality is not assured.


  1. Justification for Sensitive Questions


The applicants’ race, date of birth, and place of birth will be used to determine if the applicant is prohibited from possessing firearms and ammunition under the Gun Control Act.


  1. Estimate of Respondent’s Burden


The estimated average burden associated with this collection of information is 30 minutes per respondent. The number of respondents is 15,000 and the total number of annual responses is 15,000. The total burden is 7,500 (15,000 respondents x 30 minutes to complete the form).


  1. Estimate of Cost Burden


There is no cost to the respondent associated with this information collection. The form can be faxed to ATF.


  1. Cost to Federal Government


Estimates of annual cost to the Federal Government for 6,000 copies are:


Printing $700.00

Labor $2,000.00

Total $2,700.00


  1. Reason for Change in Burden


There are no program changes or adjustments associated with this collection.


  1. Anticipated Publication Plan and Schedule


The results of this collection will not be published.


  1. Display of Expiration Date


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


  1. Exception to the Certification Statement


There are no exceptions to the certification statement.


  1. This collection does not employ statistical methods.

File Typeapplication/vnd.openxmlformats-officedocument.wordprocessingml.document
AuthorHeishman, Allison L.
File Modified0000-00-00
File Created2021-01-21

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