ATF Form 7 5310 12_7CR 5310 16 - 1140-0018 justification_508

Department of Justice
Bureau of Alcohol, Tobacco, Firearms and Explosives
Supporting Statement
Information Collection Requirement 1140-0018
Application for Federal Firearms License
ATF F 7(5310.12)/ 7CR(5310.16)

A. Justification:
1. Section 922 of Chapter 44 of Title 18, United States Code, specifies a number of
unlawful activities involving firearms in interstate and foreign commerce. Many of these
activities cease to be unlawful when persons are licensed under the provisions of Section
923. Examples of unlawful acts legitimized by licensing are: engaging in the business of
selling firearms and shipping, receiving, and transporting firearms in interstate or foreign
commerce, as well as acquiring firearms classified as curios and relics in interstate or
foreign commerce to facilitate personal collections. This collection of information is
necessary to insure that the person who wishes to be licensed as required by Section 923
meets the requirements of the section for the license. This revised application (collection
1140-0018) will eliminate the need for a separate application form just for Type 03,
Collector of Curios and Relics, applicants (collection 1140-0038). This makes it easier to
apply for an FFL, beacause now there will be no question as to which form should be
used. Only having 1 form can also make application processing quicker for ATF
personnel since they only have to be familiar with 1 FFL application. Because this one
application will be used to apply for all FFL types (01, 02, 03, 06, 07, 08, 09, 10 and 11),
careful scrutiny was taken to ensure the verbiage and content is suitable for all applicants.
The significant changes are as follows:
CHANGE

PURPOSE

Collections 1140-0018 and
1140-0038 were combinedThis form (collection 11400018) will now also be used to
apply for a Type 03, Collector
of Curios and Relics FFL

Applicants will no longer need to determine which application
they should be using or have to fill out 2 separate applications if
they would like a Type 03 FFL and another FFL type.
Additionally, the use of 1 application for an FFL is beneficial to
field personnel, as they only need to be familiar with a single
FFL application. Furthermore, it makes changes in applicant’s
license types much easier (i.e. if an applicant applies for a type
03 FFL but it’s determined by the field that they really need a
type 01 FFL, the applicant can simply change what they’ve
checked in item #10; it will no longer be necessary to fill out
another entire form)

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CHANGE

RP-specific questions are now
grouped together in Part B of
the application
New item: All of Part B
Current item: 3- SSN, 14, 14a,
15, 22, 23, 24, 25, 26, and
photograph in 28

PURPOSE
All personal information questions will now be asked in part B
of the revised Form 7. A separate Part B must be completed
and signed (this section has its own certification statement) by
each RP. This will ensure each responsible person answers and
certifies qualification questions themselves. This change will
directly hold each RP accountable for all qualifying questions,
thus making it easier for ATF to prove falsification of
information.
Additionally, having all RP-related questions grouped together
in a separate part of the form affords licensees an easy way to
add additional RPs. They can now simply have the RP
complete and submit Part B of the ATF Form 7/7CR, whereas
before, licensees typically just submitted written
correspondence to add an RP, which was often missing
pertinent information needed to add the responsible person,
which in turn caused more work for ATF Examiners and an
overall longer processing times to get the RP added.

Questions relevant to
businesses only, have been
grouped into a separate section To make the form easy to use for all applicants. It’s easily
which applicants applying for a identifiable which questions Type 03 applicants don’t have to
Type 03 FFL only can skip
answer.
New item: Part A #13-17
Current item: #16-21

Former item #8 became item
#1 and boxes for “LLC” and
“Collector” were added

This is a very important question that applicants should
determine when they first begin to apply. Further, during
inspections and investigations, how a licensee answered this
question when they originally applied for their FFL, is a
question that field personnel often ask the FFLC to determine
by retrieving an FFL’s original application. By having this
question at the top of the application, the answer can be quickly
and easily identified.

Items 1 & 2 (formally item #8 & #1) are supposed to
correspond. By keeping the items together, applicants are more
Former item #1 is now item #2. apt to make this connection (i.e. if Guns LLC is written as the
The wording changed slightly
applicant name, then “LLC” should be selected for the new
to help clarify what is being
question #1, not corporation or individual owner).
asked of the applicant.
Furthermore, because this is a frequently misunderstood
question, revising how it’s written will help to clarify exactly
what the applicant should put for this item.

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CHANGE
Added “(s)” at the end of
“Trade or Business Name(s),if
any”
Proposed item: Part A #3
Current item: #2
All applicants must now
provide at least one hour of
operation/availability in which
they can be contacted by ATF
personnel
Proposed item: Part A #12
Current item: #13

PURPOSE

ATF legal counsel determined that an FFL may have more than
one trade/business name.

Having a documented hour or more of operation and/or
availability will be beneficial for ATF field personnel. Per §
478.23(a), a warrant obtained to authorize entry to an FFL’s
premises allows ATF to “enter during business hours (or in the
case of a licensed collector, the hours of operation)”

Current Form 7, Item #14 and
14a were removed

This information will be captured in Part B, item #20, on the
proposed form.

Current Form 7, Item #15
was removed

Collecting this information is not necessary as the response
provides no value in determining issuance of a license.

Current Form 7, Item #18
was removed

Current Form 7, Item #18a
was modified
Proposed item: Part A #16

Moved the information
statement for the Chief Law
Enforcement Officer (CLEO)
above the certification section
Now after item: Part A #19
Added a 6th Certification Item
Proposed item: Part A #20f

Question 18 on the current Form 7 asks “Do You Intend To
Make a Profit from Your Business?” and further states “If no,
do not submit application.” The decision was made to remove
this question, as reasons for acquiring a license are clearly
defined in the form instructions. Further, licenses are not
revoked if licensees do not make a profit or conduct business,
as it is not a violation of the GCA.
Question 18a on the current Form 7 asks “Do You Intend To
Sell Firearms Only at Gun Shows?” and further states “If yes,
do not submit application.” The decision was made to modify
this question, to remove the word “Only” and to remove the
instruction “If yes, do not submit application,” since individuals
conducting business only at gun shows should still be licensed.
The question remains so that the field can be aware of the
intentions of the dealer.
This helps eliminate applicant confusion about who is to sign
the certification section. Historically, this has been a frequent
misunderstanding, resulting in CLEOs signing and dating the
application, instead of the applicant.
Helps ensure Part B of the form is completed by and submitted
for each responsible person.

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CHANGE
PURPOSE
The Certification section now
has a line for applicants to print By having the applicant print their name, in addition to signing
their name, instead of putting
the application, it becomes more irrefutable who completed and
their title
certified/signed the application. Positions/titles will now be
asked of all RPs in Part B #5.
Proposed item: Part A #21
Current item: #28
Minor edits to the application
status section (at the bottom of
Part A of the form)

A checkbox for “Abandoned” and a checkbox for “Withdrawn”
statuses were added, to more accurately reflect the application’s
final status.

Added block for RP email
address

Email is a common, convenient way of corresponding to
licensees, as well as transmitting documents. An email address
offers another means to contact an RP.

Proposed item: Part B #11

Added blocks for RP height,
weight, eye color, and hair
color
Proposed item: Part B #14-17

This information is useful when conducting background checks
on RPs- this information helps to discern if convictions that are
found in doing the background check, really belong to the RP,
or someone else. Additionally, by collecting this information
on the form, if an RP forgets to complete this information on
their fingerprint card, ATF Examiners can simply refer to the
Form 7/7CR to obtain this information, instead of having to
make contact with or return the fingerprint card back to the RP
for completion.

Current Form 7, Item #23
was removed

The NIA Certification of Compliance questions have been
removed. Part B #38 and #39 on the new form now address
this.

Edits to Instruction Sheet

To clarify frequently asked questions/common applicant errors,
and to be consistent with revisions made to the form. 12
definitions were also added to provide additional clarity for
applicants.

2. The information collection requirement is satisfied by submission of an application for
a Federal Firearms License to ATF. ATF personnel analyze this application to determine
the applicant’s eligibility to receive the requested license. With payment of the required
fee under 18 U.S.C. Section 923(a)(1), the application must be approved, and the license
issued so long as the applicant meets the provisions of 923(d)(1).
A detailed analysis of responses to the application is made by ATF personnel to make
sure that: 1) the applicant has not willfully failed to disclose any material information or
has not made any false statements as to any material fact, and 2) the person seeking a
license to conduct business (All FFL types except for Type 03) has a suitable premises
from which operations will be conducted, and hours of operations allowing for contact

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for compliance inspections and the tracing of firearms suspected by law enforcement
authorities of being used in criminal activities.
As long as 18 U.S.C. Section 923 requires a person wishing to transport, ship, or receive
firearms in interstate or foreign commerce to pay a fee, to file an application, and to
obtain a license before engaging in business, this form or one like it will be necessary.
Additionally, as long as 18 U.S.C. § 923 requires a person wishing to transport, ship, or
receive curio and relic firearms in interstate or foreign commerce to pay a fee, to file an
application and to obtain a license before obtaining curios and relics firearms interstate,
this form or one like it will be necessary.
3. ATF Form 7/7CR and fingerprint cards can be ordered on-line thru the ATF
Distribution Center at https://www.atf.gov/content/distribution-center-order-form or by
phone at 703-870-7526 or (703) 870-7528. The ATF Distribution Center is located in
Herndon, Virginia. Application packages have all of the documents needed to apply for a
license to include the form, instructions, and fingerprint cards, which makes the process
very user friendly. The applicant may also request the package from the ATF Federal
Firearms Licensing Center via email at [email protected], or by phone at 1-866-662-2750.
The FD258 fingerprint cards may also be obtained from any other available source; many
local law enforcement agencies have them. In addition, the form is available on the ATF
website as an electronic fillable form. The form and instructions can be downloaded
from ATF’s website, but the form cannot be submitted electronically at this time. ATF
currently offers e-forms for National Firearms Act (NFA) related forms; once this system
is successfully established and maintained, funding will be sought to add Federal
Firearms Licensing forms to the e-forms system. It is estimated in 3 years the form will
be available as an e-form, which can be electronically submitted.
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 use for the
purpose of this information collection.
5. The collection of information has no significant impact on small businesses or other
small entities.
6. Less frequent collection of this information would pose a threat to public safety.
Without the information required by statute and the background information necessary to
verify certain elements, ATF might issue licenses to persons prohibited by law from
engaging in business or obtaining Curio and Relic firearms in interstate or foreign
commerce.
7. The information collection is conducted in a manner consistent with 5 C.F.R. §
1320.6.
8. ATF Counsel was consulted to ensure that the requirements of the law were addressed
for this information collection. A 60-day notice was published and generated public

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comments, which were resolved. A 30-day Federal Register Notice will now be
published in order to solicit additional public comments.
9. No decision of payment or gift is associated with this collection.
10. In accordance with System of records notice (SORN) Justice/ATF-008 Regulatory
Enforcement Record System FR Vol. 68 No. 16 3558 dated January 24, 2003, records are
stored in file folders in file cabinets and in electronic media. Direct access is restricted to
personnel in the Department of Justice in the performance of their duty. Records are
transmitted to routine users on a need to know basis and others upon verification of the
substance and propriety of the request. Records are stored in file cabinets in rooms that
are locked during non-duty hours. The records stored in electronic media are password
protected. Disclosure of ATF Form 7/7CR is governed by 26 U.S.C. § 6103, for the
period the applicant does not have a license, the Privacy Act of 1974, 5 U.S.C. 552a, and
the Freedom of Information Act, 5 U.S.C. § 552. The information identifying the
applicant would not be disclosed except as provided by the Privacy and Freedom of
Information Acts.
11. Questions of a sensitive nature have been grouped together in Part B of the form.
Part B of the form is required for all Responsible Persons; each Responsible Person will
individually input their personal information and certify to its authenticity. Using this
format ensures each responsible person answers and certifies qualification questions
themselves, thereby holding each RP directly accountable for the accuracy of the
personal information and qualifying questions.
12. The number of respondents associated with this collection is 15,000. Specifically, in
2015, approximately 10,000 Form 7 applications and 5,000 Form 7CR applications were
received. Each respondent will complete the form one time. The total number of
responses is 15,000. It takes 60 minutes to complete the form. Total annual burden hours
are 15,000.
13. No new cost is associated with this collection. The annual cost has decreased due to
postage decreasing from $0.49 to $0.47. The new postage cost will be reported as
$7,050.00
14. Annual cost to ATF is estimated as follows:
Printing
Distribution
Postal Costs
Total

$1,800
1,000
7,050
$9,850

15. There are adjustments associated with this information collection. We have
consolidated collection 1140-0018 and 1140-0038 into one collection (1140-0018).
Thus, approximately 5,000 more respondents will be using this collection (last year, in
2015, 5,000 Form 7CR applications/collection 1140-0038 were received). The estimated

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time to complete this collection has been reduced from 1 hour and 15 minutes, to 60 min
(1 hour). The 15 minute reduction in completion time stems from clearer, more precisely
written questions and instructions. Certain frequently misunderstood/confusing questions
were modified, and some formatting changes were made to make the form easier to
complete. In addition, several helpful definitions have been added, and references to both
definitions and instructions have been added throughout the form in an effort to aide in
the completion of the questions.
16. The results of this collection will not be published.
17. ATF requests authorization to omit printing the expiration date for ATF Form 7/7CR,
Application for Federal Firearm License. Printing the expiration date on the form will
result in increased cost because of the need to replace inventories that become obsolete
by passage of the expiration date each time OMB approval is renewed. The time period
during which the current edition of the form in this package will continue to be usable
cannot be predicted. It could easily span several cycles of review and OMB clearance
renewal. In addition, usage fluctuates unpredictably. This makes it necessary to maintain
a substantial inventory of the form in the supply line at all times. For these reasons, we
request authorization to omit printing the expiration date on the form.
18. There are no exceptions to the certification statement.

B. Collections of Information Employing Statistical Methods
This collection does not involve statistical methods.

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