Justification For OMB 1140-0006 (ATF Form 6 Part II) - Final

Department of Justice

Bureau of Alcohol, Tobacco, Firearms and Explosives

Supporting Statement

OMB 1140-0006

Application and Permit for Importation of Firearms, Ammunition and Defense Articles – (ATF Form 6 - Part II (5330.3B)

1. Justification

1. Importation of firearms, ammunition and defense articles into the United States is subject to the provisions under Title 18 of the Gun Control Act of 1968, U.S.C., Chapter 44, Section 925(d), Title 22 U.S.C., Section 2778, and Title 26 U.S.C., Chapter 53, Section 5844. The statutes are so worded that the importation of articles coming within the purview of the statutes are generally prohibited, except as specifically authorized by the Attorney General. For example, machineguns, destructive devices, and certain other firearms are prohibited from being imported into the United ATF and other articles coming under the purview of these statutes. Related statutes also require that persons engaged in the business of importing such articles be licensed and/or registered with the Secretary. The implementing regulations (Title 27, Code of Federal Regulations (CFR), Parts 447, 478 and 479) prescribe the forms and procedures necessary to accomplish the import permit requirements. The law establishes a comprehensive system for control of these items through the licensing, registration and permit requirements.

The information on the Application and Permit for Importation of Firearms, Ammunition and Defense Articles ATF Form 6 - Part II (5330.3B), is used to determine if the article(s) described on the application qualifies for importation by the importer, and to serve as the authorization for the importer. In addition, information may be disclosed to other Federal, State, foreign and local law enforcement and regulatory agency personnel, to verify information on the application and to aid in the performance of their duties with respect to the enforcement and regulation of firearms and/or ammunition where such disclosure is not prohibited by law.

2. The data provided on this form is used by ATF to determine the eligibility for importation of the items listed and the status of the applicant. The approved form serves as the authorization to U.S. Customs and Border Protection (CBP) to allow the items into the United States.

3. This fillable form requires an original signature. Currently the form is available on the internet but it cannot be submitted electronically. However, ATF accepts completed forms signed by respondents, including those with electronic signature, who can submit their signed forms electronically by fax to the ATF. Individuals with disabilities (508 Compliant) can also access, complete, sign and submit this form to ATF for processing.

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. ATF does not use any method to minimize the burden to small businesses since all entities, regardless of size, are required by statute to complete this form.

6. Less frequent collection of this information would substantially increase the potential for the illegal introduction of firearms, ammunition, and implements of war into domestic commerce. This would pose a threat to the public safety by exacerbating crime and violence, while undermining the declared law enforcement, foreign policy, and/or revenue.

7. This collection of information is conducted in a manner consistent with the guidelines of 5 CFR 1320.6.

8. No comments were received during either the 60-day or 30-day Federal Register Notice Period.

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

10. Confidentiality is not assured.

11. No questions of a sensitive nature are asked.

12. There are 400 respondents and 400 responses for this information collection. Each respondent responds one (1) time. ATF estimates that it takes 30 minutes to complete the form. The total burden for this information collection is 200.

13. There is no start-up cost to the respondent. The cost to the respondent has been reviewed and it has been reported that 20% of the forms or (forms for 80 respondents) are received by fax, and 80% of the forms or (forms for 320 respondents) are received by mail. The cost of postage is estimated to be $156.80 which is equal to .49 (total cost of postage for each respondent)* 320 (80% of respondents who submit their forms by mail).

14. The estimated annual cost to the Federal Government is $4,500 (printing) and $93,115 for labor. Total cost $97,615.00.

15. There are no program changes or adjustments associated with this information collection. However, the cost burden was updated to correspond with current cost burden of respondents.

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

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

18. There are no exceptions to the certification statement.

2. Collection of Information Employing Statistical Methods This information collection does not employ any statistical methods.