Application for Tax Exempt Transfer and Registration of Firearm

Forms and Documents

Document Name	Status
Form ATF Form 5 (5320.5 Application for Tax Exempt Transfer and Registration of Firearm Form and Instruction	Modified
Justification for no material or non-substantive change request.docx Justification for No Material/Nonsubstantive Change	2016-07-18
26 U.S.C. 5812 Transfers.pdf Supplementary Document	2019-06-28
Justification for OMB 1140-0015 (ATF Form 5 (5320.5) Final.pdf Supporting Statement A	2019-06-28

IC Document Collections

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

ICR Details

OMB Control No: 1140-0015	ICR Reference No: 201906-1140-004
Status: Active	Previous ICR Reference No: 201607-1140-005
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 without change	Conclusion Date: 08/28/2019
	Date Received in OIRA: 06/28/2019
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	08/31/2022	36 Months From Approved	08/31/2019
Responses	10,591	0	10,591
Time Burden (Hours)	5,350	0	5,350
Cost Burden (Dollars)	33,150	0	33,150

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Abstract: The ATF Form 5 (5320.5) is required for a person with a registered National Firearms Act (NFA) (Title 26, United States Code, Chapter 53) firearm to apply for permission to transfer and register an NFA firearm. The statutory requirements are implemented in Title 27, Code of Federal Regulations, Part 479. 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.

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

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 17423	04/25/2019
30-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 30220	06/26/2019
Did the Agency receive public comments on this ICR? Yes

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

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

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ICR Summary 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	10,591	0	0	0	0
Annual Time Burden (Hours)	5,350	5,350	0	0	0	0
Annual Cost Burden (Dollars)	33,150	33,150	0	0	0	0

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

Burden Increase Due to:

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

Burden Reduction Due to:

Short Statement:

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Annual Cost to Federal Government: $24,950

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     Yes

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

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Common Form ICR:  No

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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: 06/28/2019

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