Justification for 1140-0004 (ATF F 3310.6) Final

Department of Justice

Bureau of Alcohol, Tobacco, Firearms and Explosives

Supporting Statement

1140-0004

Interstate Firearms Shipment Theft/Loss Report

ATF F 3310.6

1. Justification

1. 27 CFR Part 478 requires Federal Firearms Licensees’ (FFLs) who discover that a firearm(s) they shipped was stolen or lost in transit, must report the theft or loss to ATF and the appropriate local authorities within 48 hours of discovery. Reports can be filed using the Interstate Firearms Shipment Theft/Loss Report - ATF Form 3310.6.

ATF requests approval to make the following changes to OMB 1140-0004 (Interstate Firearms Shipment Theft/Loss Report - ATF Form 3310.6):

• Edit “Name and FFL#” to emphasize inclusion of name AND FFL # to alleviate confusion.

• Delete “Shipper” from “Carrier Claim Number” and add “(if available)”

• Remove “Federal Firearms Licensee (if applicable)” field

• Edit “Firearm(s) Description (Use ATF Form 3310.11A Continuation Sheet if additional space is needed).

• Add field: [check box] This is because some or all of the stolen/missing inventory listed above falls within the purview of the National Firearms Act (NFA). This is consistent with ATF F 3310.11.

• Edit: “Shipper/Transferor FFL are also required by law to submit ATF Form 3310.11.” This will alleviate confusion regarding the submission of both 3310.6 and 3310.11 by same FFL.

2. The Interstate Firearms Shipment Theft/Loss Report is voluntary for all others, including common carriers and consignees, to report the loss or theft of firearms during interstate shipment. The collected information may be used by ATF to investigate and develop criminal cases against individual(s) involved in firearm crimes. Title 18, United States Code (U.S.C.), 922(j) makes it “unlawful for any person to receive, conceal, store, barter, sell or dispose of any stolen firearm or stolen ammunition which is moving as, which is a part of, or which constitutes, interstate or foreign commerce, knowing or having reasonable cause to believe that the firearm or ammunition was stolen.”

The Interstate Firearms Shipment Theft/Loss Report - ATF Form 3310.6 is used by victims to ensure that firearms stolen during interstate shipments are reported to an appropriate law enforcement agency. Despite the inter-jurisdictional nature of these incidents, which place state and local law enforcement agencies at a disadvantage when determining the appropriate jurisdiction(s) to conduct their investigations, the report enhances the efficiency of their activities.

3. The completed Interstate Firearms Shipment Theft/Loss Report - ATF Form 3310.6 can be emailed, faxed or mailed to the ATF National Tracing Center for subsequent referral to the appropriate ATF Field Office. ATF personnel will ensure that stolen firearms data is entered into the National Crime Information Center (NCIC) database, so that interstate theft investigations can be initiated in a timely manner, and criminal charges can be brought against individuals who violate firearm laws. ATF F 3310.6 is also available on the ATF website as a fillable, printable form. Individuals with disabilities (508 Compliant) can access this form. ATF accepts electronically signed and submitted copies of the completed form, which will expedite their review by law enforcement authorities.

4. ATF uses a uniform subject classification system to identify duplication and to ensure that any similar information already available cannot be used for the purpose of this information collection (IC).

5. The collection of information has no impact on small businesses.

6. Without this IC, Federal authorities would be unaware of thefts, and ATF would be unable to investigate these incidents. It is necessary to report the thefts as they occur, to ensure timely investigation of these violations. Failure to report these incidents would reduce opportunities to identify and prosecute the criminal suspects.

7. There are no special circumstances for this information collection, which conforms to 5 CFR 1320.6 guidelines.

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

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

10. The collected information is entered in the National Crime Information Center (NCIC) database by ATF personnel. Confidentiality is not assured.

11. No questions of a sensitive nature are asked.

12. The number of respondents associated with this IC is 950. Each respondent answers one (1) time, therefore the total annual number of responses is 950. It takes an average 20 minutes to complete the form. The total annual hours associated with this collection is 317.

13. There is no start-up cost to the respondent. The annual cost to the respondent is postage to mail the original form (0.55 x 950 = $523).¹ The cost on the 83-I form will be reported as 0, since the cost is to be reported in thousands of dollars.

14. The annual cost to the Federal Government is $1,495.00 in distribution expenditures.

15. The adjustment associated with this collection include an increase in respondents and total burden hours for this IC by 400 and 135 hours respectively, since the last renewal in 2016.

16. The results of this information 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. Collections of Information Employing Statistical Methods

None

1 https://www.usps.com/business/prices.htm