Justification for OMB 1140-0018 (ATF Form 7 5310.12 _7CR 5310.16) 5.20.2020

Department of Justice
Bureau of Alcohol, Tobacco, Firearms and Explosives
Supporting Statement
Information Collection Request
OMB 1140-0018
Application for Federal Firearms License - ATF Form 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. Some examples of unlawful acts legitimized by licensing are: engaging in
the business of selling, shipping, receiving, and transporting firearms in interstate or
foreign commerce, as well as acquiring firearms classified as curios and relics for
personal collections. This collection of information is necessary to ensure that anyone
who wishes to be licensed as required by Section 923 meets the requirements to obtain
the desired license.
ATF requests approval to make the following changes to OMB 1140-0018 (Federal
Firearms License - ATF Form 7(5310.12)/ 7CR (5310.16):

I.
II.

III.
IV.

Part B, Question 13 - added a check box for “Non-Binary” as a third option
for a Responsible Person’s Sex
Part B, Question 26 - added verbiage “or are you a current member of the
military who has been charged with violation(s) of the Uniform Code of
Military Justice and whose charge(s) have been referred to a general courtmartial?”
Part B, Question 27- added verbiage “including a military court”
Part B, Question 38b - changed the beginning verbiage to read, “If you are such
an alien, do you…” Also deleted the N/A checkbox and instead added the
verbiage “(U.S. citizens/nationals leave 38b blank)”


V.
VI.
VII.

Changes to Part B

Changes to the Instructions/Definitions

Definition #7- added verbiage “including a general court-martial”
Definition #9 (5) - added verbiage “is an official representative of a foreign
government who is en route…”
Definition #10- slightly changed wording around and added verbiage in both the
definition of “Prohibited Person” and the “EXCEPTION,” so that it matches
exactly what is on ATF Form 4473 (OMB No. 1140-0020)

2. The information collection requirement is satisfied by the submission of a completed
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application for a Federal Firearms License - ATF Form 7(5310.12)/ 7CR (5310.16) to
ATF. ATF personnel will analyze the submitted 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 will be approved, and the
license issued, if the applicant meets the provisions of 923(d) (1).
ATF personnel will conduct a detailed analysis of the responses on all submitted
applications, to ensure that the applicant has not willfully failed to disclose any
material information, or made any false statements regarding any material fact.
Additionally, a review of a completed application ensures that the person seeking a
license to conduct business (All FFL types except for Type 03), has suitable premises
where business operations will be conducted. All business premises must have hours
of operations, during which ATF personnel can meet with the licensee, to conduct
compliance inspections and trace firearms which may have been used in criminal
activities.
ATF Form 7(5310.12)/ 7CR (5310.16) will be necessary as long as 18 U.S.C.
Section 923 requires that a person wishing to transport, ship, or receive firearms,
including curios and relics firearms in interstate or foreign commerce, must pay a fee
and file an application to obtain a license.
3. ATF Form 7(5310.12)/ 7CR (5310.16) and fingerprint cards can be ordered online
from the ATF Distribution Center at https://www.atf.gov/content/distribution-centerorder- form or by phone at 240-828-5316. Application packages can also be
requested from ATF Federal Firearms Licensing Center via email at [email protected],
or by phone at 1- 866- 662-2750. The application package contains all documentation
needed to apply for a license, including the form, instructions, and fingerprint cards.
Additional fingerprint cards FD258 may also be obtained from local law enforcement
agencies.
Electronic fillable (e-fillable) copies of ATF Form 7(5310.12)/ 7CR (5310.16) are
available online via the ATF public portal. The form and instructions can be
downloaded from ATF’s website, and the form can be electronically completed.
However, the form cannot be submitted electronically, because the signature card
requires an original wet signature. An effort is currently being made to obtain the
appropriate funding to incorporate Federal Firearms Licensing forms such as ATF
Form 7(5310.12)/ 7CR (5310.16), within ATF’s electronic forms (Eforms) platform.
Use of this platform would enable electronic submission of completed applications,
thereby reducing the public cost burden associated with this IC.
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. This collection of information has no significant impact on small businesses or
other entities.
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6. Less frequent collection of this information would pose a threat to public safety.
Without this information collection, ATF might issue FFL licenses to persons
prohibited by law from engaging in the business of interstate or foreign commerce, or
obtaining curios and relics firearms.
7. This information collection is conducted in a manner consistent with 5 C.F.R.
§ 1320.6.
8. No comments were received during the 60-day notice period. However, a 30-day notice
will be published in the Federal Register to solicit public comments.
9. No decision of payment or gift is associated with this collection.
10. In accordance with the System of Records Notice (SORN) Justice/ATF-008 Regulatory
Enforcement Record System FR Vol. 68 No. 16 3558, dated January 24, 2003, physical
records for this IC are filed and stored in cabinets located in rooms that are locked
during non-duty hours. Records are also stored in electronic format and are password
protected. Direct access to these records is limited to specific Department of Justice
personnel during the performance of official duties. Records may also be transmitted to
routine users and others on a need-to-know basis and upon validation of the nature of
their request. Disclosure of ATF Form 7(5310.12)/ 7CR (5310.16) is governed by 26
U.S.C. § 6103, for the period the applicant does not have a license, as well as the
Privacy Act of 1974, 5 U.S.C. 552a, and the Freedom of Information Act, 5 U.S.C. §
552. Any personally identifiable information (PII) collected for the purposes of this IC,
will not be disclosed, except as provided by the Privacy and Freedom of Information
Acts.
11. Questions of a sensitive nature are grouped together in Part B of the form, which must
be completed by each responsible person (RP). Specifically, each RP must provide their
personal information, respond to mandatory qualification questions, and certify the
authenticity of their responses. This ensures that RPs are accountable for the
information they provide.
12. The number of respondents associated with this collection is estimated at 13,000. Each
respondent will complete the form one time. As such, the total number of responses is
13,000. It takes about one (1) hour to complete the form. Therefore, the total annual
burden hours for this IC is 13,000.
13. No new cost is associated with this collection. However, the annual cost has increased
due to a change in the postal rate from $0.47 during the last renewal in 2017, to $0.55 in
2020. Consequently, the new public cost burden will be reported as $7,150.00, which is
equal to .55 (mailing cost per respondent) * 13,000 (# of respondents).
14. Annual cost to ATF is estimated as follows:
Printing
Distribution

$ 3,554
$ 21,000
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Postal Costs
Total

$7,150
$31,704

15. The adjustments associated with this information collection include a decrease in the
total respondents and responses by 2000, since the last renewal in 2017. However, due
to an increase in the postal rate, the total mailing costs for this IC has increased by $100
since 2017.
16. The results of this collection will not be published.
17. ATF requests authorization to exclude the IC expiration date from the printed ATF
Form 7(5310.12)/ 7CR (5310.16). This is due to the fact that printing the expiration
date on the form will incur higher printing costs to replace inventories that become
obsolete when this IC is issued a new expiration date. Public use of this form is
unpredictable, so ATF must maintain a substantial inventory of this IC instrument.
Therefore, omitting the expiration date will ensure that inventories can be quickly
replenished and forms can be made available for public use, as often as needed.
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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