Justification For OMB 1140-0006 (ATF Form 6 Part II) 8.31.2022

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, United States Code (U.S.C.), Chapter 44, Section (§) 925(d), Title 22 U.S.C. § 2778, and Title 26 U.S.C., Chapter 53 § 5844. The statutes are so worded that the importation of articles within the purview of these statutes are generally prohibited, except as specifically authorized by the Attorney General. For example, machineguns, destructive devices, certain other firearms and articles are prohibited from being imported into the United States. However, 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) (ATF Form 6 - Part II), is used to determine if the article(s) described on the application qualifies for importation by the importer, and also serves as the authorization for the importer. Additionally, the collected information may be disclosed to other Federal, State, foreign, and local law enforcement and regulatory agency personnel, in order to verify information on the application. Disclosure to such personnel may also occur during performance of their duties with respect to the enforcement and regulation of firearms and/or ammunition, if not prohibited by law.

The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) requests approval to make the following change to the Application and Permit for Importation of Firearms, Ammunition and Defense Articles – ATF Form 6 - Part II (5330.3B):

• Addition of a Continuation Sheet: This update provides more space for additional firearms to be listed on a single permit application, thereby reducing the number of applications that need to be filed for all imported items.

2. ATF personnel may use the data collection on the ATF Form 6 - Part II to determine the eligibility for importation of the items listed on the form and to verify the status of the applicant. The approved form serves as authorization to U.S. Customs and Border Protection (CBP) to allow the items into the United States.

3. The fillable ATF Form 6 - Part II requires an original signature. However, ATF accepts completed forms, including those with electronic signature, that are submitted electronically by fax for processing. Individuals with disabilities can also access, complete, electronically sign and submit the 508 compliant 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. There is no effort to minimize the burden to small businesses since all entities, regardless of size, are required by statute to complete the ATF Form 6 - Part II.

6. Less frequent collection of information on ATF Form 6 - Part II 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 the 60-day Federal Register (FR) notice period. However, a 30-day notice FR will be published to solicit public comments.

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. Therefore, total burden for this information collection is 200 hours.

13. The cost to the respondent is reported as follows: 20% of the forms (i.e., those submitted by 80 respondents) are received by fax, while 80% of the forms (i.e., those submitted by 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 calculated as follows:

$4,500 (printing costs) + $93,115 (labor costs) = $97,615.00.

15. There are no program changes or adjustments associated with this information collection.

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

17. ATF does not request approval to omit the Office of Management and Budget expiration date for this information collection.

18. There are no exceptions to the certification statement.

2. This Collection of Information Employs No Statistical Methods.