Justification for OMB 1140-0024 (ATF Form 5300.5) 9.27.2021

Department of Justice

Bureau of Alcohol, Tobacco, Firearms and Explosives

Supporting Statement

Information Collection Request

OMB 1140-0024

Demand 2 Program: Report of Firearms Transactions –– ATF Form 5300.5

A. Justification

1. This report is required under authority 18 U.S.C. § 923(g), in the form and manner specified in 27 CFR § 478.126(a), and is in addition to all records and reports required under any other provision of law or regulations. This information collection documents transactions of firearms for law enforcement purposes. Each federal firearms licensee (FFL), when required by letter issued by a Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) official, shall submit a Demand 2 Program: Report of Firearms Transactions –– ATF Form 5300.5 (ATF Form 5300.5), detailing all firearms transactions during a specified period, with quarterly follow up reports required until notified in writing by the official to cease such reporting.

ATF requests approval to make the following changes to ATF Form 5300.5:

• Updated the Firearms Description Columns: These columns were modified to include the following categories: Manufacturer, Importer, Model, Serial Number, Type, Caliber, and Acquisition Date.

2. ATF Form 5300.5 is used when an ATF official has determined that an FFL has met the Demand 2 reporting requirements. The Demand 2 program requires FFLs with 25 or more traces with a time to crime of three years or less in a calendar year, to submit an annual report followed by quarterly reports of firearms acquired from unlicensed sources (non-FFL holders). The form clearly outlines all required information. ATF personnel will examine all completed forms for any discrepancies.

3. ATF Form 5300.5 is available on ATF’s website and can be downloaded and printed for completion. The electronic form is fillable and accessible (508 compliant) to individuals with disabilities. The completed form can be submitted by email.

3. 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 this information collection.

3. This collection of information has no significant impact on small businesses or other small entities. Electronic reports are acceptable.

3. Federal firearms licenses would be revoked or denied, and criminal liabilities would increase, without this information collection. Also, without this collection, ATF personnel would not have access to trace data to assist law enforcement entities with criminal investigations.

3. There are no special circumstances. The data will be collected in a manner consistent with the guidelines in 5 CFR 1320.6.

3. No comments were received during the 60-day Federal Register notice period. However, a 30-day FR notice will be published to solicit public comments.

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

3. This information is used for law enforcement purposes only. These records will be viewed by ATF personnel only. Confidentiality is not assured.

3. No questions of a sensitive nature are asked.

3. There are 628 respondents associated with this collection. Each respondent will respond four times in a calendar year or quarterly to this collection. The total responses are 2,512. Each respondent takes approximately 30 minutes to complete the form. The total annual burden associated with this collection is 1,256 hours.

3. There is no cost to the respondent since all responses are submitted electronically.

3. The annual cost to the Federal Government is $240.00.

3. Due to an increase in the number of FFLs subject to the reporting requirements of the Demand 2 program, the total respondents, responses, and burden hours for this collection have increased by 233, 932, and 466 respectively, since the last renewal in 2018.

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

3. ATF does not request approval to not display the expiration date of Office of Management and Budget approval for this collection.

3. There are no exceptions to the certification statement.