Justification for OMB 1140-0018 (ATF Form 7 5310.12 _7CR 5310.16) 2023.05_508

Department of Justice
Bureau of Alcohol, Tobacco, Firearms and Explosives
Supporting Statement
Information Collection Request
OMB 1140-0018
Application for Federal Firearms License and Part B – Responsible Person Questionnaire
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) ATF Copy, CLEO copy,
and Part B:
I.
II.
III.
IV.
V.
VI.
VII.

VIII.

Fixed several spelling and grammatical errors.
Part A (ATF Copy and CLEO Copy): Question 8 – Updated wording from
“Contact Numbers” to “Contact Information”.
Part A: Question 11 – Removed “Diner’s Club” as a payment option.
Part B (ATF Copy and CLEO Copy): Header – Added “Part B-Responsible
Person Questionnaire” to the top of the page.
Part B (ATF Copy, CLEO Copy, and Part B Questionnaire): Question 33 –
Added reference to definition #6.
Part B (ATF Copy, CLEO Copy, and Part B Questionnaire): Question 34 –
Added reference to definition #6.
Instructions (ATF Copy and Part B Questionnaire): Under the Instructions
header, but before #1, added verbiage “Please obtain your downloadable forms
from atf.gov to ensure you are using the most current version. Hardcopy forms can
be obtained from the ATF Distribution Center. (Type “ATF Distribution Center”
into a search engine or call 240-828-5316 to order).”
Definitions (ATF Copy and Part B Questionnaire): Definition #7 – Updated
definition to “or by a person who has a current or recent former dating relationship
with the victim (as defined in 18 U.S.C. § 921(a) (37)).”

2. The information collection requirement is satisfied by the submission of a completed

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.
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. Both a 60-day and 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,
completed forms for this information collection are kept in a secured location at the
ATF Federal Firearms Licensing Center. ATF staff who process these forms have
special security clearances. Confidentiality is not assured.
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 25,000 per
year. Each respondent will complete the form one time. As such, the total number of
responses is 25,000. It takes about one (1) hour to complete the form. Therefore, the
total annual burden hours for this IC is 25,000.
13. No new cost is associated with this collection. However, the annual cost has increased
due to a change in the postal rate from $0.55 during the last renewal in 2020, to $0.63
in 2023. Consequently, the new public cost burden will be reported as $15,750.00,
which is equal to .63 (mailing cost per respondent) * 25,000 (# of respondents).
14. Annual cost to ATF is estimated as follows:
Printing
Distribution Center
Clerical
FFLC Postal
Total

$ 7,500
$ 14,400 (For distribution center to mail 25,000 forms)
$ 2,400
$ 1,200 (For FFLC to mail 2,000 forms to FFLs at metered rate)
$ 25,500

15. The adjustments associated with this information collection include an increase in the
average total respondents and responses from 13,000 per year to 25,000 per year, since
the last renewal in 2020. Therefore, the total annual burden hours has increased by
12,000 hours.

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.