Justification for OMB 1140-0039 (ATF F 3310.11) 7.6.2020

Justification for OMB 1140-0039 (ATF F 3310.11) 7.6.2020.pdf

Federal Firearms Licensee Firearms Inventory/Firearms In Transit Theft/Loss Report

OMB: 1140-0039

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Department of Justice
Bureau of Alcohol, Tobacco, Firearms and Explosives
Supporting Statement
OMB 1140-0039
Federal Firearms Licensee/Firearms in Transit Theft/Loss Report - ATF Form 3310.11
and Federal Firearms Licensee/Firearms in Transit Theft/Loss Report Continuation Sheet
- ATF Form 3310.11A
A. JUSTIFICATION
1. Necessity of Information Collection
On September 12, 1994, the Violent Crime Control and Law Enforcement Act (The
Crime Bill) was signed into law, amending the Gun Control Act of 1968 (GCA). As
amended, Section 923(g) of Title 18 United States Code states: “Each licensee shall
report the theft or loss of a firearms from the licensee’s inventory or collection within 48
hours after the theft or loss is discovered to the Attorney General and to the appropriate
local authorities.”
ATF Form 3310.11 is the method used to determine compliance with the provision of the
Crime Bill. The title of this form “Federal Firearms Licensee/Firearms in Transit
Theft/Loss Report,” satisfies the provisions of the Act, which requires that licensees
report the theft or loss of firearms to the Attorney General and the appropriate authorities.
The information on this form is required by 18 U.S.C. 923(g) (6).
ATF requests approval to make the following changes to OMB 1140-0039 (Federal
Firearms Licensee/Firearms in Transit Theft/Loss Report - ATF Form 3310.11):
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Form title change from Federal Firearms Licensee Firearms Inventory Theft/Loss
Report to Federal Firearms Licensee/Firearms in Transit Theft/Loss Report
Edit: “…all notices and instructions…” instead of “…on reverse…” (line above
SECTION A)
Edit: “Trade/Corporation/Reporting Company Name” (from “Trade/Corporate
Name,” SECTION A)
Edit: consolidate SECTION B into SECTION A (see draft)
Add: “ In Transit” (“Description of Incident” field, SECTION A)
Add: fields for shipping information (see draft)
Edit: “SECTION C – Description of Firearms” becomes SECTION B
Edit: Reorder columns in “Description of Firearms” to match the order on ATF
Form 4473 in effort to standardize all forms that capture firearms descriptions. New
order is Manufacturer, Importer, Model, Serial Number, Type, Caliber/Gauge, and
Acquisition Date.
Edit: “Instructions to Federal Firearms Licensees” (see draft for list of revised
instructions)

ATF requests approval to make the following changes to OMB 1140-0039 (Federal
Firearms Licensee Inventory Theft/Loss Report Continuation Sheet - ATF Form
3310.11A):
•

Form title change from Federal Firearms Licensee Inventory Theft/Loss Report
Continuation Sheet to Federal Firearms Licensee/Firearms in Transit Theft/
Loss Report Continuation Sheet

2. Needs and Uses
A separate form is required for each theft/loss incident. The form must be prepared in
ink, signed and dated. Upon completion of this form by the licensee reporting the theft or
loss of firearms, the original will be forwarded to the ATF Stolen Firearms Program, and
a copy retained as part of the licensee’s permanent records.
3. Use of Information Technology
The ATF Form 3310.11 is an electronically fillable (e-fillable) and accessible form that is
available on the ATF public website for download and print. As part of the ongoing effort
to make this collection electronic, an email account [email protected] was created as
an alternate option for members of the public to submit completed, signed, and scanned
forms for electronic processing, alongside existing fax and mail-in submission capabilities.
Since the last extension request in 2017, ATF Form 3310.11 was embedded with digital
signature capability. We will continue to work with the Bureau to obtain the funding to
implement digital signature capability, which would greatly enhance the electronic
(eForm) capability of this collection, reduce or eliminate paper forms, and improve
electronic submission capability.
4. Efforts to Identify Duplication
The Federal Information Locator System Program has been terminated for agency use.
However, a subject classification system is used to identify duplication. Similar
information is available on OMB 1140- 0004 (Interstate Firearms Shipment Theft/Loss
Report - ATF Form 3310.6). However, the ATF Form 3310.6 is directed towards
common carriers and is voluntary in nature. The crime bill legislation makes it mandatory
for licensees to report firearm thefts or losses.
5. Minimizing Burden on Small Businesses
The information collection does not affect small business or other small entities.
6. Consequences of Not Conducting or Less Frequent Collection
ATF Form 3310.11 provides vital information regarding thefts/losses of firearms.
Respondents who fail to report the theft or loss from their inventory within 48 hours of
the discovery are in violation of 18 U.S.C. 923(g)(6), which is punishable as a felony.
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7. Special Circumstances
The information collection is conducted in a manner consistent with 5 CFR 1320.6.
8. Public Comments and Consultations
No comments were received during the 60-day Federal Register notice period.
However, a 30-day notice will be published in the Federal Register to solicit public
comments.
9. Provision of Payments or Gifts to Respondents
No payment or gift is associated with this collection.
10. Assurance of Confidentially
One copy of this form is kept with the licensee’s permanent records in a secured location.
Only the licensee has access to the forms. Confidentiality is not assured.
11. Justification for Sensitive Questions
No questions of a sensitive nature are associated with this collection.
12. Estimate of Respondent’s Burden
There are 4,000 respondents associated with this information collection. Each respondent
responds one time. The number of total annual responses is 4,000. It is estimated that it
takes 24 minutes to complete the form. The total annual burden is 1,600 hours, which is
equal to 4,000 (# of respondents) x .4 (24 minutes).
13. Estimate of Cost Burden
There is no startup cost to the respondent. Respondents can electronically submit their
responses, or mail them to the National Tracing Center. The cost of postage is now 49
cents. Therefore, the total cost is $1,960, which is equal to 4,000 (# of respondents) x
.49 cents (mailing cost per respondent).
14. Cost to the Federal Government
The total cost to the Federal Government to print this form is $2,769.00.
15. Reason for Change in Burden
There is no adjustment to the public burden associated with this information collection.
16. Anticipated Publication Plan and Schedule

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The results of this collection will not be published.
17. Display of Expiration Date
ATF does not request approval to not display the expiration date of OMB approval for
this collection.
18. Exception to the Certification Statement
There are no exceptions to the certification statement.
B. STATISTICAL METHODS
This collection does not employ statistical methods.

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