Firearms Transaction Record, Part 1, Over-the-Counter

ICR 201112-1140-004

OMB: 1140-0020

Federal Form Document

Forms and Documents
Document
Name
Status
Form and Instruction
Modified
Supplementary Document
2011-12-21
Supporting Statement A
2012-04-13
Supplementary Document
2008-07-22
Supplementary Document
2008-07-22
IC Document Collections
ICR Details
1140-0020 201112-1140-004
Historical Active 201108-1140-001
DOJ/ATF
Firearms Transaction Record, Part 1, Over-the-Counter
Revision of a currently approved collection   No
Emergency 12/23/2011
Approved with change 04/13/2012
Retrieve Notice of Action (NOA) 12/23/2011
  Inventory as of this Action Requested Previously Approved
10/31/2012 6 Months From Approved 11/30/2012
14,409,616 0 112,073
7,204,808 0 56,037
0 0 0

Under 18 USC 922, ATF requires that a person purchasing a firearm from a Federal firearms licensee complete ATF Form 4473. The form is used to determine the eligibility (under the Gun Control Act) of a person to receive a firearm from a Federal firearms licensee and to establish the identity of the buyer.
Emergency Request for Approval of Collection of Information The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) forwards this request for emergency approval of the collection of information associated with the ATF Form 4473 (5300.9). This emergency review has been requested in accordance with the Paperwork Reduction Act (44 U.S.C. Chapter 3507(j)), because public harm is reasonably likely to result if normal clearance procedures are followed. ATF is making conforming changes to ATF Form 4473 in order for it to be consistent with the Department’s recent legal conclusions concerning the proper scope of prohibitions and requirements in the Gun Control Act. First, based on an opinion of the Department’s Office of Legal Counsel (OLC), dated October 28, 2011, the Department has concluded that the statutory prohibitions in 18 U.S.C. 922(g)(5)(B) on transfer and possession of firearms apply only to nonimmigrant aliens admitted to the United States under a nonimmigrant visa, and do not apply to nonimmigrant aliens whose lawful presence in the United States did not require a visa. Appropriate changes have been made to Form 4473 to conform to OLC’s opinion. Second, the Department has also concluded that, under the language of the Gun Control Act, aliens lawfully present in the United States may not be subject to state residency requirements that are different from those that apply to U.S. citizens. Accordingly, ATF Form 4473 is being revised to strike an instruction on the form requiring aliens to establish residency in a State continuously for a period of at least 90 days prior to acquiring a firearm from a Federal firearms licensee, a requirement that does not apply to U.S. citizens. Immediate revisions to Form 4473 are necessary to conform with the law. If normal clearance procedures are followed, the Department believes there will be widespread confusion among Federal firearms licensees, as well as among aliens lawfully present in the United States who wish to purchase a firearm, about a process that if not performed correctly can result in the imposition of civil or criminal sanctions . Publication of the Federal Register notice advising the public of the emergency request will acquaint licensees and aliens with the Department’s legal positions. Delaying implementation of the new interpretation during a three to six month notice and comment period will generate many questions about which position licensees should follow. Immediate implementation is therefore required.

US Code: 18 USC 922 Name of Law: Unlawful acts
  
None

Not associated with rulemaking

  76 FR 80404 12/23/2011
No

1
IC Title Form No. Form Name
Firearms Transaction Record, Part 1, Over-the-Counter ATF F 4473 (5300.9) Firearms Transaction Record Part I-Over-The-Counter

  Total Approved Previously Approved Change Due to New Statute Change Due to Agency Discretion Change Due to Adjustment in Estimate Change Due to Potential Violation of the PRA
Annual Number of Responses 14,409,616 112,073 0 0 14,297,543 0
Annual Time Burden (Hours) 7,204,808 56,037 0 0 7,148,771 0
Annual Cost Burden (Dollars) 0 0 0 0 0 0
Yes
Miscellaneous Actions
No
The estimated number of respondents (112,073) and corresponding annual burden hours (56,037) approved under this control number in 2008 were significantly inaccurate due to an underestimation of the number of respondents; the burden estimate per respondent was accurate and is not being changed,but the number of respondents is being changed. Based upon recent statistics concerning firearms transactions involving a federal background check, ATF now estimates there are 14,409,616 respondents each year

$1,500,000
No
No
No
No
No
Uncollected
Nilda Santamaria 202 648-7190 federalregisterATFF4473@atf.gov

  No

On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
 
 
 
 
 
 
 
    (i) Why the information is being collected;
    (ii) Use of information;
    (iii) Burden estimate;
    (iv) Nature of response (voluntary, required for a benefit, or mandatory);
    (v) Nature and extent of confidentiality; and
    (vi) Need to display currently valid OMB control number;
 
 
 
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
12/23/2011


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