1140-0038 Justification

Department of Justice

Bureau of Alcohol, Tobacco, Firearms and Explosives

1140-0038

Supporting Statement - - Information Collection Requirement

ATF F 7CR (ATF F 5310.16)

Application for Federal Firearms License (Collector of Curios and Relics)

1. Justification:

1. Under 18 U.S.C. 923(a) various activities involving firearms in interstate or foreign commerce are prohibited unless the person is licensed under Title 18 U.S.C. Chapter 44. Federally licensed collectors of firearms classified as curios and relics may acquire these firearms in interstate or foreign commerce to facilitate their personal collection without the necessity of acquiring curios and relics through another type of license under the Code. This collection of information is necessary to insure that the person who wishes to be licensed as required by Section 923 meets the requirements of the section for the license.

2. The information collection requirement is satisfied by submission of an application for a Federal Firearms License (Collector of Curios and Relics) to ATF. The collector’s license being applied for pertains exclusively to firearms classified as curios and relics, and its purpose is to facilitate a personal collection. ATF personnel analyze this application to determine the applicant’s eligibility to receive the requested license. With payment of the required fee under 18 U.S.C. § 923(b), the application must be approved, and the license issued, if the applicant meets the provisions of 923(d)(1).

A detailed analysis of responses to the application is made by ATF personnel to make sure that: 1) the person (or persons) seeking the license has premises, 2) all responsible persons are not under the disabilities of 922(g) and (h): and, 3) the applicant has not willfully failed to disclose any material information or has not made any false statements as to any material fact.

From the material supplied on the Form 7CR, a criminal record check is made by ATF personnel on all responsible persons to confirm their certification that they are not under the disabilities of 922(g) and (h).

As long as 18 U.S.C. § 923 requires a person wishing to transport, ship, or receive curio and relic firearms in interstate or foreign commerce to pay a fee, to file an application and to obtain a license before obtaining curios and relics firearms interstate, this form or one like it will be necessary.

3. ATF F 7CR is available on the ATF website. The form 7CR is available on line thru the ATF on-line Distribution Center order form. It is available as a package that includes the form, instructions, and other materials. The package is very user friendly because it includes all of the documents needed to apply for a license. Other ways to access the form is to request the package from the ATF National Licensing Center via email at NLClicenseapplication@atf.gov or call the ATF Distribution Center.

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. The collection of this information would have no impact on small businesses or other small entities.

6. Less frequent collection of this information would pose a threat to public safety. Without the information required by statute, and the background information necessary to verify certain elements, ATF might issue licenses to persons prohibited by law from obtaining Curio and Relic firearms in interstate or foreign commerce.

7. There are no special circumstances associated with this collection. This respondent requirement is conducted in a manner consistent with 5 C.F.R. § 1320.6.

8. The ATF chief counsel was consulted to ensure that the requirements of the law were addressed for this information collection. A 60-day and 30-day public notice was published in the Federal Register into solicit comments from the public. No comments were received.

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

10. Responses are maintained by ATF for government use. Disclosure of ATF Form 7CR is governed by 26 U.S.C. § 6103, for the period the applicant does not have a license, the Privacy Act of 1974, 5 U.S.C. 552a, and the Freedom of Information Act, 5 U.S.C. § 552. The information identifying the applicant would not be disclosed except as provided by the Privacy and Freedom of Information Acts. Confidentiality is not assured.

11. Questions of a sensitive nature are asked to assist in determining if the applicant is prohibited from possessing firearms.

12. There are 7,300 respondents who will complete the form one time. It is estimated that it takes 15 minutes to complete the form. The total burden associated with this information collection is 1,825 hours.

13. No new cost is associated with this collection. The annual cost associated with this collection is postage amounting to $3,212

14. Annual cost to ATF is estimated as follows:

Printing $ 800

Distribution $500

Total $ 1,300

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

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

17. ATF requests authorization to omit printing the expiration date for ATF Form 7CR, Application for a Firearms License (Collector of Curios and Relics). Printing the expiration date on the form will result in increased cost because of the need to replace inventories that become obsolete by passage of the expiration date each time OMB approval is renewed. The time period during which the current edition of the form in this package will continue to be usable cannot be predicted. It could easily span several cycles of review and OMB clearance renewal. In addition, usage fluctuates unpredictably. This makes it necessary to maintain a substantial inventory of forms in the supply line at all times. For these reasons, we request authorization to omit printing the expiration date on the form in this package.

18. There are no exceptions to the certification statement.

B. Collection of Information Employing Statistical Methods

1. This collection does not involve statistical methods.

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