1140-0003 Justification Final

Department of Justice

Bureau of Alcohol, Tobacco, Firearms and Explosives

Supporting Statement

OMB 1140-0003

Report of Multiple Sale or Other Disposition of Pistols and Revolvers

ATF F 3310.4

1. Justification

1. Title 18, United States Code 923 (g) (3) provides that “Each licensee shall prepare a report of multiple sales of other dispositions, whenever the licensee sells or otherwise disposes of, at one time or during any five consecutive business days, two or more pistols, or revolvers, or any combination of pistols or revolvers totaling two or more, to an unlicensed person.” The report shall be prepared on ATF F 3310.4, Report of Multiple Sale or Other Disposition of Pistols and Revolvers. It is also pertinent to mention that the Multiple Sale or Other Disposition Report was originally a regulatory requirement that was incorporated into the Gun Control Act when it was amended in 1986.

ATF requests approval to make the following changes to the ATF F 3310.4, Report of Multiple Sale or Other Disposition of Pistols and Revolvers, which are intended to improve usability and clarify reporting instructions:

• FRONT OF FORM: Item #2b – replace current language to state “Trade/corporate name and address….”

• FRONT OF FORM: Item #3 – add “See Instruction #3.”

• FRONT OF FORM: BOTTOM – replace current language to state “email form to multiplehandgunsalesforms@atf.gov”.

• INSTRUCTIONS: Item #1 – replace current language to state “Federal Firearms Licensees (FFLs) must use this form to report all transactions in which an unlicensed person acquired any combination of two or more pistols or revolvers totaling two or more at one time or during five consecutive business days. This form is not required when the pistols or revolvers are returned to the same person from whom they are received.”

• INSTRUCTIONS: Item #3 – replace current language to state “…a separate form is to be submitted for each unlicensed person and if more than six pistols and/or revolvers are involved in a transaction, the information required by Item #3, must be provided for additional Pistols and Revolvers on a separate sheet of paper and shall be attached to the ATF Form 3310.4 covering the transaction.”

• INSTRUCTIONS: Item #7a – change to state “Email, fax or mail…”  Add bold to multipehandgunsalesforms@atf.gov; Remove bold from fax number.

• INSTRUCTIONS: Item #7a – change mailing address to 244 Needy Road, Martinsburg, WV 25405.

• INSTRUCTIONS: Item #7b – change mailing address to 244 Needy Road, Martinsburg, WV  25405. 

• INSTRUCTIONS: Item #7c – replace current language to state “Regulation 478.126a requires the licensee to retain one copy of Form 3310.4 and attach it to the firearms transaction record, ATF Form 4473, executed upon delivery of the pistols or revolvers.”

• INSTRUCTIONS: Item #8 – replace current language to state “Additional forms may be obtained online at www.aft.gov or through the ATF Distribution Center at (703) 870-7526 or (703) 870-7528.”

2. These reports of multiple sales or other dispositions, are used by ATF as a means to discern patterns in the purchase of firearms, that may end up in the interstate trafficking of illegal firearms. The information is also used to determine if the buyer (transferee) is involved in unlawful activity. The report shall be prepared not later than the close of business on the day that the multiple sales or other disposition occurs.

3. This information collection is now available on the ATF website as a fillable form. The respondent may submit their responses electronically by email or fax, or otherwise mail their complete form to the ATF National Tracing Center for processing. The respondent must also provide a copy of the form to their local Chief Law Enforcement Official.

4. ATF uses a subject classification code on all forms, to ensure that there is no duplication of information. Similar information is not available elsewhere for this information collection requirement.

5. This collection of information does not impact small businesses or other entities.

6. The consequence of not conducting this information collection would be enabling a threat to public safety, since it involves reports about certain sales or other dispositions of handguns for law enforcement purposes.

7. There are no special circumstances for this information collection which conforms to the guidelines of 5 CFR 1320.6

8. No public comments were received during the either the 60-day or 30-day Federal Register notice period.

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

10. Respondent confidentiality is not assured, although the collected information is used, stored and retrieved in accordance with Justice/ATF-008 Regulatory Enforcement Record System 68 FR 3558 dated January 24, 2003.

11. No questions of a sensitive nature are asked.

12. The estimated number of respondents is 77,905. The frequency of response averages 5.852 per respondent, though some may complete several during a year and others may complete none. The estimated total responses are 455,934. It is estimated to take 15 minutes to complete the form. These estimates are based on records received during 2017. Total annual burden hours are 113,984.

13. It is estimated that 60% of respondents fax their response, 27% email their response, and 13% mail their response. Therefore, the total annual cost burden associated with the submission of the ATF F 3310.4 is estimated at $7,705 (59,271 forms mailed x .54).

14. Estimates of annual costs to the Federal Government are as follows:

Printing $34,386

Distribution 27,674

Clerical cost 1,800,939

Total $1,864,539

15. The changes to the burden such as an increase in the number of respondents by $4,106, the total responses by 126,768 and the IC burden hours by 31,692, are due to revision of agency estimates and a general increase in the number of respondents and responses since the last renewal in 2017.

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

17. ATF does not request approval to not display the expiration date for OMB approval of the information for this collection.

18. There are no exceptions to the certification statement.

1. Collections of Information Employing Statistical Methods.

None