SUPPLEMENTARY INFORMATION:

We encourage written comments and suggestions from the public and affected agencies concerning the proposed information collection. Your comments should address one or more of the following four points:

—Evaluate whether the proposed information collection is necessary to properly perform ATF's functions, including whether the information will have practical utility;

—Evaluate the agency's estimate of the proposed information collection's burden for accuracy, including validity of the methodology and assumptions used;

—Evaluate whether, and if so, how, the quality, utility, and clarity of the collected information can be enhanced; and

—Minimize the information collection's burden on those who are to respond, including using appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting people to submit electronic responses.

Overview of This Information Collection

1. Abstract: Prior to transferring a firearm, a federal firearms licensee (FFL) must determine if the unlicensed transferee may lawfully receive the firearm. The FFL must also initiate a background check. Form 4473 is the vehicle by which transferees provide the necessary information for the FFLs to accomplish both statutorily required tasks. This collection is critical to law enforcement, complying with statutes prohibiting certain persons from possessing firearms, facilitating crime gun traces.

2. Type of information collection: revising a previously approved collection.

3. Title of the form/collection: Firearms Transaction Record.

4. Agency form number, if any, and the applicable component of the Department sponsoring the collection:

Form number: ATF Form 5300.9 and 5300.9A (“Form 4473”).

Component: Bureau of Alcohol, Tobacco, Firearms, and Explosives; U.S. Department of Justice.

5. Affected public who will be asked or required to respond, as well as the obligation to respond:

Affected public: individuals or households, private sector for-or not-for-profit institutions.

Obligation to respond: required to obtain a benefit (firearm) and mandatory per 18 U.S.C. 922(b)-(d) and 27 CFR 478.99.

6. Estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: There are an estimated 22,500,265 respondents associated with this information collection annually. Each respondent completes the form prior to acquiring a firearm. ATF estimates that it will take each respondent approximately 15 minutes (0.25 hours) to complete the form.

7. Estimate of the total annual burden (in hours) associated with the collection: The estimated annual public burden associated with this collection is 5,625,091 total hours, which is equal to 22,500,365 (total respondents) * 1(# of responses per respondent) * 0.25 (15 minutes).`

8. Estimate of the total annual other cost burden associated with the collection, if applicable: $0.

Revisions to This Information Collection

ATF is revising information collection (IC) OMB 1140-0020 to include material changes to the form in its entirety and updates to the hourly burden from the previous renewal. These changes have decreased the hourly burden per respondent by consolidating previously multiple transferee sections into one page, reducing the number of blocks, questions, and information to make it easier to read and respond, reorganizing the questions for faster response and easier reading, and limiting the requested information to items required by statute, in addition to allowing respondents to submit copies of their identification documents, rather than transcribing the information onto the form. More specifically, ATF is making the following changes to Form 4473 as part of this revision to make it easier and faster for respondents and licensees to complete the form and align it more closely with the statute and with plain ( printed page 25449) writing requirements. The following changes will be implemented:

1. Edits made throughout for plain writing purposes, changes in voice from passive to active language, and punctuation edits throughout.

2. Some items have moved to different locations and been rephrased due to reorganization throughout the document. The new organization allows transferees and FFLs to complete each of their pages, rather than the previous structure, in which sections alternated, requiring pass-backs and more time.

3. Two checkboxes added (if applicable to the transaction) to the top right-hand side of the form.

4. Section headings A—D have all been removed.

5. Firearm information that was initially the first section of the document has been moved to new item 5 on the 2026 version.

6. Transferee will now complete the first four questions on the form (including the transferee's information, transferee's eligibility to receive a firearm, citizenship questions, and certification questions).

7. In transferee information section (which was previously box 14) labeled SEX, non-binary was removed. The only selections are male or female and this is now item 1.

8. Boxes are included for transferee to indicate if their first name is an “initial only” or to indicate “no middle name.”

9. The separate ethnicity and race sections have been combined into one race/ethnicity question (new item 1) with minor changes. Hispanic or Latino is now a checkbox like the others, and a new box has been added for Middle Eastern/North African. These changes are to correspond to Census Bureau categories and recent executive order requiring the updates.

10. The transferee eligibility questions ( i.e., those which may prohibit or qualify the transaction) are now item 2 (completed by transferee) and transferee must attest to statements by initialing items 2a through 2d. No longer checkboxes of “yes” or “no.” The question which was previously item 21a. (eligibility) question “are you the actual transferee/buyer of the firearm(s) . . .” no longer precedes the eligibility (prohibiting) questions and is now located in item no. 2 and rephrased as “not engaging in a straw purchase”, because of statutory changes in 2022.

11. Questions related to citizenship and alien or non-immigrant alien status, (formerly items 21l, m1 and m2) are now part of item 3 (transferee citizenship). Former question 21n, related to making a sale to a nonimmigrant alien not meeting one of the exceptions, has been removed.

12. The transferee's certification that directly followed the eligibility (prohibiting) questions is now item 4 (transferee certification part I). It has been reworded as declarative statements to which the transferee attests, indicating they understand all parts of the transaction and what they are signing. The arrangement of the statements is slightly different.

13. Whether the firearm(s) are handgun, long gun, or other has been removed from the form (formerly item 24). However, there is an optional area in which the FFL may note this on page 4, if they wish.

14. What was formerly item 25 is now item 5, but `county' has been removed as part of the address. It is not required by the statute.

15. Identification (formerly item 26a) is now item 7, and the FFL must either attach a copy of the document or they can record the information on page 4.

16. Former items 26b (supplemental issued documentation), 26c. (official military orders), and 26d. (exception to nonimmigrant alien prohibition) are now all part of item 7 (with new wording).

17. The notice regarding the under-21 waiting period, right before the NICS section, was removed. However, there is similar wording in a later section of the new form related to 21-and-over or under-21 transactions in item 11.

18. Transferee certification has now been broken into transferee certification part I (item 4) and part II (item 8) (part II is what was formerly called “recertification”).

19. Transferor certification heading has been changed to FFL certification and has slightly different wording. This is now item 9.

20. The reminder for completing ATF Form 3310.4 (multiple sales report) was removed from the Form 4473.

21. Many instruction sections were removed. They will be available on ATF's website for persons who have questions. The remaining instructions have been shortened significantly and written in plain writing.

If you require additional information, contact: Darwin Arceo, Department Clearance Officer; United States Department of Justice; Justice Management Division, Enterprise Portfolio Management; Two Constitution Square, 145 N Street NE, 4W-218; Washington, DC.

91 FR 25448