Agency Information Collection Activities; Proposed Collection; Comments Requested; Revision of a Previously Approved Collection, Title-Application To Amend Federal Firearms License-ATF Form 5300.38
The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), will be submitting the following information collection request (ICR) to the Office ...
Bureau of Alcohol, Tobacco, Firearms, and Explosives; Department of Justice.
ACTION:
60-Day notice.
SUMMARY:
The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), will be submitting the following information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995.
DATES:
ATF encourages comments on this information collection. You may submit written comments until midnight on September 15, 2026.
ADDRESSES:
Submit written comments and recommendations for this information collection, especially on the estimated public burden or associated response time, to Tracey Robertson, FFLC, by email to
fflc@atf.gov,
or by mail to 244 Needy Rd; Martinsburg, WV 25405. Identify comments by the OMB control number 1140-0040. You may view the proposed information collection instrument online at
https://www.atf.gov/rules-and-regulations/federal-register-actions/forms-and-information-collection.
FOR FURTHER INFORMATION CONTACT:
If you have questions or need a copy of the proposed information collection instrument with instructions or additional information, contact: Tracey Robertson, FFLC, either by mail at 244 Needy Rd, Martinsburg, WV 25405, by email at
fflc@atf.gov,
or by telephone at 866.662.2750. If you require additional information on DOJ's ICR process for this renewal request, contact Darwin Arceo, Department Clearance Officer; United States Department of Justice; Justice Management Division, Policy and Planning Staff; Two Constitution Square, 145 N Street NE, 4W-218; Washington, DC.
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 the quality, utility, and clarity of the collected information can be enhanced, and if so, how; 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
Abstract:
The Gun Control Act at 18 U.S.C. 923 and implementing regulations at 27 CFR 478.50 and 52, require licensees to obtain a license to operate from ATF before beginning operations, or if already licensed, to first apply to amend a license and receive a new license for the new location. To make it easier for licensees to submit the necessary information when changing location of their business premises during an existing license period, ATF has prescribed that licensees submit Form 5300.38, notifying ATF of the proposed location change, certifying compliance with state and local requirements, and providing other information necessary to determine that operations can commence at the new location.
Type of information collection:
revising a previously approved collection.
Title of the form/collection:
Application to Amend Federal Firearms License.
Agency form number, if any, and the applicable component of the Department sponsoring the collection: Form number:
ATF Form 5300.38.
Component:
Bureau of Alcohol, Tobacco, Firearms, and Explosives; U.S. Department of Justice.
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-profit institutions.
Obligation to respond:
voluntary, required to obtain/retain a benefit.
Estimate of the total number of respondents and the amount of time estimated for an average respondent to respond:
There are an estimated 6,703 respondents associated with this information collection per year, and it will take each respondent an average of approximately 15 minutes to complete this form.
Estimate of the total annual burden (in hours) associated with the collection:
( printed page 44875)
The estimated annual public burden associated with this collection is 1,676 total hours, which is equal to 6,703 (total respondents) * 1 (# of responses per respondent) * 0.25 (15 minutes).
Estimate of the total annual other cost burden associated with the collection, if applicable:
0.
Estimated Total Hourly Burden
Activity
Number of
respondents
Frequency
Total annual responses
Time per
response (hours)
Total annual burden
(hours)
Completing Form 5300.38
6,703
1
6,703
0.25
1,676
Revisions to This Information Collection
As part of this ICR renewal, ATF is revising this information collection, OMB 1140-0040, to reflect a decrease in the total annual public burden. The number of respondents has decreased since the last renewal, from 10,000 to 6,703 annually, due to fewer respondents changing business premises. This has resulted in a corresponding decrease in the annual number of burden hours, from 5,000 hours to 3,352 hours (rounded). In addition, because the form has become fully electronic—completing, signing, and submitting—the amount of time it takes to complete the information collection has decreased from .5 hours to .25 hours, resulting in a further decrease in hourly burden to 1,676 hours.
In addition, ATF is also revising the title of the form and the ICR during this renewal for plain writing purposes, from “Application for an Amended Federal Firearms License” to “Application to Amend Federal Firearms License” to make it easier to read and is making minor plain writing edits to text on the form for the same reason. Finally, ATF is making minor technical amendments to the form to address common errors or confusion and questions raised by applicants completing the form, or to update definitions and PA and PRA statements to match current requirements. These minor edits include:
Item 11. Removed “(See Instructions #3).” Changed to “ATF Form 5310.12, Application for Federal Firearms License (Form 7).”
Item 13:
○ 13a. Added quotes around “Premises” and made bold; added the bolded statement “This address appears on the license.”
○ 13b. Removed word “List” from beginning.
For Items 7, 13, 14—Made state box smaller and county box larger.
Item 14. Added quotes around “Mailing” and made bold, also added “for business” and the statement “This address appears on the license.” Added “NOTE: Please also update mailing address if it has changed. It will NOT be updated automatically based on changes to premises address under Item 13.”
Item 16. Changed home phone number (with area code) to new fax number (with area code).
Item 17. Created new section, which reads:
17. Personal RP home address and data changes: Are there any changes to the personal data of any of the responsible persons (RPs) listed on this license? Yes or No (check boxes). If yes, list their name and any updates to their personal address, email, and new home/cell contact number on a separate sheet of paper. This personal data does NOT appear on the license unless also provided as a premises or business mailing address.
Item 18. Removed “(provide best email for contact and response).”
Item 24. Removed “where copy of lease, rental, or other agreement is requested.”
Item 28. Removed “Address of Responsible Person signing this form” section.
Moved paperwork reduction act to bottom of page 2 (to make space on instruction page).
Added new header for “Using the Form and Requirement to Notify ATF of Address Change.”
Streamlined and updated a majority of the information within the Instructions section.
Added section header backgrounds for Definitions, Privacy Act Statement, and Paperwork Reduction Act Statement, updated PA and PRA statements.
Updated definitions of chief law enforcement officer and responsible person.
Dated: July 14, 2026.
Darwin Arceo,
Department Clearance Officer for PRA, U.S. Department of Justice.
Use this for formal legal and research references to the published document.
91 FR 44874
Web Citation
Suggested Web Citation
Use this when citing the archival web version of the document.
“Agency Information Collection Activities; Proposed Collection; Comments Requested; Revision of a Previously Approved Collection, Title-Application To Amend Federal Firearms License-ATF Form 5300.38,” thefederalregister.org (July 17, 2026), https://thefederalregister.org/documents/2026-14387/agency-information-collection-activities-proposed-collection-comments-requested-revision-of-a-previously-approved-collec.