[Federal Register Volume 62, Number 76 (Monday, April 21, 1997)]
[Proposed Rules]
[Pages 19446-19447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10241]



  Federal Register / Vol. 62, No. 76 /Monday, April 21, 1997 / Proposed 
Rules  

[[Page 19446]]



DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and Firearms

27 CFR Part 178

[Notice No. 849]
RIN 1512-AB66


Residency Requirements for Persons Acquiring Firearms (97R-687P)

AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Department of 
the Treasury.

ACTION: Proposed rulemaking by cross reference.

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SUMMARY: In the same separate part of this Federal Register, the Bureau 
of Alcohol, Tobacco and Firearms (ATF) is issuing a temporary rule 
amending the regulations to provide for a firearms purchaser's 
affirmative statement of his or her State of residence on ATF Form 4473 
(Firearms Transaction Record) and ATF Form 5300.35 (Statement of Intent 
to Obtain a Handgun) in acquiring a firearm from a Federal firearms 
licensee. The temporary rule also amends the regulations to require 
that aliens purchasing a firearm provide proof of residency through the 
use of substantiating documentation, such as utility bills or a lease 
agreement. In addition, the regulations are being amended to require 
that licensees examine a photo identification document from aliens 
purchasing firearms. Finally, the definition of ``State of residence'' 
is being amended to eliminate the language allowing aliens to establish 
residency by obtaining a letter from their embassy or consulate. The 
definition is also being amended to define more clearly ``State of 
residence.'' These regulations implement President Clinton's March 5, 
1997, announcement of firearms initiatives intended to protect the 
American public from gun violence. The temporary regulations also serve 
as the text of this notice of proposed rulemaking for final 
regulations.

DATES: Written comments must be received on or before July 21, 1997.

ADDRESSES: Send written comments to: Chief, Regulations Branch; Bureau 
of Alcohol, Tobacco and Firearms; P.O. Box 50221; Washington, DC 20091-
0221; ATTN: Notice No. 849.

FOR FURTHER INFORMATION CONTACT: James P. Ficaretta, Regulations 
Branch, Bureau of Alcohol, Tobacco and Firearms, 650 Massachusetts 
Avenue, NW., Washington, DC 20226 (202-927-8230).

SUPPLEMENTARY INFORMATION:

Executive Order 12866

    It has been determined that this proposed regulation is not a 
significant regulatory action as defined in E.O. 12866. Accordingly, 
this proposal is not subject to the analysis required by this Executive 
Order.

Regulatory Flexibility Act

    It is hereby certified that these proposed regulations will not 
have a significant economic impact on a substantial number of small 
entities. The proposed regulations are necessary to implement the 
President's March 5, 1997, announcement of firearms initiatives 
intended to protect the American public from gun violence. Furthermore, 
the burden placed on firearms licensees for the collections of 
information is minimal. Accordingly, a regulatory flexibility analysis 
is not required.

Paperwork Reduction Act

    The collections of information contained in this notice of proposed 
rulemaking have been submitted to the Office of Management and Budget 
for review in accordance with the Paperwork Reduction Act of 1995 (44 
U.S.C. 3507(d)). Comments on the collections of information should be 
sent to the Office of Management and Budget, Attention: Desk Officer 
for the Department of the Treasury, Bureau of Alcohol, Tobacco and 
Firearms, Office of Information and Regulatory Affairs, Washington, DC, 
20503, with copies to the Chief, Document Services Branch, Room 3450, 
Bureau of Alcohol, Tobacco and Firearms, 650 Massachusetts Avenue, NW, 
Washington, DC 20226. Comments are specifically requested concerning:
    Whether the proposed collections of information are necessary for 
the proper performance of the function of the Bureau of Alcohol, 
Tobacco and Firearms, including whether the information will have 
practical utility; the accuracy of the estimated burden associated with 
the proposed collections of information (see below), and; how the 
burden of complying with the proposed collections of information may be 
minimized, including through the application of automated collection 
techniques or other forms of information technology.
    The collections of information in this proposed regulation are in 
27 CFR 178.124, 178.125, and 178.130. This information is required to 
ensure that individuals purchasing firearms meet the residency 
requirements mandated by law. The likely respondents are individuals.
    Estimated total annual reporting burden: 1512-0129--1,026,000 
hours; 1512-0130--11,843 hours; 1512-0387--43,041 hours; 1512-0520--
478,300 hours.
    Estimated average annual burden hours per respondent: 1512-
0129--.171 hours; 1512-0130--.12 hours; 1512-0387--3 hours; 1512-
0520--.10 hours.
    Estimated number of respondents: 1512-0129--6,000,000; 1512-0130--
20,900; 1512-0387--14,347; 1512-0520--2,000,000.
    Estimated annual frequency of responses: 1512-0129--1; 1512-0130--
1; 1512-0387--1; 1512-0520--1.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a valid 
control number assigned by the Office of Management and Budget.

Public Participation

    ATF requests comments on the temporary regulations from all 
interested persons. Comments received on or before the closing date 
will be carefully considered. Comments received after that date will be 
given the same consideration if it is practical to do so, but assurance 
of consideration cannot be given except as to comments received on or 
before the closing date.
    ATF will not recognize any material in comments as confidential. 
Comments may be disclosed to the public. Any material which the 
commenter considers to be confidential or inappropriate for disclosure 
to the public should not be included in the comment. The name of the 
person submitting a comment is not exempt from disclosure.
    Any interested person who desires an opportunity to comment orally 
at a public hearing should submit his or her request, in writing, to 
the Director within the 90-day comment period. The Director, however, 
reserves the right to determine, in light of all circumstances, whether 
a public hearing is necessary.
    The temporary regulations in this issue of the Federal Register 
amend the regulations in 27 CFR part 178. For the text of the temporary 
regulations, see T.D. ATF-389 published in the same separate part of 
this issue of the Federal Register.

Drafting Information

    The author of this document is James P. Ficaretta, Regulations 
Branch, Bureau of Alcohol, Tobacco and Firearms.


[[Page 19447]]


    Signed: April 4, 1997.
John W. Magaw,
Director.

    Approved: April 11, 1997.
John P. Simpson,
Deputy Assistant Secretary, (Regulatory, Tariff and Trade Enforcement).
[FR Doc. 97-10241 Filed 4-18-97; 8:45 am]
BILLING CODE 4810-31-P