[Federal Register Volume 79, Number 149 (Monday, August 4, 2014)]
[Rules and Regulations]
[Pages 45091-45092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-18392]



[[Page 45091]]

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DEPARTMENT OF JUSTICE

Bureau of Alcohol, Tobacco, Firearms, and Explosives

27 CFR Part 478

[Docket No. ATF 19F; AG Order No. 3451-2014]
RIN 1140-AA34


Elimination of Firearms Transaction Record, ATF Form 4473 (Low 
Volume) (2008R-21P)

AGENCY: Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), 
Department of Justice.

ACTION: Final rule.

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SUMMARY: The Department of Justice is amending the regulations of the 
Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) by 
eliminating the Firearms Transaction Record, ATF Form 4473 (Low Volume 
(LV)), Parts I and II. Federally licensed firearms dealers used this 
form as an alternate record for the receipt and disposition of 
firearms. Because licensees rarely use Form 4473 (LV), ATF has 
determined that continued use of this form is unwarranted and it should 
be eliminated. Licensees will be required to use the standard Form 4473 
for all dispositions and maintain a record of the acquisition and 
disposition of firearms in accordance with the regulations.

DATES: This rule is effective October 3, 2014.

FOR FURTHER INFORMATION CONTACT: Denise Brown, Enforcement Programs and 
Services, Bureau of Alcohol, Tobacco, Firearms, and Explosives, U.S. 
Department of Justice, 99 New York Avenue NE., Washington, DC 20226; 
telephone: (202) 648-7070.

SUPPLEMENTARY INFORMATION:

I. Background

    The Attorney General is responsible for enforcing the provisions of 
the Gun Control Act of 1968 (``the Act''), 18 U.S.C. Chapter 44. Among 
other things, the Act authorizes the Attorney General to establish 
license and recordkeeping requirements. The Attorney General has 
delegated authority to administer and enforce the Act to the Director 
of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), 
subject to the direction of the Attorney General and the Deputy 
Attorney General. 28 CFR 0.130(a). Regulations that implement the 
provisions of the Act are contained in 27 CFR Part 478.
    Section 478.125(e) requires that each federally licensed firearms 
dealer enter into a record each receipt and disposition of a firearm. 
Licensed dealers must maintain the record in bound form under the 
format prescribed in the regulations. Regarding the purchase or other 
acquisition of a firearm by a licensed dealer, the record must show the 
date of receipt, the name and address or the name and license number of 
the person from whom it was received, the name of the manufacturer and 
importer (if any), the model, serial number, type, and the caliber or 
gauge of the firearm. Licensed dealers must also record certain 
information regarding the sale or other disposition of a firearm, e.g., 
the date of the sale or other disposition of the firearm, the name and 
address of the person to whom the firearm is transferred, or the name 
and license number of the person to whom the firearm is transferred if 
such person is a licensee.
    Section 478.124a, which became effective August 1, 1988, provides 
for alternate records for the receipt and disposition of firearms by 
licensed dealers. This section generally provides that a licensed 
dealer acquiring firearms and contemplating the disposition of not more 
than 50 firearms within a succeeding 12-month period to licensees or 
nonlicensees could maintain a record of the acquisition and disposition 
of such firearms on a firearms transaction record, Form 4473 (LV) Part 
I, Firearms Transaction Record Part I--Low Volume--Over-The-Counter, or 
Form 4473 (LV) Part II, Firearms Transaction Record Part II Low 
Volume--Intrastate Non-Over-The-Counter, in lieu of the records 
prescribed by Sec.  478.125(e). A licensed dealer who maintains 
alternate records pursuant to Sec.  478.124a, but whose firearms 
dispositions exceeded 50 firearms within a 12-month period, is required 
to make and maintain the acquisition and disposition records required 
by Sec.  478.125(e) with respect to each firearm exceeding 50.
    The standard Form 4473, Firearms Transaction Record, is the form 
commonly used by firearms licensees to record distributions of firearms 
to nonlicensed individuals. This form is supplemented by the licensee's 
acquisition and disposition record. The Form 4473 (LV) combined the 
acquisition and disposition record into the form for use by low volume 
licensees (i.e., dealers distributing not more than 50 firearms per 
year).

II. Notice of Proposed Rulemaking

    On August 5, 2010, ATF published in the Federal Register a notice 
of proposed rulemaking (NPRM) soliciting comments from the public on 
the Department's proposal to amend the regulations to eliminate the 
Firearms Transaction Record, Form 4473 (Low Volume (LV)), Parts I and 
II (Notice No. 30P, 75 FR 47254). The NPRM noted that firearms 
licensees rarely use Form 4473 (LV), and that the costs of updating and 
printing Form 4473 (LV) were not an efficient use of ATF's resources.
    The NPRM also noted that if the proposed rule was adopted, 
licensees would be required to use the standard ATF Form 4473 for all 
dispositions and maintain a record of the acquisition and disposition 
of firearms in accordance with the provisions of Sec.  478.125. The 
comment period for the NPRM closed on November 3, 2010.

III. Analysis of Comments and Decision

    Seven comments were received in response to the Department's 
proposal to eliminate Form 4473 (LV). Of those, three offered either 
general or specific support for the Department's proposal. One of the 
commenters stated that all nonessential paperwork and recordkeeping 
should be eliminated. One commenter stated that the Form 4473 (LV) was 
confusing and ``borderline obsolete'' without offering any further 
explanation. One commenter stated that having multiple systems of 
recording acquisitions and dispositions unnecessarily complicated the 
recordkeeping process, and that requiring all licensees to use a single 
system of records (the standard Form 4473 and bound book) would reduce 
confusion and improve recordkeeping accuracy. This commenter went on to 
state that a single recordkeeping system would make enforcement of 
firearms regulations simpler. All three commenters concurred with the 
proposed elimination of Form 4473 (LV).
    Four commenters objected to the Department's proposal. One of the 
objecting commenters stated that Form 4473 (LV) was useful. The 
remaining three commenters misunderstood the proposed amendment and 
assumed that the Department was proposing to eliminate the Firearms 
Transaction Record entirely. As stated in the NPRM, the Department was 
only proposing to eliminate Form 4473 (LV). The standard Form 4473, 
Firearms Transaction Record, was not proposed for elimination. With 
respect to the objecting commenter who found Form 4473 (LV) useful, the 
Department notes that the proposed elimination of that form was not 
based upon a determination that it served no purpose. Rather, because 
it was used so infrequently ATF concluded that the

[[Page 45092]]

costs of maintaining the form outweighed the benefits it conferred.
    Accordingly, this final rule adopts without change the proposed 
amendment eliminating Form 4473 (LV). Upon the effective date of this 
final rule, licensees will be required to use the standard Form 4473 
for all dispositions and maintain a record of the acquisition and 
disposition of firearms in accordance with the regulations in 27 CFR 
Part 478. These recordkeeping requirements apply to the disposition of 
firearms to all nonlicensed persons.

How This Document Complies With the Federal Administrative Requirements 
for Rulemaking

A. Executive Order 12866 and Executive Order 13563

    This rule has been drafted and reviewed in accordance with 
Executive Order 12866, ``Regulatory Planning and Review,'' section 
1(b), The Principles of Regulation, and Executive Order 13563, 
``Improving Regulation and Regulatory Review.'' The Department of 
Justice has determined that this rule is a ``significant regulatory 
action'' under Executive Order 12866, section 3(f), and accordingly 
this rule has been reviewed by the Office of Management and Budget. 
However, this rule will not have an annual effect on the economy of 
$100 million or more, nor will it adversely affect in a material way 
the economy, a sector of the economy, productivity, competition, jobs, 
the environment, public health or safety, or State, local, or tribal 
governments or communities.
    Because ATF Form 4473 (LV), Parts I and II, have rarely been used 
by federal firearms licensees, the rule will have a negligible effect 
on the economy.

B. Executive Order 13132

    The rule will not have substantial direct effects on the States, on 
the relationship between the Federal Government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government. Therefore, in accordance with section 6 of Executive 
Order 13132, the Attorney General has determined that the rule will not 
have sufficient federalism implications to warrant the preparation of a 
federalism summary impact statement.

C. Executive Order 12988

    The rule meets the applicable standards set forth in sections 3(a) 
and 3(b)(2) of Executive Order 12988, Civil Justice Reform.

D. Regulatory Flexibility Act

    The Regulatory Flexibility Act, 5 U.S.C. 601 et seq., requires an 
agency to conduct a regulatory flexibility analysis of any rule subject 
to notice and comment rulemaking requirements unless the agency 
certifies that the rule will not have a significant economic impact on 
a substantial number of small entities. See 5 U.S.C. 605(b). Small 
entities include small businesses, small not-for-profit enterprises, 
and small governmental jurisdictions. The Attorney General, in 
accordance with the Regulatory Flexibility Act, 5 U.S.C. 605(b), has 
reviewed this rule and, by approving it, certifies that this rule will 
not have a significant economic impact on a substantial number of small 
entities, including small businesses, small not-for-profit enterprises, 
and small governmental jurisdictions.
    Because ATF Form 4473 (LV), Parts I and II, have rarely been used 
by federal firearms licensees, the rule will have a negligible effect 
on small businesses.

E. Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 251 of the 
Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 
804. This rule will not result in an annual effect on the economy of 
$100 million or more; a major increase in costs or prices; or 
significant adverse effects on competition, employment, investment, 
productivity, innovation, or on the ability of United States-based 
enterprises to compete with foreign-based enterprises in domestic and 
export markets.

F. Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local, and 
tribal governments, in the aggregate, or by the private sector of $100 
million or more in any one year, and it will not significantly or 
uniquely affect small governments. Therefore, no actions were deemed 
necessary under the provisions of the Unfunded Mandates Reform Act of 
1995.

G. Paperwork Reduction Act

    This rule does not impose any new reporting or recordkeeping 
requirements under the Paperwork Reduction Act.

Disclosure

    Copies of the notice of proposed rulemaking, all comments received 
in response to the NPRM, and this final rule will be available for 
public inspection by appointment during normal business hours at: ATF 
Reading Room, Room 1E-062, 99 New York Avenue NE., Washington, DC 
20226; telephone: (202) 648-8740.

Drafting Information

    The author of this document is Denise Brown, Enforcement Programs 
and Services, Bureau of Alcohol, Tobacco, Firearms, and Explosives.

List of Subjects in 27 CFR Part 478

    Administrative practice and procedure, Arms and ammunition, 
Authority delegations, Customs duties and inspection, Domestic 
violence, Exports, Imports, Law enforcement personnel, Military 
personnel, Nonimmigrant aliens, Penalties, Reporting and recordkeeping 
requirements, Research, Seizures and forfeitures, and Transportation.

Authority and Issuance

    Accordingly, for the reasons discussed in the preamble, 27 CFR Part 
478 is amended as follows:

PART 478--COMMERCE IN FIREARMS AND AMMUNITION

0
1. The authority citation for 27 CFR Part 478 continues to read as 
follows:

    Authority: 5 U.S.C. 552(a); 18 U.S.C. 847, 921-931; 44 U.S.C. 
3504(h).

Sec.  478.124a  [Removed]

0
2. Section 478.124a is removed.
0
3. Section 478.125 is amended by revising the first sentence in 
paragraph (e) to read as follows:


Sec.  478.125  Record of receipt and disposition.

* * * * *
    (e) Firearms receipt and disposition by dealers. Each licensed 
dealer shall enter into a record each receipt and disposition of 
firearms. * * *
* * * * *

    Dated: July 29, 2014.
Eric H. Holder, Jr.,
Attorney General.
[FR Doc. 2014-18392 Filed 8-1-14; 8:45 am]
BILLING CODE 4410-FY-P