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

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