Notice2025-20339
Agency Information Collection Activities; Proposed eCollection eComments Requested; Revision of a Previously Approved Collection; NFA Responsible Person Questionnaire, ATF Form 5320.23
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 20, 2025
Issuing agencies
Justice Department
Abstract
The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995.
Full Text
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<title>Federal Register, Volume 90 Issue 222 (Thursday, November 20, 2025)</title>
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[Federal Register Volume 90, Number 222 (Thursday, November 20, 2025)]
[Notices]
[Pages 52439-52441]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-20339]
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DEPARTMENT OF JUSTICE
[OMB 1140-0107]
Agency Information Collection Activities; Proposed eCollection
eComments Requested; Revision of a Previously Approved Collection; NFA
Responsible Person Questionnaire, ATF Form 5320.23
AGENCY: Bureau of Alcohol, Tobacco, Firearms, and Explosives,
Department of Justice.
ACTION: 30-Day notice.
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SUMMARY: The Department of Justice (DOJ), Bureau of Alcohol, Tobacco,
Firearms, and Explosives (ATF), will be submitting the following
information collection request 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 for 30 days, until midnight on December 22,
2025.
ADDRESSES: Submit written comments and recommendations for this
information collection to the following website: <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find this particular information collection by
selecting ``Currently under 30-day Review--Open for Public Comments''
or by using the search function and entering either the title of the
information collection or the OMB control number: 1140-0107.
FOR FURTHER INFORMATION CONTACT: If you have questions, or need a copy
of the proposed information collection instrument with instructions or
additional information, please contact: Meghan Tisserand, Division
Staff, National Firearms Act Division, either by mail at National
Firearms Act Division; Division Staff Office; 244 Needy Road;
Martinsburg, WV 25405, by email at <a href="/cdn-cgi/l/email-protection#6e030b09060f00401a071d1d0b1c0f000a2e0f1a0840090118"><span class="__cf_email__" data-cfemail="92fff7f5faf3fcbce6fbe1e1f7e0f3fcf6d2f3e6f4bcf5fde4">[email protected]</span></a>, or by
telephone at 304-616-3219.
SUPPLEMENTARY INFORMATION: The proposed information collection was
previously published in the Federal Register, 90 FR 39425, on Friday,
August 15, 2025, allowing a 60-day comment period. 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.
You may view this information collection request at
<a href="http://www.reginfo.gov">www.reginfo.gov</a>. Follow the instructions to view Department of Justice
information collections currently under review by OMB and look for
1140-0107.
DOJ seeks PRA authorization for this information collection for
three years. OMB authorization for an ICR cannot be for more than three
years without renewal. DOJ notes that information collection
requirements submitted to OMB for existing ICRs receive a month-to-
month extension while they undergo review.
Overview of This Information Collection
1. Type of information collection: Revision of a previously
approved collection.
2. Title of the form/collection: NFA Responsible Person
Questionnaire.
3. The agency form number, if any, and the applicable component of
the Department sponsoring the collection: Form number: ATF Form
5320.23.
Component: Bureau of Alcohol, Tobacco, Firearms, and Explosives;
U.S. Department of Justice.
4. Affected public who will be asked or required to respond, as
well as the obligation to respond: Affected Public: State, local and
tribal governments, private sector for- or not-for-profit institutions,
federal government.
Abstract: When a trust or other legal entity (including
corporations, married couples jointly registering a firearm, etc) must
submit ATF Form 5320.1 (``Form 1''), Application to Make and Register
NFA Firearm, as the maker, or is identified as the transferee on ATF
Form 5320.4 (``Form 4''), Application to Transfer and Register NFA
Firearm (Tax-Paid), or ATF Form 5320.5 (``Form 5''), Application to
Transfer and Register NFA Firearm (Tax-Exempt), they are not able to
submit individualy identifying information for purposes of a background
check. As a result, ATF Form 5320.23 is required for any responsible
person (as defined in 27 CFR 479.11) who is part of such trust or other
legal entity. Forms 1, 4, and 5 are required under the National
Firearms Act (NFA).
5. Obligation to respond: required to obtain/retain a benefit,
comply with law.
6. Total estimated number of respondents: 749,242 respondents.
7. Estimated time per respondent: 12 minutes.
8. Frequency: once annually.
9. Total estimated annual time burden: 149,848 total hours.
10. Total estimated annual other costs burden: 0.
Revisions to This Information Collection
Information Collection (IC) OMB 1140-0107 is being revised to
reflect an increase in the number of applicant responsible persons per
year, rising from 115,829 applicants during the last renewal to
749,242, an increase of 633,413 responsible persons. However, there has
been a decrease in the time burden due to changes in technology
allowing electronic forms, reducing the number of respondents who must
provide fingerprints and reducing the number of copies, allowing
electronic fingerprints on-site, reducing respondents who must provide
photographs, and substituting photocopied identification cards instead,
all submitted electronically. As a result, there has been a
corresponding decrease in the burden hours per respondent, from .5
hours to .2 hours each. These combined changes have resulted in
resulting in an increase in total annual burden hours from 57,915 to
149,848 (an increase of 91,933 hours).
In addition, the Department is making the following changes to Form
5320.23 in anticipation of upcoming regulatory changes, and to make the
form easier to read, correct minor errors, and adjust for updated
technology:
<bullet> revising the title to be shorter
<bullet> removing the photo box on the form and revising the
instructions to reflect anticipated regulatory change to who must
submit fingerprints or photographs and to shift from a
[[Page 52440]]
passport-style photo to a copy of a photo identification card
<bullet> combining race/ethnicity items
<bullet> allowing additional types of electronic/digital signatures
<bullet> adding references to eForms
<bullet> adding instructions for married couples jointly making,
transferring, and registering a firearm, as an `other legal entity'
<bullet> correcting typographical/grammar items
<bullet> removing specific firearm information other than the type of
firearm
Public Comments
ATF received three public comments on this ICR during the 60-day
comment period, one from a licensed dealer in NFA firearms, and two
from industry trade organizations, one of which represents retailers in
the farm store industry, which includes federally licensed firearms
dealers, and the other of which represents the firearms industry and
recreational shooting and hunting. ATF appreciates the feedback from
these commenters on the proposed changes. It is helpful to receive
feedback, positive or negative, from persons impacted by our processes
so we can make them more user-friendly and efficient.
Comment Summaries
Topic 1
One commenter approved of ATF's proposed change to remove the Chief
Law Enforcement Officer (CLEO) notification requirement and the
corresponding extra copy in ATF Forms 5320.4 for that purpose. The
commenter then suggested that the next step would be to retire ATF Form
5320.23 (``Form 23''), which is the responsible person (``RP'')
questionnaire that accompanies some Forms 4, along with some ATF Forms
5320.1 (``Form 1'') and 5320.5 (``Form 5''). To clarify, Forms 1, 4,
and 5 are application forms to make, transfer, and register NFA
firearms for individual persons or companies, government organizations,
and other legal entities. When an individual completes these forms,
they enter the necessary personal identity information so that NICS can
complete the required background check. However, when a legal entity
completes these forms, it cannot provide the personal identity
information for all of that entity's responsible persons on the same
form, which is designed for one person's information (and which already
has the entity's information in some of those fields). So, ATF uses
Form 23 for responsible persons to submit their personal identity
information along with the primary form. Each responsible person
completes their own Form 23.
The commenter stated that Form 23 duplicates the data that is
entered on Forms 1, 4, or 5, raises mismatch risk, and leads to
unnecessary RFCs and disapprovals. The commenter also pointed out that,
on the eForms version of these forms, the transferee eligibility
questions are presented for individual submissions. They stated that
moving, and thus capturing, these same questions at the RP module for
individual and trust/entity filings would create a single, uniform
workflow across individual and trust submissions, thereby reducing
duplication and errors. They also added that doing this would make the
non-eForm version of Form 23 unnecessary for persons who submit an
eForm version of Form 1, 4, or 5. Using ATF's burden information in the
notice for this ICR, the commenter estimated that eliminating Form 23
for eForm filings of Forms 1, 4, and 5 would save the public
approximately 144,000 hours/year and roughly $3.3 million in respondent
time (at $23/hour), while also saving ATF processing time.
ATF response
ATF agrees with the commenter that using an eForm instead of having
to complete a paper form would save time and reduce hassles for
respondents. Because of the significant programming cost and time
necessary to migrate a form to the eForms platform and ensure it is
fully integrated with other systems that process and account for the
forms, it isn't possible to do all the forms at the same time. So ATF
is working through forms in a queue, as budget permits, and expects the
Form 23 to be added to eForms soon. In the interim, as part of this ICR
renewal, ATF is making the Form 23 into an electronically fillable and
digitally signable form. This will save respondents substantial time
and inconvenience until the Form 23 is in the eForms system.
We note, however, that the information being requested of each RP--
even though it is the same personal identity information and
qualification questions that are asked of individual persons--does not
duplicate the information that would be included on a Form 1, 4, or 5
in such cases. If there is a need for a Form 23, that means there is a
trust, company, or other legal entity completing the Form 1, 4, or 5,
and therefore entering entity information into the required fields.
Entities, however, can't enter personal identity information, and an RP
can't enter their personal information into the same fields with entity
information in them. Likewise, if there is more than one RP for the
applying entity, each RP can't enter their personal information into
the same fields with other RP information in them. So each RP must
complete those fields by submitting a separate form (a Form 23), even
though it requests the same information for each RP as the Form 1, 4,
or 5 requests for individual persons (when individuals apply, they do
not also do a Form 23).
Topic 2
All three commenters expressed support for the changes ATF is
making to streamline and revise Form 23. One industry trade
organization stated that they strongly encourage and support these
efforts, and specifically cited eForms and electronic signature,
correcting typographical/grammar items, removing specific firearm
information other than the type of firearm, and adding instructions for
married couples to jointly make, transfer, and register NFA firearms.
The other industry trade group stated the proposed changes reflect a
clear commitment to modernizing regulatory processes while
strengthening both public safety and operational efficiency. They
specifically stated they appreciate the form's clearer design and
improved instructions, including the streamlined title and simplified
formatting, removing the photo box and allowing ID cards in place of
passport photos, consolidating race/ethnicity fields, and updating
instructions for trusts, corporations, and married couples acting as
joint applicants or transferees. They also stated the move to
electronic filing, signatures, and fingerprints will significantly cut
administrative burdens, streamline submissions, and reduce delays,
allowing FFLs more time to focus on business and compliance needs.
ATF response
In response to the first commenter's suggestion that ATF should
make all efforts to modernize these NFA forms, and the other two
commenters' emphasis on how the current revisions are a strong step in
that direction, we think the following information will be helpful. The
proposed changes to these forms reflect larger corresponding changes
the agency is proposing to its NFA regulations and across other NFA
forms, as well. These changes have been developing for some time and
are projected to take effect during the next year. In addition to
allowing electronic signatures, ATF is also making its NFA forms
electronically fillable as the ICRs come up for renewal, and expects to
move to solely electronic forms in 2026. In addition, NFA is continuing
to build
[[Page 52441]]
the rest of its forms into its eForms platform, so applicants can
complete and submit the forms online.
If you need additional information, contact: Darwin Arceo,
Department Clearance Officer, Enterprise Portfolio Management; Justice
Management Division; United States Department of Justice; Two
Constitution Square; 145 N Street NE, 4W-218, Washington, DC 20530.
Dated: November 17, 2025.
Darwin Arceo,
Department Clearance Officer for PRA, U.S. Department of Justice.
[FR Doc. 2025-20339 Filed 11-19-25; 8:45 am]
BILLING CODE 4410-FY-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.