Notice2026-01858
Agency Information Collection Activities; Proposed eCollection eComments Requested; Title-Application To Transport Interstate or To Temporarily Export Certain NFA Firearms-ATF Form 5320.20
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
January 30, 2026
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 91 Issue 20 (Friday, January 30, 2026)</title>
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[Federal Register Volume 91, Number 20 (Friday, January 30, 2026)]
[Notices]
[Pages 4111-4112]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-01858]
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DEPARTMENT OF JUSTICE
[OMB Number 1140-0010]
Agency Information Collection Activities; Proposed eCollection
eComments Requested; Title--Application To Transport Interstate or To
Temporarily Export Certain NFA Firearms--ATF Form 5320.20
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 March 2, 2026.
ADDRESSES: Submit written comments and recommendations for this
information collection to the following website: <a href="http://www.reginfo.gov/public/do/">www.reginfo.gov/public/do/</a>PRAMain. 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: 1140-0010.
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, 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#82cfe7e5eae3ecacf6ebf1f1e7f0e3ece6c2e3f6e4ace5edf4"><span class="__cf_email__" data-cfemail="f9b49c9e919897d78d908a8a9c8b98979db9988d9fd79e968f">[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 54761, on Friday,
November 28, 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 the identified functions of the Bureau, including
whether the information will have practical utility;
--Evaluate the accuracy of the agency's estimate of the proposed
information
[[Page 4112]]
collection's burden, including the validity of the methodology and
assumptions used;
--Evaluate whether, and if so how, the agency can enhance the quality,
utility, and clarity of the information being collected; and
--Minimize the information collection's burden on those who are to
respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting responses to be
submitted electronically.
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
1140-0010.
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: Revising a previously approved
collection.
2. Title of the form/collection: Application to Transport
Interstate or to Temporarily Export Certain NFA Firearms.
3. Agency form number, if any, and the applicable component of the
Department of Justice sponsoring the collection: ATF Form 5320.20.
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 a brief abstract: Affected public: federal government; state,
local, and tribal governments; individuals or households; private
sector for-profit institutions.
Abstract: Persons who wish to transport certain NFA firearms
(machine guns, short-barreled rifles, short-barreled shotguns, or
destructive devices) out of the state in which they registered the
firearm, for certain temporary or permanent domestic purposes or for
temporary export, must submit Form 20 to ATF before they may transport
the items. 18 U.S.C. 922(a)(4), 27 CFR 478.28.
5. Obligation to respond: voluntary and required to obtain or
retain benefits.
6. Total estimated number of respondents: 12,878 respondents.
7. Estimated time per respondent: 0.167 hours.
8. Frequency: Once annually.
9. Total estimated annual time burden: 2,151 total hours.
10. Total estimated annual other costs burden: $0.
Revisions to This Information Collection
Information Collection (IC) OMB 1140-0010 is being revised to make
it electronically fillable, enabling it to be submitted by email. ATF
has also made the second copy automatically auto-fill. Additionally,
ATF will have included this form on its eForms platform online by the
time this ICR completes the renewal process, all of which results in
full electronic submission. Other edits to this form include changes to
make it easier to read along with a slight title revision to clarify
the types of transportation covered. There has also been a decrease in
respondents, resulting in a decrease in total annual burden hours, and
a consequential decrease in the monetized time value for this
information collection request (ICR).
Public Comments
ATF received 53 comments on this information collection. Four
commenters supported the proposed changes, noting that electronic
submission would reduce the public's time burden. The majority of the
remaining comments revolved around respondents' desire to abolish the
notification requirement entirely for all lawful owners. Additionally,
they stated that although a digital process ``is an improvement over
paper, the requirement to file Form 5320.20 violates the Second
Amendment and the right to travel.'' One respondent wrote that the AG
should acknowledge the unconstitutional nature of the current process
and ``order the ATF not to enforce the rule, pardon anyone who had been
convicted under these rules, and, in lieu of a court ruling, issue a
second document signed by the AG authorizing blanket approval for any
individual lawfully possessing an NFA item to cross state lines with it
`for all lawful purposes' with no expiration and no form required.''
Another comment focused on ways to reduce burden on both the public
and agency. The commenter suggested possibly ``limiting the ATF Form 20
submission and approval requirement only to scenarios involving the
permanent transport of an item across state lines or involving the
temporary export of the item outside of the United States.'' If the
agency determines that it ``cannot completely eliminate the Form 20
requirement for interstate transports,'' the commenter asked that ``ATF
consider the option of converting the ATF Form 20 submission in these
instances (and potentially others) to a notification-only process,
eliminating the requirement for owners to wait for approval prior to
transportation.''
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. In response to the four commenters who voiced
their support for offering a digital submission option, we believe the
following information will be helpful. In addition to allowing
electronic signatures, ATF is also making its NFA forms electronically
fillable as the ICRs come up for renewal, and it expects to move to
solely electronic forms over the next year. The proposed changes to
these forms reflect larger revisions the agency has been making to its
NFA processes and other NFA forms.
ATF is not aware of a court that has held that the approval process
under 18 U.S.C 922(a)(4) violates the Second Amendment and an
individual's right to travel with National Firearms Act firearms.
However, ATF is currently reviewing the approval process for NFA
firearm transport requests to propose ways to relieve potential
administrative burdens in that request process for an individual to
travel with a NFA firearm. Among ATF's considerations are options
similar to those suggested by the commenters.
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: January 28, 2026.
Darwin Arceo,
Department Clearance Officer for PRA, U.S. Department of Justice.
[FR Doc. 2026-01858 Filed 1-29-26; 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.