OMB 1140-0046 Justification - Supporting Statement for Firearm Purchase by Law Enforcement Officers

Sep 16, 2026

Uploaded by McGucket

The Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) submits an OMB supporting statement for information collection OMB 1140-0046. It explains how the Gun Control Act, as amended by Public Law 104-208, restricts firearms and ammunition for persons convicted of misdemeanor crimes of domestic violence, including law enforcement officers. The request justifies use of a supervisor certification letter under 27 CFR 478.134, requirements for agency letterhead and record checks, estimated annual responses and burden, and the absence of electronic collection, public comments, and respondent payment.

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A. Justification

Legal basis and scope of restrictions

Supervisor certification letter procedure under 27 CFR 478.134

Information collection method and limitations

Department of Justice Bureau of Alcohol, Tobacco, Firearms and Explosives Information Collection Request Supporting Statement OMB 1140-0046 Certification on Agency Letterhead Authorizing Purchase of Firearm for Official Duties of Law Enforcement Officer A. Justification 1. Public Law 104-208, Omnibus Consolidated Appropriations Act of 1997 (OCA), amended the Gun Control Act (GCA) of 1968, making it unlawful for individuals who have been convicted of a “misdemeanor crime of domestic violence,” to ship, transport, receive or possess firearms and ammunition. It also prohibits sales or other dispositions of firearms and ammunition to such individuals. Prior to the passage of the OCA, Federal and State agencies and political subdivisions thereof, were exempt from the provisions of the GCA. The OCA, however, did not extend this GCA exemption to persons prohibited as a result of a conviction for misdemeanor crimes of domestic violence. This prohibition applies to all persons, including law enforcement officers. No Federal or State employees are exempt. 2. Prior to the change to the GCA, which was discussed in item 1 above, law enforcement officers could purchase a firearm for official duties, from a dealer licensed under the GCA, without submitting information normally required of other persons. To complete such a purchase, however, the law enforcement officer was required to provide the dealer with a letter from his/her superior officer, stating that the firearm would be used for his /her official duties. Due to recent GCA updates, law enforcement officers purchasing firearms for use in official duties, must now supply information certifying that he/she has not been convicted of a crime of domestic violence. To address this change, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) added a new section to its regulations (Section 478.134), which provides that a law enforcement officer may use a supervisor certification letter to purchase official duty firearms, subject to the following requirements: The letter must be printed on agency letterhead, signed by a person in authority with the agency (other than the officer purchasing the firearm), state that the firearm is to be used in official duties, and certify that a records check reveals that the purchasing officer has no conviction for a misdemeanor crime of domestic violence. With this letter, the law enforcement officer will take possession of the firearm from the licensee and will not fill out or sign any forms. The disposition will be documented in the licensee’s records and the certification letter will be retained in the licensee’s files for five years. 3. This information collection (IC) does not involve the use of any automated, electronic, mechanical, or other technological collection techniques. This is due to the fact that the certification letter is written by an individual who has sufficient authority to certify that a law enforcement officer is purchasing firearm(s) that will be used during the performance of official duties. The letter must be submitted at the time the law enforcement officer purchases the firearm. The letter template for this IC cannot be made electronic because as Federal firearm licensees (FFLs) are not permitted under the regulation to accept electronic copies of this form, nor are law enforcement agencies authorized to transmit the form to FFLs by electronic means. 4. ATF uses a uniform subject classification system for various types of ATF documents. This system is used to identify duplication and to ensure that any similar information cannot be used or modified for use for the purpose of this information collection. 5. This collection does not impact small business or other small entities. 6. The consequences of not conducting this information collection would result in public harm. Law enforcement officers who have been convicted of a misdemeanor crime of domestic violence could obtain firearms from licens

FAQs

What legal change requires additional certification for law enforcement firearm purchases?

Public Law 104-208 amended the Gun Control Act, removing exemptions and prohibiting firearm possession by persons convicted of misdemeanor crimes of domestic violence, including law enforcement officers. As a result, officers must now certify they have not been convicted of such a crime.

How does ATF allow officers to purchase firearms for official duties after the update?

ATF’s regulations permit a supervisor certification letter, printed on agency letterhead and signed by an authorized person other than the purchasing officer. The letter must state the firearm will be used for official duties and certify that a records check shows the officer has no qualifying conviction.

Does this information collection involve electronic or automated techniques?

No. The supporting statement explains that the certification letter must be submitted at purchase time and that federal firearm licensees cannot accept electronic copies, so the form cannot be made electronic.

Sep 16, 2026

Uploaded by McGucket