Residency Requirements for Aliens Acquiring Firearms (2011R-23P), 33630-33634 [2012-13770]

Download as PDF 33630 Federal Register / Vol. 77, No. 110 / Thursday, June 7, 2012 / Rules and Regulations § 478.120 Firearms or ammunition imported by or for a nonimmigrant alien. (a) General. A nonimmigrant alien temporarily importing or bringing firearms or ammunition into the United States for lawful hunting or sporting purposes must first obtain an approved ATF Form 6NIA (5330.3D). (b) Aliens admitted to the United States under a nonimmigrant visa. (1) Any alien lawfully admitted to the United States under a nonimmigrant visa who completes an ATF Form 6NIA to import firearms or ammunition into the United States, or any licensee who completes an ATF Form 6 to import firearms or ammunition for such nonimmigrant alien, must attach applicable documentation to the Form 6NIA or Form 6 establishing the nonimmigrant alien falls within an exception specified in 18 U.S.C. 922(y)(2) (e.g., a hunting license or permit lawfully issued in the United States) or has obtained a waiver as specified in 18 U.S.C. 922(y)(3). (2) Aliens admitted to the United States under a nonimmigrant visa importing or bringing firearms or ammunition into the United States must provide the United States Customs and Border Protection with applicable documentation (e.g., a hunting license or permit lawfully issued in the United States) establishing the nonimmigrant alien falls within an exception specified in 18 U.S.C. 922(y)(2) or has obtained a waiver as specified in 18 U.S.C. 922(y)(3) before the firearm or ammunition may be imported. This provision applies in all cases, whether or not a Form 6 is needed to bring the firearms or ammunition into the United States. (Approved by the Office of Management and Budget under control number 1140– 0060) 8. Section 478.124 is amended by revising paragraph (c)(3)(iii) to read as follows: ■ § 478.124 Firearms transaction record. wreier-aviles on DSK5TPTVN1PROD with RULES * * * * * (c) * * * (3) * * * (iii) Must, in the case of a transferee who is an alien admitted to the United States under a nonimmigrant visa who states that he or she falls within an exception to, or has a waiver from, the prohibition in section 922(g)(5)(B) of the Act, have the transferee present applicable documentation establishing the exception or waiver, note on the Form 4473 the type of documentation provided, and attach a copy of the documentation to the Form 4473; and * * * * * VerDate Mar<15>2010 15:02 Jun 06, 2012 Jkt 226001 Dated: June 1, 2012. Eric H. Holder, Jr., Attorney General. [FR Doc. 2012–13762 Filed 6–6–12; 8:45 am] BILLING CODE 4410–FY–P DEPARTMENT OF JUSTICE Bureau of Alcohol, Tobacco, Firearms, and Explosives 27 CFR Part 478 [Docket No. ATF 22I; AG Order No. 3337– 2012] RIN 1140–AA44 Residency Requirements for Aliens Acquiring Firearms (2011R–23P) • http://www.regulations.gov. Federal eRulemaking portal; follow the instructions for submitting comments. You may also view an electronic version of this rule at the http:// www.regulations.gov site. See the Public Participation section at the end of the SUPPLEMENTARY INFORMATION section for instructions and requirements for submitting comments, and for information on how to request a public hearing. FOR FURTHER INFORMATION CONTACT: James P. Ficaretta, 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) 648–7094. SUPPLEMENTARY INFORMATION: AGENCY: I. Background The Department of Justice is amending the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) by removing the 90day State residency requirement for aliens lawfully present in the United States to purchase or acquire a firearm. The Department has determined that the Gun Control Act does not permit ATF to impose a regulatory requirement that aliens lawfully present in the United States are subject to a 90-day State residency requirement when such a requirement is not applicable to U.S. citizens. In addition, upon the effective date of this interim final rule the provisions of ATF Ruling 2004–1 will become obsolete. DATES: Effective date: This interim rule is effective on July 9, 2012. Comment date: Written comments must be postmarked and electronic comments must be submitted on or before September 5, 2012. Commenters should be aware that the electronic Federal Docket Management System will not accept comments after Midnight Eastern Time on the last day of the comment period. ADDRESSES: Send comments to any of the following addresses— • James P. Ficaretta, Program Manager, Mailstop 6N–602, Bureau of Alcohol, Tobacco, Firearms, and Explosives, 99 New York Avenue NE., Washington, DC 20226; ATTN: ATF 22I. Written comments must appear in minimum 12 point font size (.17 inches), include your mailing address, be signed, and may be of any length. • 202–648–9741 (facsimile). Section 922(b)(3) of the Gun Control Act of 1968 (GCA), 18 U.S.C. 922(b)(3), makes it unlawful for a Federal firearms licensee (FFL) to sell or deliver any firearm to any nonlicensee who the licensee knows or has reasonable cause to believe does not reside in the State in which the licensee’s place of business is located. Exceptions are provided for over-the-counter transfers of a rifle or shotgun to out-of-State residents if the transfers fully comply with the State laws of the buyer and seller, and for loans and rentals of a firearm for temporary use for lawful sporting purposes. Regulations that implement section 922(b)(3) are contained in 27 CFR 478.99(a). The term ‘‘State of residence’’ is defined in 27 CFR 478.11 as ‘‘[t]he State in which an individual resides. An individual resides in a State if he or she is present in a State with the intention of making a home in that State.’’ In addition, for aliens, the definition also provides that ‘‘[a]n alien who is legally in the United States shall be considered to be a resident of a State only if the alien is residing in the State and has resided in the State for a period of at least 90 days prior to the date of sale or delivery of a firearm.’’ This 90-day length of residency requirement does not apply to U.S. citizens. Prior to making a transfer of a firearm to a nonlicensed individual who is a resident of the State in which the licensee’s business premises are located, the regulations at § 478.124(c) require the licensee to obtain from the transferee (buyer) a completed ATF Form 4473, Firearms Transaction Record, that shows certain information, including whether the transferee is a citizen of the United States, and an affirmative statement as to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Department of Justice. ACTION: Interim final rule with request for comments. SUMMARY: PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 wreier-aviles on DSK5TPTVN1PROD with RULES Federal Register / Vol. 77, No. 110 / Thursday, June 7, 2012 / Rules and Regulations transferee’s State of residence. In addition, before transferring to such a nonlicensee a firearm, the licensee must obtain from the transferee documentation establishing that the transferee is a resident of the State in which the licensee’s business premises are located. That is, each transferee must present proof of residence in the State, in the form of a governmentissued identification document (for example, a driver’s license or Stateissued identification card) containing the person’s name, residence address, date of birth, and photograph. In the case of a transferee who is an alien legally in the United States and who is otherwise not prohibited from possessing a firearm, the licensee must additionally obtain from the transferee documentation establishing that the transferee has continuously resided in the State for 90 days. The licensee must also note on the form the documentation used to establish this 90-day period of residency. Examples of acceptable documentation include utility bills or a lease agreement showing that the purchaser has resided in the State continuously for at least 90 days prior to the transfer of the firearm. Section 478.124(d), relating to the exception for over-the-counter transfers of a shotgun or rifle to out-of-State residents if the transfers fully comply with the State laws of the buyer and seller, requires purchasers to present to the licensee documentation establishing that the transferee is a resident of any State. In the case of a nonlicensee who is an alien lawfully in the United States, the licensee must additionally obtain from the transferee documentation that the transferee has resided in such State continuously for at least 90 days prior to the transfer of the firearm. Again, examples of acceptable documentation include utility bills or a lease agreement showing that the purchaser has resided in the State continuously for at least 90 days prior to the transfer of the firearm. Section 478.125(f)(2), relating to firearms receipt and disposition by licensed collectors, provides that the licensee must, in the case of a transferee who is an alien legally in the United States (and who is not a licensee), verify the identity of the transferee by examining a valid identification document and obtain from the transferee documentation establishing that the transferee is a resident of the State in which the licensee’s business premises are located if the firearm is other than a shotgun or rifle. If the firearm is a shotgun or rifle, the licensee must obtain from the transferee documentation establishing that the transferee is a resident of any State and VerDate Mar<15>2010 15:02 Jun 06, 2012 Jkt 226001 has resided in such State continuously for at least 90 days prior to the transfer of the firearm. II. ATF Ruling 2004–1 ATF has received questions from aliens concerning the State of residence requirement. Several aliens have asked why they were prohibited from purchasing a firearm from a Federal firearms licensee, contending that they had lived in the State where the licensee was licensed for more than 90 days. In response to those concerns, ATF issued a ruling clarifying that an FFL may not lawfully transfer a firearm to a nonimmigrant alien unless he or she has resided in a State continuously for at least 90 days immediately prior to the FFL conducting a National Instant Criminal Background Check System (NICS) check (ATF Rul. 2004–1, dated March 22, 2004). In addition, the ruling held that if a NICS check demonstrates a nonimmigrant alien has left the United States during the 90 days immediately preceding the NICS check, the nonimmigrant alien does not satisfy the 90-day State of residency requirement. This is the case even if the nonimmigrant alien has provided other documentation, such as utility bills or a lease agreement, to demonstrate 90 days of residency immediately preceding the NICS check. Although ATF Rul. 2004– 1 specifically addresses transfers of firearms to nonimmigrant aliens, the residency requirement applies to all aliens. III. Department Determination During the review process for a related rulemaking proceeding, Department of Justice officials raised legal concerns regarding the 90-day residency requirement for aliens lawfully in the United States who wish to purchase a firearm from an FFL. The Department concluded that, as a matter of law, the definition of ‘‘State of residence’’ in § 478.11, which differentiates between U.S. citizens and aliens, is not a permissible interpretation of section 922(b)(3) of the GCA insofar as it applies a 90-day residency requirement to lawfully present aliens only. See Clark v. Martinez, 543 U.S. 371, 378 (2005) (holding that a single, undifferentiated statutory term cannot be given varying meanings with respect to different categories of persons to which the statutory provision applies). The Department determined that, as a matter of law, nothing in the text of section 922(b)(3) indicates that Congress intended the phrase ‘‘State of residence’’ to have different meanings for different categories of people. Section 922(b)(3) PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 33631 includes the term ‘reside in’ without any further differentiation or specification. The statute might support a range of meanings for the phrase ‘reside in,’ but it does not support an interpretation that gives the phrase different meanings when applied to lawfully present aliens and U.S. citizens. The Department’s determination is based on advice received from its Office of Legal Counsel (OLC) (See memorandum of January 30, 2012, at http://www.justice.gov/olc/2012/ ATF90dayruleFINAL1-30-12.pdf). IV. Interim Final Rule Based on the Department’s legal determination that the State of residence requirement imposed by section 922(b)(3) cannot have two different constructions—one that applies to U.S. citizens and another that applies to lawfully present aliens—the Department is publishing this interim final rule to make the necessary changes to existing regulations. This rule amends the regulations in 27 CFR part 478 by removing the 90-day residency requirement in the definition of ‘‘State of residence’’ in § 478.11. The rule also removes the unique proof of residency requirements in §§ 478.124 and 478.125 for aliens purchasing a firearm. Therefore, upon the effective date of this interim final rule, an alien lawfully present in the United States acquiring a firearm will be subject to the same residency and proof of residency requirements that apply to U.S. citizens. In addition, upon the effective date of this interim final rule, ATF Ruling 2004–1 (approved March 22, 2004) will become obsolete. 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 with 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 (OMB). However, this rule will not have an annual effect on the economy of $100 million, nor will it adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the E:\FR\FM\07JNR1.SGM 07JNR1 wreier-aviles on DSK5TPTVN1PROD with RULES 33632 Federal Register / Vol. 77, No. 110 / Thursday, June 7, 2012 / Rules and Regulations environment, public health, or safety, or State, local or tribal governments or communities. Accordingly, this rule is not an economically significant rulemaking action as defined by Executive Order 12866. The interim final rule removes restrictions and lessens burdens on various parties. It removes the 90-day residency requirement applicable only to aliens legally in the United States and not to citizens, as well as the requirement that aliens, but not citizens, purchasing a firearm provide proof of 90 days continuous residency through substantiating documentation (e.g., utility bills or a lease agreement). Upon the rule’s effective date, lawfully present aliens and U.S. citizens will be subject to the same residency and proof of residency requirements. This will reduce the time burden on both nonlicensees (i.e., aliens lawfully present in the United States) and licensees from completing the paperwork requirements associated with transferring firearms. As explained below, ATF estimates that this rule will reduce such burdens by approximately 2,457 hours (1,867 hours for nonlicensees + 590 hours for licensees). The burden placed on all nonlicensees acquiring firearms, including alien purchasers, involves the time it takes to indicate their State of residence on ATF Form 4473. In calendar year 2010, ATF estimates that Form 4473 was completed 14,409,616 times and that it took four seconds for a firearms purchaser to provide his or her State of residence on the form. As such, ATF estimates the total time for firearms purchasers to indicate their State of residence on the form to be approximately 16,010 hours. In the case of an alien purchaser who is legally in the United States, the purchaser must provide the licensee with proof of residency through the use of documentation showing that the individual has resided in the State continuously for at least 90 days prior to the transfer of the firearm. ATF estimates that in calendar year 2010, approximately 23,582 aliens purchased firearms. ATF estimates the burden on alien purchasers to comply with this requirement was approximately 4.75 minutes with an annual burden of approximately 1,867 hours (23, 582 × 4.75 minutes = 1,867 hours). The interim final rule eliminates this burden. As indicated, the interim final rule also reduces the economic burden on licensees as it relates to Form 4473. According to ATF’s National Licensing Center, there are approximately 60,844 Federal firearms licensees engaged in VerDate Mar<15>2010 15:02 Jun 06, 2012 Jkt 226001 the business of selling firearms. Before transferring a firearm to an alien legally in the United States, the licensee must obtain from the transferee documentation establishing that the transferee has been a resident of the State in which the licensee’s business premises are located for at least 90 days and note on the Form 4473 the documentation used for that purpose. ATF estimates the burden placed on a licensee to comply with this requirement to be approximately 1.50 minutes per alien purchaser, with an annual burden of approximately 590 hours (23,582 × 1.50 minutes = 590 hours). The interim final rule removes this burden. B. Executive Order 13132 This regulation 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 this regulation does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement. C. Executive Order 12988 This regulation meets the applicable standards set forth in sections 3(a) and 3(b)(2) of Executive Order 12988. D. Administrative Procedure Act (APA) This interim final rule is being published with a process for postpromulgation submission of public comments. Pursuant to section 553(b)(3)(B) of the Administrative Procedure Act, 5 U.S.C. 553(b)(3)(B), the APA’s general requirement to allow for public notice and comment prior to the promulgation of a rule does not apply when an agency finds, for ‘‘good cause,’’ that such prior notice and comment procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ The Department of Justice has concluded as a matter of law that the State of residence requirement in the Gun Control Act cannot have two different constructions, one that applies to U.S. citizens and another that applies to lawfully present aliens, because the statutory text applies the requirement, without distinction, to a covered sale or delivery of a firearm to ‘‘any person.’’ This conclusion is compelled by Supreme Court decisions holding that a single undifferentiated statutory term must be given a single interpretation across all of its potential applications. See, e.g., Clark v. Martinez, 543 U.S. PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 371, 378 (2005); United States v. Santos, 533 U.S. 507 (2008). Section 27 CFR 478.11 does not currently conform with that legal conclusion, because it requires lawfully present aliens to meet an extra requirement in order to demonstrate residency. As a result, there is a discrepancy between the current regulatory definition and the Department’s interpretation of the statute on which that definition is based. For as long as that discrepancy persists, a departmental regulation will bar some lawfully present aliens from purchasing firearms on the basis of a requirement the Department has concluded is not consistent with applicable law. Because ATF must, as a matter of law, rectify that discrepancy, pre-publication public comment is unnecessary, and good cause therefore exists for issuing this rule without employing the usual notice and comment procedures of the APA. Additionally, the Attorney General finds that delaying this regulatory action would be contrary to the public interest. The Department, however, welcomes public comment on this interim final rule after the rule is published. E. Regulatory Flexibility Act The provisions of the Regulatory Flexibility Act relating to an initial and final regulatory flexibility analysis are not applicable to this rule because the agency was not required to publish a general notice of proposed rulemaking under 5 U.S.C. 553 or any other law. F. 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 foreignbased enterprises in domestic and export markets. G. 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, Public Law 104–4. E:\FR\FM\07JNR1.SGM 07JNR1 Federal Register / Vol. 77, No. 110 / Thursday, June 7, 2012 / Rules and Regulations H. Paperwork Reduction Act The regulations that are being amended in this interim final rule revise collections of information covered by the Paperwork Reduction Act of 1995, Public Law 104–13, 44 U.S.C. ch. 35, and its implementing regulations, 5 CFR part 1320. The collections of information at §§ 478.124 and 478.125 were approved by OMB under control numbers 1140–0020 and 1140–0021 (§ 478.124), and 1140–0032 (§ 478.125). ATF requested emergency clearance from OMB of revisions to control number 1140–0020 (Form 4473) to conform with these regulatory changes, and OMB approved those revisions on April 13, 2012, for a period of 180 days. On October 4, 2011, at ATF’s request, the approval on the collection of information under 1140–0021 was discontinued. 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 OMB. Public Participation wreier-aviles on DSK5TPTVN1PROD with RULES A. Comments Sought ATF is requesting comments on the interim final rule from all interested persons. ATF is also specifically requesting comments on the clarity of this interim final rule and how it may be made easier to understand. All comments must reference this document docket number (ATF 22I), be legible, and include your name and mailing address. ATF will treat all comments as originals and will not acknowledge receipt of comments. 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. B. Confidentiality Comments, whether submitted electronically or on paper, will be made available for public viewing at ATF, and on the Internet as part of the eRulemaking initiative, and are subject to the Freedom of Information Act. Commenters who do not want their name or other personal identifying information posted on the Internet should submit their comment by mail or facsimile, along with a separate cover sheet that contains their personal identifying information. Both the cover sheet and comment must reference this docket number. Information contained in the cover sheet will not be posted on VerDate Mar<15>2010 15:02 Jun 06, 2012 Jkt 226001 the Internet. Any personal identifying information that appears within the comment will be posted on the Internet and will not be redacted by ATF. Any material that the commenter considers to be inappropriate for disclosure to the public should not be included in the comment. Any person submitting a comment shall specifically designate that portion (if any) of his comments that contains material that is confidential under law (e.g., trade secrets, processes, etc.). Any portion of a comment that is confidential under law shall be set forth on pages separate from the balance of the comment and shall be prominently marked ‘‘confidential’’ at the top of each page. Confidential information will be included in the rulemaking record but will not be disclosed to the public. Any comments containing material that is not confidential under law may be disclosed to the public. In any event, the name of the person submitting a comment is not exempt from disclosure. C. Submitting Comments Comments may be submitted in any of three ways: • Mail: Send written comments to the address listed in the ADDRESSES section of this document. Written comments must appear in minimum 12 point font size (.17 inches), include your mailing address, be signed, and may be of any length. • Facsimile: You may submit comments by facsimile transmission to (202) 648–9741. Faxed comments must: (1) Be legible and appear in minimum 12 point font size (.17 inches); (2) Be on 81⁄2″ x 11″ paper; (3) Contain a legible, written signature; and (4) Be no more than five pages long. ATF will not accept faxed comments that exceed five pages. • Federal eRulemaking Portal: To submit comments to ATF via the federal eRulemaking portal, visit http:// www.regulations.gov and follow the instructions for submitting comments. D. Request for Hearing 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 of ATF 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. Disclosure Copies of this interim rule and the comments received will be available for public inspection by appointment PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 33633 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 James P. Ficaretta, 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 stated in the preamble, 27 CFR part 478 is amended as follows: PART 478—COMMERCE IN FIREARMS AND AMMUNITION 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). 2. Section 478.11 is amended by revising the definition of ‘‘State of residence’’ to read as follows: ■ § 478.11 Meaning of terms. * * * * * State of residence. The State in which an individual resides. An individual resides in a State if he or she is present in a State with the intention of making a home in that State. If an individual is on active duty as a member of the Armed Forces, the individual’s State of residence is the State in which his or her permanent duty station is located, as stated in 18 U.S.C. 921(b). The following are examples that illustrate this definition: Example 1. A maintains a home in State X. A travels to State Y on a hunting, fishing, business, or other type of trip. A does not become a resident of State Y by reason of such trip. Example 2. A maintains a home in State X and a home in State Y. A resides in State X except for weekends or the summer months of the year and in State Y for the weekends or the summer months of the year. During the time that A actually resides in State X, A is a resident of State X, and during the time that A actually resides in State Y, A is a resident of State Y. Example 3. A, an alien, travels to the United States on a three-week vacation to State X. A does not have a state of residence E:\FR\FM\07JNR1.SGM 07JNR1 33634 Federal Register / Vol. 77, No. 110 / Thursday, June 7, 2012 / Rules and Regulations in State X because A does not have the intention of making a home in State X while on vacation. This is true regardless of the length of the vacation. Example 4. A, an alien, travels to the United States to work for three years in State X. A rents a home in State X, moves his personal possessions into the home, and his family resides with him in the home. A intends to reside in State X during the 3-year period of his employment. A is a resident of State X. * * * * * 3. Section 478.124 is amended as follows: ■ a. By removing and reserving paragraph (c)(3)(ii). ■ b. In paragraph (d), by removing the proviso after the colon and by removing the colon and adding in its place a period. ■ c. In paragraph (e), by removing the words ‘‘, except for the provisions of paragraph (c)(3)(ii)’’ at the end of the paragraph. ■ d. In paragraph (f), by removing the words ‘‘, and in the case of a transferee who is an alien legally in the United States, the transferee has resided in that State continuously for at least 90 days ■ prior to the transfer of the firearm’’ in the third sentence. 4. Section 478.125(f) is revised to read as follows: ■ § 478.125 Record of receipt and disposition. * * * * * (f) Firearms receipt and disposition by licensed collectors. (1) Each licensed collector shall enter into a record each receipt and disposition of firearms curios or relics. The record required by this paragraph shall be maintained in bound form under the format prescribed below. The purchase or other acquisition of a curio or relic shall, except as provided in paragraph (g) of this section, be recorded not later than the close of the next business day following the date of such purchase or other acquisition. The record shall show the date of receipt, the name and address or the name and license number of the person from whom received, the name of the manufacturer and importer (if any), the model, serial number, type, and the caliber or gauge of the firearm curio or relic. The sale or other disposition of a curio or relic shall be recorded by the licensed collector not later than 7 days following the date of such transaction. When such disposition is made to a licensee, the commercial record of the transaction shall be retained, until the transaction is recorded, separate from other commercial documents maintained by the licensee, and be readily available for inspection. The record shall show the date of the sale or other disposition of each firearm curio or relic, the name and address of the person to whom the firearm curio or relic is transferred, or the name and license number of the person to whom transferred if such person is a licensee, and the date of birth of the transferee if other than a licensee. In addition, the licensee shall cause the transferee, if other than a licensee, to be identified in any manner customarily used in commercial transactions (e.g., a driver’s license), and note on the record the method used. (2) The format required for the record of receipt and disposition of firearms by collectors is as follows: FIREARMS COLLECTORS ACQUISITION AND DISPOSITION RECORD Description of firearm Manufacturer and/or importer * * * Model * Receipt Serial No. Type * Dated: June 1, 2012. Eric H. Holder, Jr., Attorney General. [FR Doc. 2012–13770 Filed 6–6–12; 8:45 am] BILLING CODE 4410–FY–P DEPARTMENT OF THE TREASURY Fiscal Service 31 CFR Part 344 [Department of the Treasury Circular, Public Debt Series No. 3–72] wreier-aviles on DSK5TPTVN1PROD with RULES U.S. Treasury Securities—State and Local Government Series Bureau of the Public Debt, Fiscal Service, Treasury. ACTION: Final rule. AGENCY: The Department of the Treasury (Treasury) is issuing this final rule to revise the regulations governing State and Local Government Series (SLGS) securities. SLGS securities are SUMMARY: VerDate Mar<15>2010 15:02 Jun 06, 2012 Jkt 226001 Caliber or gauge Date Disposition Name and address or name and license No. Date non-marketable Treasury securities that are only available for purchase by issuers of tax-exempt securities. Current financial market conditions have resulted in extraordinarily low yields in the secondary market for some marketable Treasury securities. As a result, rates applicable to nonmarketable State and Local Government Series (SLGS) securities sold to issuers of tax-exempt securities could be negative. To prevent this, Treasury is instituting a floor on the daily SLGS rate, by amending the definition of ‘‘SLGS rate’’ and the definition of the ‘‘annualized effective Demand Deposit rate’’ for Demand Deposit SLGS securities. Additionally, Treasury is revising the definition of ‘‘Y’’ in the annualized effective Demand Deposit rate calculation formula to clarify the calculation method to be used during a year that contains a leap day. DATES: This final rule is effective June 7, 2012. ADDRESSES: You can download this Final Rule at the following Internet addresses: http:// PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 Name and address or name and license No. Date of birth if non-licensee Driver’s license No. or other identification if nonlicensee www.publicdebt.treas.gov, http:// www.gpo.gov, or http:// www.regulations.gov. It is also available for public inspection and copying at the Treasury Department Library, Main Treasury Building, 1500 Pennsylvania Avenue NW., Washington, DC 20220. To visit the library, call (202) 622–0990 for an appointment. FOR FURTHER INFORMATION CONTACT: Debra Hines, Assistant Commissioner, Office of the Assistant Commissioner for Public Debt Accounting, Bureau of the Public Debt, at (304) 480–5101 or opdasib@bpd.treas.gov, Edward Gronseth, Deputy Chief Counsel, Elizabeth Spears, Senior Attorney, or Brian Metz, Attorney-Adviser, Office of the Chief Counsel, Bureau of the Public Debt at (304) 480–8692. SUPPLEMENTARY INFORMATION: The SLGS program assists state and local government issuers and other entities in complying with the yield restriction and rebate requirements applicable to taxexempt bonds under the Internal Revenue Code. The SLGS rate on Time Deposit SLGS securities is derived from E:\FR\FM\07JNR1.SGM 07JNR1

Agencies

[Federal Register Volume 77, Number 110 (Thursday, June 7, 2012)]
[Rules and Regulations]
[Pages 33630-33634]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-13770]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Bureau of Alcohol, Tobacco, Firearms, and Explosives

27 CFR Part 478

[Docket No. ATF 22I; AG Order No. 3337-2012]
RIN 1140-AA44


Residency Requirements for Aliens Acquiring Firearms (2011R-23P)

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

ACTION: Interim final rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: The Department of Justice is amending the regulations of the 
Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) by removing 
the 90-day State residency requirement for aliens lawfully present in 
the United States to purchase or acquire a firearm. The Department has 
determined that the Gun Control Act does not permit ATF to impose a 
regulatory requirement that aliens lawfully present in the United 
States are subject to a 90-day State residency requirement when such a 
requirement is not applicable to U.S. citizens. In addition, upon the 
effective date of this interim final rule the provisions of ATF Ruling 
2004-1 will become obsolete.

DATES: Effective date: This interim rule is effective on July 9, 2012.
    Comment date: Written comments must be postmarked and electronic 
comments must be submitted on or before September 5, 2012. Commenters 
should be aware that the electronic Federal Docket Management System 
will not accept comments after Midnight Eastern Time on the last day of 
the comment period.

ADDRESSES: Send comments to any of the following addresses--
     James P. Ficaretta, Program Manager, Mailstop 6N-602, 
Bureau of Alcohol, Tobacco, Firearms, and Explosives, 99 New York 
Avenue NE., Washington, DC 20226; ATTN: ATF 22I. Written comments must 
appear in minimum 12 point font size (.17 inches), include your mailing 
address, be signed, and may be of any length.
     202-648-9741 (facsimile).
     http://www.regulations.gov. Federal eRulemaking portal; 
follow the instructions for submitting comments.
    You may also view an electronic version of this rule at the http://www.regulations.gov site.
    See the Public Participation section at the end of the 
SUPPLEMENTARY INFORMATION section for instructions and requirements for 
submitting comments, and for information on how to request a public 
hearing.

FOR FURTHER INFORMATION CONTACT: James P. Ficaretta, 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) 648-7094.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 922(b)(3) of the Gun Control Act of 1968 (GCA), 18 U.S.C. 
922(b)(3), makes it unlawful for a Federal firearms licensee (FFL) to 
sell or deliver any firearm to any nonlicensee who the licensee knows 
or has reasonable cause to believe does not reside in the State in 
which the licensee's place of business is located. Exceptions are 
provided for over-the-counter transfers of a rifle or shotgun to out-
of-State residents if the transfers fully comply with the State laws of 
the buyer and seller, and for loans and rentals of a firearm for 
temporary use for lawful sporting purposes. Regulations that implement 
section 922(b)(3) are contained in 27 CFR 478.99(a).
    The term ``State of residence'' is defined in 27 CFR 478.11 as 
``[t]he State in which an individual resides. An individual resides in 
a State if he or she is present in a State with the intention of making 
a home in that State.'' In addition, for aliens, the definition also 
provides that ``[a]n alien who is legally in the United States shall be 
considered to be a resident of a State only if the alien is residing in 
the State and has resided in the State for a period of at least 90 days 
prior to the date of sale or delivery of a firearm.'' This 90-day 
length of residency requirement does not apply to U.S. citizens.
    Prior to making a transfer of a firearm to a nonlicensed individual 
who is a resident of the State in which the licensee's business 
premises are located, the regulations at Sec.  478.124(c) require the 
licensee to obtain from the transferee (buyer) a completed ATF Form 
4473, Firearms Transaction Record, that shows certain information, 
including whether the transferee is a citizen of the United States, and 
an affirmative statement as to the

[[Page 33631]]

transferee's State of residence. In addition, before transferring to 
such a nonlicensee a firearm, the licensee must obtain from the 
transferee documentation establishing that the transferee is a resident 
of the State in which the licensee's business premises are located. 
That is, each transferee must present proof of residence in the State, 
in the form of a government-issued identification document (for 
example, a driver's license or State-issued identification card) 
containing the person's name, residence address, date of birth, and 
photograph. In the case of a transferee who is an alien legally in the 
United States and who is otherwise not prohibited from possessing a 
firearm, the licensee must additionally obtain from the transferee 
documentation establishing that the transferee has continuously resided 
in the State for 90 days. The licensee must also note on the form the 
documentation used to establish this 90-day period of residency. 
Examples of acceptable documentation include utility bills or a lease 
agreement showing that the purchaser has resided in the State 
continuously for at least 90 days prior to the transfer of the firearm.
    Section 478.124(d), relating to the exception for over-the-counter 
transfers of a shotgun or rifle to out-of-State residents if the 
transfers fully comply with the State laws of the buyer and seller, 
requires purchasers to present to the licensee documentation 
establishing that the transferee is a resident of any State. In the 
case of a nonlicensee who is an alien lawfully in the United States, 
the licensee must additionally obtain from the transferee documentation 
that the transferee has resided in such State continuously for at least 
90 days prior to the transfer of the firearm. Again, examples of 
acceptable documentation include utility bills or a lease agreement 
showing that the purchaser has resided in the State continuously for at 
least 90 days prior to the transfer of the firearm.
    Section 478.125(f)(2), relating to firearms receipt and disposition 
by licensed collectors, provides that the licensee must, in the case of 
a transferee who is an alien legally in the United States (and who is 
not a licensee), verify the identity of the transferee by examining a 
valid identification document and obtain from the transferee 
documentation establishing that the transferee is a resident of the 
State in which the licensee's business premises are located if the 
firearm is other than a shotgun or rifle. If the firearm is a shotgun 
or rifle, the licensee must obtain from the transferee documentation 
establishing that the transferee is a resident of any State and has 
resided in such State continuously for at least 90 days prior to the 
transfer of the firearm.

II. ATF Ruling 2004-1

    ATF has received questions from aliens concerning the State of 
residence requirement. Several aliens have asked why they were 
prohibited from purchasing a firearm from a Federal firearms licensee, 
contending that they had lived in the State where the licensee was 
licensed for more than 90 days. In response to those concerns, ATF 
issued a ruling clarifying that an FFL may not lawfully transfer a 
firearm to a nonimmigrant alien unless he or she has resided in a State 
continuously for at least 90 days immediately prior to the FFL 
conducting a National Instant Criminal Background Check System (NICS) 
check (ATF Rul. 2004-1, dated March 22, 2004). In addition, the ruling 
held that if a NICS check demonstrates a nonimmigrant alien has left 
the United States during the 90 days immediately preceding the NICS 
check, the nonimmigrant alien does not satisfy the 90-day State of 
residency requirement. This is the case even if the nonimmigrant alien 
has provided other documentation, such as utility bills or a lease 
agreement, to demonstrate 90 days of residency immediately preceding 
the NICS check. Although ATF Rul. 2004-1 specifically addresses 
transfers of firearms to nonimmigrant aliens, the residency requirement 
applies to all aliens.

III. Department Determination

    During the review process for a related rulemaking proceeding, 
Department of Justice officials raised legal concerns regarding the 90-
day residency requirement for aliens lawfully in the United States who 
wish to purchase a firearm from an FFL. The Department concluded that, 
as a matter of law, the definition of ``State of residence'' in Sec.  
478.11, which differentiates between U.S. citizens and aliens, is not a 
permissible interpretation of section 922(b)(3) of the GCA insofar as 
it applies a 90-day residency requirement to lawfully present aliens 
only. See Clark v. Martinez, 543 U.S. 371, 378 (2005) (holding that a 
single, undifferentiated statutory term cannot be given varying 
meanings with respect to different categories of persons to which the 
statutory provision applies). The Department determined that, as a 
matter of law, nothing in the text of section 922(b)(3) indicates that 
Congress intended the phrase ``State of residence'' to have different 
meanings for different categories of people. Section 922(b)(3) includes 
the term `reside in' without any further differentiation or 
specification. The statute might support a range of meanings for the 
phrase `reside in,' but it does not support an interpretation that 
gives the phrase different meanings when applied to lawfully present 
aliens and U.S. citizens.
    The Department's determination is based on advice received from its 
Office of Legal Counsel (OLC) (See memorandum of January 30, 2012, at 
http://www.justice.gov/olc/2012/ATF90dayruleFINAL1-30-12.pdf).

IV. Interim Final Rule

    Based on the Department's legal determination that the State of 
residence requirement imposed by section 922(b)(3) cannot have two 
different constructions--one that applies to U.S. citizens and another 
that applies to lawfully present aliens--the Department is publishing 
this interim final rule to make the necessary changes to existing 
regulations. This rule amends the regulations in 27 CFR part 478 by 
removing the 90-day residency requirement in the definition of ``State 
of residence'' in Sec.  478.11. The rule also removes the unique proof 
of residency requirements in Sec. Sec.  478.124 and 478.125 for aliens 
purchasing a firearm. Therefore, upon the effective date of this 
interim final rule, an alien lawfully present in the United States 
acquiring a firearm will be subject to the same residency and proof of 
residency requirements that apply to U.S. citizens.
    In addition, upon the effective date of this interim final rule, 
ATF Ruling 2004-1 (approved March 22, 2004) will become obsolete.

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 with 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 
(OMB). However, this rule will not have an annual effect on the economy 
of $100 million, nor will it adversely affect in a material way the 
economy, a sector of the economy, productivity, competition, jobs, the

[[Page 33632]]

environment, public health, or safety, or State, local or tribal 
governments or communities. Accordingly, this rule is not an 
economically significant rulemaking action as defined by Executive 
Order 12866.
    The interim final rule removes restrictions and lessens burdens on 
various parties. It removes the 90-day residency requirement applicable 
only to aliens legally in the United States and not to citizens, as 
well as the requirement that aliens, but not citizens, purchasing a 
firearm provide proof of 90 days continuous residency through 
substantiating documentation (e.g., utility bills or a lease 
agreement). Upon the rule's effective date, lawfully present aliens and 
U.S. citizens will be subject to the same residency and proof of 
residency requirements. This will reduce the time burden on both 
nonlicensees (i.e., aliens lawfully present in the United States) and 
licensees from completing the paperwork requirements associated with 
transferring firearms. As explained below, ATF estimates that this rule 
will reduce such burdens by approximately 2,457 hours (1,867 hours for 
nonlicensees + 590 hours for licensees).
    The burden placed on all nonlicensees acquiring firearms, including 
alien purchasers, involves the time it takes to indicate their State of 
residence on ATF Form 4473. In calendar year 2010, ATF estimates that 
Form 4473 was completed 14,409,616 times and that it took four seconds 
for a firearms purchaser to provide his or her State of residence on 
the form. As such, ATF estimates the total time for firearms purchasers 
to indicate their State of residence on the form to be approximately 
16,010 hours. In the case of an alien purchaser who is legally in the 
United States, the purchaser must provide the licensee with proof of 
residency through the use of documentation showing that the individual 
has resided in the State continuously for at least 90 days prior to the 
transfer of the firearm. ATF estimates that in calendar year 2010, 
approximately 23,582 aliens purchased firearms. ATF estimates the 
burden on alien purchasers to comply with this requirement was 
approximately 4.75 minutes with an annual burden of approximately 1,867 
hours (23, 582 x 4.75 minutes = 1,867 hours). The interim final rule 
eliminates this burden.
    As indicated, the interim final rule also reduces the economic 
burden on licensees as it relates to Form 4473. According to ATF's 
National Licensing Center, there are approximately 60,844 Federal 
firearms licensees engaged in the business of selling firearms. Before 
transferring a firearm to an alien legally in the United States, the 
licensee must obtain from the transferee documentation establishing 
that the transferee has been a resident of the State in which the 
licensee's business premises are located for at least 90 days and note 
on the Form 4473 the documentation used for that purpose. ATF estimates 
the burden placed on a licensee to comply with this requirement to be 
approximately 1.50 minutes per alien purchaser, with an annual burden 
of approximately 590 hours (23,582 x 1.50 minutes = 590 hours). The 
interim final rule removes this burden.

B. Executive Order 13132

    This regulation 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 this 
regulation does not have sufficient federalism implications to warrant 
the preparation of a federalism summary impact statement.

C. Executive Order 12988

    This regulation meets the applicable standards set forth in 
sections 3(a) and 3(b)(2) of Executive Order 12988.

D. Administrative Procedure Act (APA)

    This interim final rule is being published with a process for post-
promulgation submission of public comments. Pursuant to section 
553(b)(3)(B) of the Administrative Procedure Act, 5 U.S.C. 
553(b)(3)(B), the APA's general requirement to allow for public notice 
and comment prior to the promulgation of a rule does not apply when an 
agency finds, for ``good cause,'' that such prior notice and comment 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' The Department of Justice has concluded as a matter of law 
that the State of residence requirement in the Gun Control Act cannot 
have two different constructions, one that applies to U.S. citizens and 
another that applies to lawfully present aliens, because the statutory 
text applies the requirement, without distinction, to a covered sale or 
delivery of a firearm to ``any person.'' This conclusion is compelled 
by Supreme Court decisions holding that a single undifferentiated 
statutory term must be given a single interpretation across all of its 
potential applications. See, e.g., Clark v. Martinez, 543 U.S. 371, 378 
(2005); United States v. Santos, 533 U.S. 507 (2008). Section 27 CFR 
478.11 does not currently conform with that legal conclusion, because 
it requires lawfully present aliens to meet an extra requirement in 
order to demonstrate residency. As a result, there is a discrepancy 
between the current regulatory definition and the Department's 
interpretation of the statute on which that definition is based. For as 
long as that discrepancy persists, a departmental regulation will bar 
some lawfully present aliens from purchasing firearms on the basis of a 
requirement the Department has concluded is not consistent with 
applicable law. Because ATF must, as a matter of law, rectify that 
discrepancy, pre-publication public comment is unnecessary, and good 
cause therefore exists for issuing this rule without employing the 
usual notice and comment procedures of the APA. Additionally, the 
Attorney General finds that delaying this regulatory action would be 
contrary to the public interest. The Department, however, welcomes 
public comment on this interim final rule after the rule is published.

E. Regulatory Flexibility Act

    The provisions of the Regulatory Flexibility Act relating to an 
initial and final regulatory flexibility analysis are not applicable to 
this rule because the agency was not required to publish a general 
notice of proposed rulemaking under 5 U.S.C. 553 or any other law.

F. 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.

G. 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, Public Law 104-4.

[[Page 33633]]

H. Paperwork Reduction Act

    The regulations that are being amended in this interim final rule 
revise collections of information covered by the Paperwork Reduction 
Act of 1995, Public Law 104-13, 44 U.S.C. ch. 35, and its implementing 
regulations, 5 CFR part 1320. The collections of information at 
Sec. Sec.  478.124 and 478.125 were approved by OMB under control 
numbers 1140-0020 and 1140-0021 (Sec.  478.124), and 1140-0032 (Sec.  
478.125). ATF requested emergency clearance from OMB of revisions to 
control number 1140-0020 (Form 4473) to conform with these regulatory 
changes, and OMB approved those revisions on April 13, 2012, for a 
period of 180 days. On October 4, 2011, at ATF's request, the approval 
on the collection of information under 1140-0021 was discontinued.
    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 OMB.

Public Participation

A. Comments Sought

    ATF is requesting comments on the interim final rule from all 
interested persons. ATF is also specifically requesting comments on the 
clarity of this interim final rule and how it may be made easier to 
understand.
    All comments must reference this document docket number (ATF 22I), 
be legible, and include your name and mailing address. ATF will treat 
all comments as originals and will not acknowledge receipt of comments.
    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.

B. Confidentiality

    Comments, whether submitted electronically or on paper, will be 
made available for public viewing at ATF, and on the Internet as part 
of the eRulemaking initiative, and are subject to the Freedom of 
Information Act. Commenters who do not want their name or other 
personal identifying information posted on the Internet should submit 
their comment by mail or facsimile, along with a separate cover sheet 
that contains their personal identifying information. Both the cover 
sheet and comment must reference this docket number. Information 
contained in the cover sheet will not be posted on the Internet. Any 
personal identifying information that appears within the comment will 
be posted on the Internet and will not be redacted by ATF.
    Any material that the commenter considers to be inappropriate for 
disclosure to the public should not be included in the comment. Any 
person submitting a comment shall specifically designate that portion 
(if any) of his comments that contains material that is confidential 
under law (e.g., trade secrets, processes, etc.). Any portion of a 
comment that is confidential under law shall be set forth on pages 
separate from the balance of the comment and shall be prominently 
marked ``confidential'' at the top of each page. Confidential 
information will be included in the rulemaking record but will not be 
disclosed to the public. Any comments containing material that is not 
confidential under law may be disclosed to the public. In any event, 
the name of the person submitting a comment is not exempt from 
disclosure.

C. Submitting Comments

    Comments may be submitted in any of three ways:
     Mail: Send written comments to the address listed in the 
ADDRESSES section of this document. Written comments must appear in 
minimum 12 point font size (.17 inches), include your mailing address, 
be signed, and may be of any length.
     Facsimile: You may submit comments by facsimile 
transmission to (202) 648-9741. Faxed comments must:
    (1) Be legible and appear in minimum 12 point font size (.17 
inches);
    (2) Be on 8\1/2\'' x 11'' paper;
    (3) Contain a legible, written signature; and
    (4) Be no more than five pages long. ATF will not accept faxed 
comments that exceed five pages.
     Federal eRulemaking Portal: To submit comments to ATF via 
the federal eRulemaking portal, visit http://www.regulations.gov and 
follow the instructions for submitting comments.

D. Request for Hearing

    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 of ATF 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.

Disclosure

    Copies of this interim rule and the comments received 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 James P. Ficaretta, 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 stated 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).


0
2. Section 478.11 is amended by revising the definition of ``State of 
residence'' to read as follows:


Sec.  478.11  Meaning of terms.

* * * * *
    State of residence. The State in which an individual resides. An 
individual resides in a State if he or she is present in a State with 
the intention of making a home in that State. If an individual is on 
active duty as a member of the Armed Forces, the individual's State of 
residence is the State in which his or her permanent duty station is 
located, as stated in 18 U.S.C. 921(b). The following are examples that 
illustrate this definition:

    Example 1. A maintains a home in State X. A travels to State Y 
on a hunting, fishing, business, or other type of trip. A does not 
become a resident of State Y by reason of such trip.
    Example 2. A maintains a home in State X and a home in State Y. 
A resides in State X except for weekends or the summer months of the 
year and in State Y for the weekends or the summer months of the 
year. During the time that A actually resides in State X, A is a 
resident of State X, and during the time that A actually resides in 
State Y, A is a resident of State Y.
    Example 3. A, an alien, travels to the United States on a three-
week vacation to State X. A does not have a state of residence

[[Page 33634]]

in State X because A does not have the intention of making a home in 
State X while on vacation. This is true regardless of the length of 
the vacation.
    Example 4. A, an alien, travels to the United States to work for 
three years in State X. A rents a home in State X, moves his 
personal possessions into the home, and his family resides with him 
in the home. A intends to reside in State X during the 3-year period 
of his employment. A is a resident of State X.
* * * * *

0
3. Section 478.124 is amended as follows:
0
a. By removing and reserving paragraph (c)(3)(ii).
0
b. In paragraph (d), by removing the proviso after the colon and by 
removing the colon and adding in its place a period.
0
c. In paragraph (e), by removing the words ``, except for the 
provisions of paragraph (c)(3)(ii)'' at the end of the paragraph.
0
d. In paragraph (f), by removing the words ``, and in the case of a 
transferee who is an alien legally in the United States, the transferee 
has resided in that State continuously for at least 90 days prior to 
the transfer of the firearm'' in the third sentence.


0
4. Section 478.125(f) is revised to read as follows:


Sec.  478.125  Record of receipt and disposition.

* * * * *
    (f) Firearms receipt and disposition by licensed collectors. (1) 
Each licensed collector shall enter into a record each receipt and 
disposition of firearms curios or relics. The record required by this 
paragraph shall be maintained in bound form under the format prescribed 
below. The purchase or other acquisition of a curio or relic shall, 
except as provided in paragraph (g) of this section, be recorded not 
later than the close of the next business day following the date of 
such purchase or other acquisition. The record shall show the date of 
receipt, the name and address or the name and license number of the 
person from whom received, the name of the manufacturer and importer 
(if any), the model, serial number, type, and the caliber or gauge of 
the firearm curio or relic. The sale or other disposition of a curio or 
relic shall be recorded by the licensed collector not later than 7 days 
following the date of such transaction. When such disposition is made 
to a licensee, the commercial record of the transaction shall be 
retained, until the transaction is recorded, separate from other 
commercial documents maintained by the licensee, and be readily 
available for inspection. The record shall show the date of the sale or 
other disposition of each firearm curio or relic, the name and address 
of the person to whom the firearm curio or relic is transferred, or the 
name and license number of the person to whom transferred if such 
person is a licensee, and the date of birth of the transferee if other 
than a licensee. In addition, the licensee shall cause the transferee, 
if other than a licensee, to be identified in any manner customarily 
used in commercial transactions (e.g., a driver's license), and note on 
the record the method used.
    (2) The format required for the record of receipt and disposition 
of firearms by collectors is as follows:

                                                                     Firearms Collectors Acquisition and Disposition Record
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                          Description of firearm                                                     Receipt                                  Disposition
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                                                     Driver's
                                                                                                                          Name and                   Name and                     license No. or
                                                                             Serial               Caliber                address or                 address or     Date of birth       other
                 Manufacturer and/or importer                     Model       No.        Type     or gauge     Date       name and        Date       name and         if non-     identification
                                                                                                                         license No.                license No.      licensee         if non-
                                                                                                                                                                                     licensee
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
 
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

    Dated: June 1, 2012.
Eric H. Holder, Jr.,
Attorney General.
[FR Doc. 2012-13770 Filed 6-6-12; 8:45 am]
BILLING CODE 4410-FY-P