1110_0026_Supporting Statement A

Federal Firearms Licensee (FFL)Enrollment/NICS E-Check Enrollment Form

OMB Control Number 1110-0026

OMB Expiration Date: XX/XX/2028

SUPPORTING STATEMENT FOR

Federal Firearms Licensee (FFL) Enrollment/NICS E-Check Enrollment Form

1. JUSTIFICATION

1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information.

In November 1993, the Brady Handgun Violence Prevention Act (Brady Act), Public Law 103-159, requiring FFLs to request background checks on individuals attempting to purchase a firearm, was signed into law. The permanent provisions of the Brady Act, which went into effect on November 30, 1998, required the U.S. Attorney General (AG) to establish NICS that the FFLs may contact by telephone or other electronic means in addition to the telephone for information to be supplied within three business days on whether the receipt of a firearm by a prospective transferee would violate section Title 18, United States Code (U.S.C.), 922(g) or (n) or state law.

The FFLs serviced by the FBI can contact the NICS Section by using a toll-free number and providing the requisite information to a customer service representative who initiates the check on their behalf. Furthermore, Title 28, Code of Federal Regulations (CFR), Section 25, Subpart A (The NICS), allows for other electronic means of contact as alternatives in addition to the telephone. Therefore, the NICS Section provides the FFLs with an alternative electronic means, commonly referred to as “NICS E-Check” to initiate NICS background checks.

An enrollment form/process for a prospective FFL to enroll with NICS to initiate gun checks can be found on the NICS website: https://www.fbi.gov/services/cjis/nics/resources-for-federal-firearms-licensees.

This website provides instruction to enroll online via the NICS E-Check or by downloading a hard copy form.

These forms are necessary to register new FFLs with NICS so that the FFLs may be able to access NICS and NICS E-Check. For hard copy enrollment, the FFL will electronically send the Enrollment Form to the NICS Section along with the Acknowledgment Form signed by the FFL themselves, for completion of the enrollment process. For E-Check enrollment, the submission is entirely digital.

Enrollment is a one-time requirement for an FFL, unless the FFL transfers their operation to a new ownership. If that were to occur, a new enrollment would need completed and processed before the FFL would be able to conduct NICS background checks under the business’s new ownership.

The NICS Section requests to continue the assigned OMB number 1110-0026 on the three forms as they are distributed together and two must be signed (either in hard copy or digitally) to legally gain and maintain access to initiate NICS background checks.

2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection.

The information collected on the Enrollment Form is necessary for enrollment of the FFLs so the FFL may legally access NICS. Without enrollment as an authorized user, the FFL cannot access NICS. Congress required the U.S. AG to ensure the privacy and security of the system as they recognized the possibility of the system being used improperly; therefore, NICS must be able to verify an FFL is authorized to access NICS. For hard copy submissions, approved NICS Section employees will enter the FFL’s information from the enrollment form into NICS; this information is only viewable by NICS staff. For E-Check enrollments, the FFL provides information which is only viewable by NICS staff. Verification of the FFL’s information when conducting a NICS check will protect the integrity and security of NICS and protect the privacy and security of all information provided to NICS.

In addition, the Acknowledgment Form is a legal document which must be read and signed (in hard copy or digitally) by all FFLs and their employees serviced by the NICS Section as an acknowledgment of their rights, responsibilities, and obligations as authorized users of NICS. Under the authority of the Brady Act, 18, U.S.C., § 44, as implemented by 28, CFR, § 25, the FBI requires completion of the acknowledgment statement on the form by all FFLs as a condition of being granted NICS inquiry privileges. NICS has been established within the CJIS Division for the purpose of performing instant background checks on prospective firearm transferees. The primary purpose of this acknowledgment is to ensure FFLs accessing and using NICS understand and accept the obligations and responsibilities.

This acknowledgment will be used to identify and validate those FFLs who may be granted NICS inquiry privileges; to legally obligate the FFL to comply with these obligations and responsibilities; and as evidence of an FFL's knowledge and acceptance of these obligations and responsibilities whenever such matters may be in issue. Completion of this acknowledgment on the enrollment form by an FFL is voluntary, but an FFL who does not complete this acknowledgment will not be granted access to NICS. All Users violating 28, CFR, § 25, (A), shall be subject to a fine not to exceed $10,000 and subject to cancellation of NICS inquiry privilege for misuse or unauthorized access as outlined in 28, CFR, § 25, (A), Section 25.11. This form may be duplicated as required and completed copies of this form by the employees of the FFL must be retained by the FFL in their place of business for each employee accessing NICS. Only the FFL will return an electronically signed copy with his own signature to the NICS Section.

3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also, describe any consideration of using information technology to reduce burden.

Most FFL enrollments to NICS are completed online via NICS E-Check and are activated at the time of online completion.

However, the hard copy Enrollment Form, the Responsibilities Form, and the Acknowledgment Form are also available to the FFL by downloading a copy at: https://www.fbi.gov/services/cjis/nics/resources-for-federal-firearms-licensees. The FFLs electronically send the Enrollment Form and the Acknowledgment Form back to the

NICS Section as an original signature must be retained on file by the NICS Section.

Once the Acknowledgment Form is completed by the FFL’s employees, those completed

forms will remain with the FFL and kept on file at the FFL’s place of business to indicate that all employees have read and understood the responsibilities of being a NICS user.

4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item A.2 above.

Not identified.

5. If the collection of information impacts small businesses or other small entities, describe any methods used to minimize burden.

There is no significant impact on small business or other private entities.

6. Describe the consequence to federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.

Security will be adversely affected if system is not monitored.

7. Explain any special circumstances that would cause an information collection to be conducted in a manner:

• requiring respondents to report information to the agency more often than quarterly.

• requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it.

• requiring respondents to submit more than an original and two copies of any document.

• requiring respondents to retain records, other than health, medical, government contract, grant-in-aid, or tax records for more than three years.

• in connection with a statistical survey, that is not designed to produce valid and reliable results that can be generalized to the universe of study.

• requiring the use of statistical data classification that has not been reviewed and approved by OMB.

• that includes a pledge of confidentially that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or

• requiring respondents to submit proprietary trade secret, or other confidential information unless the agency can demonstrate that it has instituted procedures to protect the information's confidentially to the extent permitted by law.

There are no special circumstances.

8. If applicable, provide a copy and identify the date and page number of publications in the Federal Register of the agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken by the agency in response to these comments. Specifically address comments received on cost and hour burden.

Describe efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported.

Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every 3 years -- even if the collection-of-information activity is the same as in prior periods. There may be circumstances that may preclude consultation in a specific situation. These circumstances should be explained.

The 60-Day Notice was published in the Federal Register on 07/24/2025 (90 FR 34881). The comment period ended on 9/22/2025. No comments were received.

9. Explain any decision to provide any payments or gifts to respondents, other than remuneration of contractors or grantees.

No government funds will be used as payment or for gifts to respondents.

10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy.

Once FFL information collected, verification of identity is completed with each contact between NICS staff and the FFL.

11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.

None

12. Provide estimates of the hour burden of the collection of information. The statement should:

• Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. Unless directed to do so, agencies should not conduct special surveys to obtain information on which to base hour burden estimates. Consultation with a sample (fewer than 10) of potential respondents is desirable. If the hour burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the variance. General, estimates should not include burden hours for customary and usual business practices.

• If this request for approval covers more than one form, provide separate hour burden estimates for each form.

• Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories. The cost of contracting out or paying outside parties for information collection activities should not be included here. Instead, this cost should be included in Item 14.

Estimated Annualized Respondent Cost and Hour Burden

Activity	Number of Respondents	Frequency	Total Annual Responses	Time Per Response	Total Annual Burden (Hours)	Hourly Rate*	Monetized Value of Respondent Time
FFL/E-Check Enrollment form	6,160	1	6,160	15 min	1,540

13. Provide an estimate of the total annual cost burden to respondents or recordkeepers resulting from the collection of information. (Do not include the cost of any hour burden shown in Items 12 and 14).

• The cost estimate should be split into two components: (a) a total capital

and startup cost component (annualized over its expected useful life); and (b) a

total operation and maintenance and purchase of service component.

The estimates should consider costs associated with generating,

maintaining, and disclosing or providing the information. Include descriptions of

methods used to estimate major cost factors including system and technology acquisition, expected useful life of capital equipment, the discount rate(s), and the time over which costs will be incurred. Capital and start-up costs include, among other items, preparations for collecting information such as purchasing computers and software; monitoring, sampling, drilling and testing equipment; and record storage facilities.

• If cost estimates are expected to vary widely, agencies should present ranges of cost burdens and explain the reasons for the variance. The cost of purchasing or contracting out information collection services should be a part of this cost burden estimate. In developing cost burden estimates, agencies may consult with a sample of respondents (fewer than 10), utilize the 60-day pre-OMB submission public comment process and use existing economic or regulatory impact analysis associated with the rulemaking containing the information collection, as appropriate.

• Generally, estimates should not include purchases of equipment or services, or portions thereof, made: (1) prior to October 1, 1995, (2) to achieve regulatory compliance with requirements not associated with the information collection, (3) for reasons other than to provide information or keep records for the government, or (4) as part of customary and usual business or private practices.

There are/are no startup costs associated with this collection.

14. Provide estimates of the annualized cost to the Federal Government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), any other expense that would not have been incurred without this collection of information. Agencies also may aggregate cost estimates from Items 12, 13, and 14 into a single table.

With 6,160 enrollments per year, each requiring an estimated 15 minutes to complete, using an average pay rate of a grade 9, step 5 NICS examiner of $30.81 pr hour, the cost is $47,447.40 per year.

15. Explain the reasons for any program changes or adjustments.

Fields on this survey have been added to include collection of FFL date of birth and mother’s maiden name for security validation. FFL an also identify location as a point of contact state who will acknowledge system is for authorized purposes only.

16. For collections of information whose results will be published, outline plans for tabulations, and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.

Not applicable.

17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.

We are requesting no exemption.

18. Explain each exception to the certification statement.

This collection of information does not include any exceptions to the certificate statement.

B. COLLECTIONS OF INFORMATON EMPLOYING STATISTICAL METHODS.

This collection does/does not contain statistical data.

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