Theft/Loss in Transit
No. The National Tracing Center (NTC) will only record one incident of a lost or stolen firearm in the NTC lost/stolen gun database, even if multiple reports are filed.
Yes. The report must be filed by the transferor/sender federal firearms licensee (FFL) regardless of whether a transferee/receiver FFL and/or the carrier indicate that they have filed a theft/loss report with ATF.
This requirement applies because only the transferor/sender specifically knows how and when the particular firearms were shipped. The transferee/receiver or the carrier most often does not have all of the information necessary to file a complete theft/loss report. The reporting requirement also applies because the disposition records of the transferor/sender FFL must be corrected to reflect the theft or loss.
This rule applies to all firearms shipments from federal firearms licensees (FFLs), including shipments through the USPS.
Licensees who report the theft or loss of a firearm and later discover its whereabouts shall advise ATF at 1-888-930-9275 (nationwide toll-free number) that the firearm has been located, and shall re-enter the firearm in the Record of Acquisition and Disposition as an acquisition or disposition entry as appropriate.
The transferor/sender federal firearms licensee (FFL) should draw a single line through the incorrect disposition information in their acquisition and disposition (A&D) record. If there is room in the disposition block, the FFL should record the date of the theft or loss, the ATF incident number, and the local authority incident number. The licensee should then initial and date the changes.
Alternatively, if there is no room in the disposition block to legibly record the required information, the FFL should line-out the disposition information and initial and date the change. The FFL should then make a new entry in the next available line in the current A&D record. In that case, the FFL must enter a reference to the new book, page, and line number in the disposition side of the updated record, and use the new entry to record the date of the theft or loss, the ATF incident number, and the local authority incident number. This entry must be recorded not later than 7 days following discovery of the theft or loss.
A licensee must complete and submit Form 3310.11 to the National Tracing Center (NTC) and the NTC will notify the NFA Branch. This will satisfy the licensee’s reporting requirements under 27 CFR 478.39a and 27 CFR 479.141; licensees will no longer have to submit additional notification to ATF.
The transferor/sender federal firearms licensee (FFL) will use the current ATF Form 3310.11 Firearms Inventory Theft/Loss Report.
The new rule does not require federal firearms licensees (FFLs) to implement any new business policies or take any additional actions related to tracking shipments or obtaining confirmation of receipt. The transferor/sender is only required to report a theft or loss upon receiving notification from either the transferee/receiver or another source, such as a shipper, that the shipment did not arrive.
The new rule does not place any additional recordkeeping requirements upon federal firearms licensees (FFLs). Shipping/sending FFLs need only update their existing records with firearm theft, loss, or recovery information.
The reporting requirement is not triggered until the transferor/sender federal firearms licensee (FFL) is aware that a firearm has been lost or stolen. The transferor/sender FFL may be placed on notice of a theft or loss by a communication from the transferee/receiver FFL that the firearm was not delivered, or through communication from other sources such as the common carrier that the firearm was not delivered due to theft or loss in transit.
If the location of the theft or loss is known, the local law enforcement agency at that location would be the appropriate local authority. Otherwise, the report would be made to the local law enforcement authorities at the licensee’s location or business premises.
The transferor/sender federal firearms licensee (FFL) of the stolen or missing firearm must report the theft or loss to ATF and to the appropriate local authorities within 48 hours after the transferor/sender FFL discovers the theft or loss of a firearm.
The transferor/sender FFL must also create a disposition entry reflecting the theft or loss of the firearm in the required bound book not later than 7 days following discovery of the theft or loss. If the firearm is later recovered, the transferor/sender must re-enter the recovered firearm as an acquisition or disposition as appropriate.
Because the theft or loss has precluded the intended transferee/receiver from taking actual possession of the firearm, the transferee/receiver (federal firearms licensee or unlicensed recipient) is far less likely to have information necessary to file the theft/loss report.
No federal statute requires common or contract carriers to report the theft or loss of a firearm in transit to ATF. Only Congress may enact a law imposing such a requirement, and it has chosen not to.
Nonetheless, ATF has long encouraged carriers to file theft and loss reports, and issued ATF Form 3310.6, Interstate Firearms Shipment Theft/Loss Report, to assist them in reporting thefts and losses.
The transferor/sender federal firearms licensee (FFL) must report the theft or loss of a firearm in transit because the transferor/sender FFL is more likely to know the circumstances of when and how a firearm was shipped.
In addition, due to the theft or loss, the transferor/sender FFL’s acquisition and disposition records indicating that a firearm was disposed of to a particular transferee/buyer are inaccurate, and must be amended to reflect the actual circumstances. It is important to note that the obligation to report is not required unless and until the shipper becomes aware that the firearm did not reach its intended destination.
The regulations have been amended to enhance the reporting of firearms lost and stolen in transit. ATF has identified numerous occasions during the crime gun tracing process where a federal firearms licensee's (FFL) records indicate the firearm being traced has been shipped to another FFL, but the transferee/receiving FFL advises the firearm was never received; yet no theft or loss report has been filed with ATF. The absence of a theft/loss report to ATF in these circumstances adversely impacts the ability of ATF and local law enforcement to trace and investigate crime guns.
