Questions and Answers

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.

You should contact ATEB at 202-648-7130 or your local ATF office.

The FDA at 1-877-287-1373 or AskCTP@fda.hhs.gov

The Alcohol Beverage Control Board in your state or the Food and Drug Administration (FDA) at 1-888-463-6332 or www.fda.gov .

Contact the Alcohol and Tobacco Enforcement Branch (ATEB) at 202-648-7130 or your local ATF office, if the quantity exceeds 10,000.

If you are personally importing tobacco products or cigarette papers or tubes for personal use, you should contact the U.S. Customs and Border Protection at www.cbp.gov and your appropriate State government agency. You may also contact ATF.

Cigarettes purchased on the internet are subject to the applicable federal, state, and local taxes. Under the PACT Act, internet sellers must report the sale to the tobacco administrator of the state to which they ship the cigarettes. Generally, cigarettes may not be mailed. States and local governments can collect cigarette taxes and interest due on the purchase of untaxed cigarettes purchased on the internet or through mail order.

Data is entered as soon as the U.S. Bomb Data Center has received the information. Each incident's case information is updated throughout the case history of the file.

All activities conducted outside the scope of a U.S. Government contract are subject to the requirements of Part 555, even if the activities are conducted on property owned by the military.

[18 U.S.C. 845(a)(3), (a)(6); 27 CFR 555.26, 555.29, 555.41, 555.141(a)(3), (a)(5)]

Yes, provided that all the explosive materials in question are manufactured under a government contract. Any explosive materials manufactured in anticipation of receiving a government contract would not qualify for this exemption. If the contractor manufactures any explosive materials not pursuant to a U.S. military contract, the manufacture and the explosive materials are subject to all requirements of the law and regulations.

Some contracts may allow the contractor to retain excess or extracted explosive materials for their own use, for use in further manufacture, or for sale in commerce. In such a case, ownership of the explosive materials typically passes from military to the private company. ATF generally considers this acquisition and any further activities involving the explosive materials to be regulated by 27 CFR Part 555.

As long as the demil operator has a valid Department of Defense contract to perform such operations, the operations would be exempt from 27 CFR Part 555 and no license or permit would be required. However, if title to the explosive materials has passed from the military to the demil operator then the materials must be stored under Part 555 requirements and subsequent operations may be regulated by ATF (e.g., storage, sales, manufacturing) and an ATF license or permit may be needed. Contact the nearest ATF field office for further information.

[18 U.S.C. 845(a)(3), (a)(6) and 27 CFR 555.141(a)(3), (a)(5)]

Only those firearms subject to the National Firearms Act (NFA) (e.g., machineguns, short–barreled rifles and shotguns, silencers, destructive devices, and firearms designated as “any other weapons”) must be registered with ATF.

Firearms registration may be required by state or local law. Any person considering acquiring a firearm should contact their State Attorney General’s Office to inquire about the laws and possible state or local restrictions.

[26 U.S.C. 5841; 27 CFR 479.101]]

When a transaction takes place between unlicensed persons who reside in the same state, the Gun Control Act (GCA) does not require any record keeping. An unlicensed person may sell a firearm to another unlicensed person in their state of residence and, similarly, an unlicensed person may buy a firearm from another unlicensed person who resides in the same state. It is not necessary under federal law for a federal firearms licensee (FFL) to assist in the sale or transfer when the buyer and seller are “same–state” residents.

There may be state or local laws or regulations that govern this type of transaction. Contact the office of your State Attorney General for information regarding any such requirements.

An individual between 18 and 21 years of age may acquire a handgun from an unlicensed individual who resides in the same state, provided the person acquiring the handgun is not otherwise prohibited from receiving or possessing firearms under federal law. A federal firearms licensee may not, however, sell or deliver a firearm other than a shotgun or rifle to a person the licensee knows or has reasonable cause to believe is under 21 years of age.

There may be state or local laws or regulations that govern this type of transaction. Contact the office of your State Attorney General for information on any such requirements.

[18 U.S.C. 922(b)(1)]

If a person maintains a home in two states and resides in both states for certain periods of the year, they may, during the period of time they actually reside in a particular state, purchase a firearm in that state. However, simply owning property in another state does not alone qualify the person to purchase a firearm in that state.

[27 CFR 478.11]