The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) sets specific requirements for FFLs regarding reporting stolen or lost firearms. As outlined in 27 CFR § 478.39a, the initial report should be made by telephone or in writing to the ATF. This approach ensures that the ATF is quickly notified and receives a written incident report for detailed investigation and follow-up.
Steps to Report a Stolen Gun
Federal Firearms Licensees have a responsibility to maintain the security of their firearms inventory. If a lost or stolen gun is used in a crime, an FFL’s gun ownership rights might be at risk. In the event of a theft or loss, they must report it within 48 hours to the ATF and their local law enforcement agency. Here’s a step-by-step guide to reporting a stolen or lost firearm:
- Report to Local Law Enforcement: After finding a firearm missing from your inventory, call your local law enforcement agency. This initial police report is crucial for the prompt recovery of firearms involved in the crime. If the firearms are missing during an inventory check, communicate whether the loss was evidence of a crime or due to record-keeping errors.
- Contact the ATF: Next, reach out to the ATF’s Stolen Firearms Program Manager at 1-800-930-9275. The ATF works with law enforcement to investigate the incident and provide additional support.
- Documentation and Reporting: Complete the Theft/Loss Report Form (ATF Form 3310.11) to detail all missing firearms. Mail the completed forms to the ATF’s National Tracing Center. Keep a copy for your records as part of your compliance documentation.
Following ATF Regulations
Failure to comply with these reporting requirements can have serious implications for a Federal Firearms Licensee. Federal law requires gun owners to report these stolen firearms to prevent gun trafficking and transactions from straw purchasers. Non-compliance may result in a civil penalty, such as a fine or the potential revocation of the FFL license. Therefore, timely and accurate reporting is a critical component of public safety efforts because it helps prevent stolen firearms from entering the illegal market and being used in criminal activities.
To maintain compliance, FFLs should:
- Establish clear procedures for responding to the theft or loss to local law enforcement and the ATF’s reporting agency.
- Make sure all employees have training on the signs of theft or loss.
- Maintain detailed records of all firearms in your inventory, including serial numbers, make, model, caliber, and other important descriptions.
Reporting a Stolen Gun for Non-FFLs
For individuals not holding a Federal Firearms License, the procedure for reporting is different. The ATF doesn’t take stolen firearm reports from private citizens, and they are unable to locate serial numbers because there is no national registration system. Individuals can take one of these options to locate their firearm:
- If you don’t have the serial number recorded, reach out to the firearms dealer where you purchased the firearm.
- If the dealer is no longer in business, your local police department may be able to facilitate a Records Search Request through the National Tracing Center. This is contingent on the case being part of a bona fide criminal investigation.
- If your state has a firearms registration office, contact them for assistance in the reporting process.
Non-FFLs have an important role in community safety through responsible gun ownership and the diligent reporting of stolen firearms. By taking prompt action and providing pertinent information to police officers and law enforcement, individuals will help keep firearms out of the hands of criminals.
FBI National Stolen Gun Registry
The FBI is implementing updates to the National Instant Criminal Background Check System (NICS) to enhance the process of restoring stolen guns to their rightful owners. This initiative streamlines the identification and recovery process by allowing law enforcement agencies to check if a recovered gun has been reported stolen somewhere else in the United States.
When a stolen gun is found, law enforcement officials report it to NICS, which cross-references the firearm’s details against reports of stolen guns entered by other agencies nationwide. This process supports ongoing investigations into gun theft and trafficking. With this capability to track and identify stolen guns, the FBI is strengthening the effort to ensure public safety and deter criminal use of firearms.
Why FastBound?
FastBound offers FFLs an all-in-one solution to simplify compliance and streamline business operations. Our software suite includes automated multi-state background checks, A&D record tracking, form completion, bulk changes, and automated multi-sale reporting, ensuring gun dealers stay compliant with any type of FFL. We work closely with FFLGuard to offer our users legal advice and understanding of their firearm rights under the Second Amendment to protect their businesses.
For additional information on the reporting process for stolen firearms, visit the ATF’s website. You can also contact FastBound‘s team to obtain the necessary resources for maintaining compliance with these regulations.
FAQs
If a firearm is lost, it should be quickly reported in case it is found and used in a crime. Any FFL who knows about theft or loss of any firearms from their inventory must report it within 48 hours of discovery to ATF and their local law enforcement agency.
Regulations on private citizens depend on state law. Several states, including California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Michigan, New Jersey, New York, Ohio, Oregon, Rhode Island, and Virginia, require private citizens to report the loss or theft of a firearm to law enforcement.
The ATF’s National Tracing Center processes firearms tracing for thousands of domestic and international law enforcement agencies annually. As the only crime gun tracing facility in the United States, the ATF provides information to help the federal government and international law enforcement agencies solve firearms crimes, detect firearms trafficking, and track the intrastate, interstate, and international movement of crime guns.