I was recently contacted by an FFL I represent who had a post-sample machinegun being shipped to him that was lost in-transit.
He wanted to know what his responsibilities were versus those of the manufacturer / shipping FFL.
While this was an NFA item (National Firearms Act), the steps one should take when a firearm is lost in-transit is largely the same for NFA items and regular firearms, with a few additions noted below.
First, within 48 hours of discovering the loss, an ATF Theft/Loss Report (Form 3310.11) must be filed by the shipping FFL (required by 27 CFR 478.39a).
The completed form can be submitted by email to [email protected] or faxed to (304) 616-4501. Receipt of the form should be confirmed by calling the ATF at (888) 930-9275.
Second, the shipping FFL should report the loss to their local police or sheriff’s department since the shipping location is deemed to be where the loss occurred. They will need to obtain a case number or incident report number because the ATF will typically require proof that the loss was reported to local law enforcement.
The shipping FFL should also file a loss claim through the carrier. They should maintain all correspondence with the carrier in case the ATF or local law enforcement requests the documentation.
Important Note: The receiving FFL should ask for a copy of the ATF Form 3310.11, the incident report # from the local law enforcement, and any correspondence from the carrier claim.
Finally, the FFL the item was being shipped to, who never received the item, should document the transfer in their A&D (Acquisitions and Dispositions) book as shipped, but lost in-transit, and reference the ATF Form 3310.11 submission and the other associated details (incident #, etc.).
Additional Steps For NFA Items
In this case, the lost firearm was an NFA item, specifically a post-sample machinegun, the loss of which the ATF takes very seriously, and the NFA Branch will need to be notified. The shipping FFL should call them immediately at (304) 616-4500, reference the Form 3 control number, and describe the exact circumstances of the loss.
If there is any question in the mind of the receiving FFL whether the shipping FFL has taken any of these steps, they should contact the ATF themselves out of an abundance of caution.
