Collector0311
Member
- Joined
- Jan 18, 2011
- Messages
- 368
How long do you have to report it? Is it mandatory to report? Are there any consequences to the owner, as far as future purchase restrictions?
If your full auto or silencer is lost/stolen/damaged
- Thread starter Collector0311
- Start date
- Status
TexasRifleman
Moderator Emeritus
Stolen/lost NFA firearms must absolutely be reported to the local NFA branch. You are required to report the item missing within 48 hours of discovery. Also required to report it to local law enforcement within 48 hours.
Some sites say you have to file a 3310.11 for lost NFA items even if not an FFL, but the form doesn't say that so I question that one. I would call ATF for sure and ask.
http://www.atf.gov/forms/download/atf-f-3310-11.pdf
Damaged is different entirely, there are no reporting requirements if the item is damaged I don't believe. If it's damaged beyond the ability to be repaired it can be removed from the NFA database. Can't hurt to call ATF and ask on that one but I wouldn't be concerned about damage personally.
Some sites say you have to file a 3310.11 for lost NFA items even if not an FFL, but the form doesn't say that so I question that one. I would call ATF for sure and ask.
http://www.atf.gov/forms/download/atf-f-3310-11.pdf
Damaged is different entirely, there are no reporting requirements if the item is damaged I don't believe. If it's damaged beyond the ability to be repaired it can be removed from the NFA database. Can't hurt to call ATF and ask on that one but I wouldn't be concerned about damage personally.
speaksoftly
Member
Lost or stolen definitely has to be reported and to be honest, I'm unsure about damaged.
medalguy
Member
Damaged as in broken stock or bulged barrel, or damaged as in kaboomed and receiver exploded and damaged beyond repair? Big difference.
PLRinmypocket
Member
There is no damage that cannot be repaired when it comes to a registered machinegun. Can't add anymore of those to the registry, so it's always worth it to fix it. If you can't fix it, I'm sure someone who can would buy whats left of it from you.
Silencers on the other hand may not be worth repairing if the serial numbered part is very damaged. you can always buy a new one anyway.
Silencers on the other hand may not be worth repairing if the serial numbered part is very damaged. you can always buy a new one anyway.
GoingQuiet
Member
Allow me to clarify....
IF YOU ARE AN FFL - you have 48 hours to report missing firearms. If it is an NFA item, NFA branch should be notified immediately.
IF YOU ARE NOT AN FFL - I have no idea.
TexasRifleman
Moderator Emeritus
Well lets put it this way, one of the best NFA lawyers in the country says 48 hours.
http://www.guntrustlawyer.com/2008/08/what-if-my-nfa-firearm-is-lost.html
http://www.guntrustlawyer.com/2008/08/what-if-my-nfa-firearm-is-lost.html
Bubbles
Member
From the ATF NFA Handbook:
Repair of suppressors is very thoroughly covered under the ATF's Silencer FAQ's.
27 CFR 479.141
Repair of suppressors is very thoroughly covered under the ATF's Silencer FAQ's.
TexasRifleman
Moderator Emeritus
Unfortunately this is not true from a legal standpoint. From a financial view yes, you want to repair always, but there are situations where ATF has ruled that the damage was so bad that repair would actually be "remanufacturing" and they denied it.
Imagine a registered receiver that cracked through the serial number for instance. If you reweld you'd obliterate the s# and that can't be reapplied somewhere else.
Scary thought for sure.
Carl N. Brown
Member
Lost or stolen needs to be reported so it can be placed on the NCIC (National Crime Information Center).
If it ended up recovered from a crime, a check of the NFA registry would lead to the registered owner, who would have "some 'splaining" to do, as Ricky Ricardo ("I Love Lucy") would put it.
Damaged beyond economic repair might require some dewatting beyond possible repair (still on the registery) or total destruction (for removal from the registry). With NFA matters, you always have to check with ATF for current policy.
If it ended up recovered from a crime, a check of the NFA registry would lead to the registered owner, who would have "some 'splaining" to do, as Ricky Ricardo ("I Love Lucy") would put it.
Damaged beyond economic repair might require some dewatting beyond possible repair (still on the registery) or total destruction (for removal from the registry). With NFA matters, you always have to check with ATF for current policy.
PLRinmypocket
Member
Good point, it is illegal to obliterate a serial number. If during the process of a repair you are likely to obliterate the serial number (like a weld that would go into the serial number), then you cannot legally make the repair.
But, there are ways to repair that would not obliterate a serial number, even if a crack went thru the number itself. adding plates around the serial number and welding those plates in place comes to mind.
Re-manufactureing is a whole other issue. I'm not talking about cutting out the serial number, and welding it to a new gun. I guess if a reciever was left in acid and fully disolved you would be pretty much out of luck, but most firearm damage is not that bad....even in a kaboom, you can usually find all the pieces, and with enough time and effort put it all back together again.
GoingQuiet
Member
"Best" is relative.
You'd be surprised how often my day includes "Well David Goldman told me _______" - and I have to follow that up with "Thats wrong and here's why....."
CoRoMo
Member
I didn't realize that you had to have ATF approval to repair an NFA firearm. Welding would not be my only choice to mend two pieces of steel.
+1 there. I don't want to get into the specifics of a conversation that I had with Mr. Goldman, but to say the least, his advice was not optimal.
Bubbles
Member
If one is brought to an FFL/SOT for repair, and the gun is in such a bad state that the FFL/SOT is worried about crossing the repair versus new manufacturing line, he will contact the ATF and ask whether or not he can proceed. Why? ATF sting operations abound. Not worth the risk of your license, livelihood, and freedom to do otherwise.
CoRoMo
Member
I see your point. It is not the licensee's loss, if the gun is deemed unrepairable. How much thoughtfulness does the ATF give to these cases? I assume they hold the 'Denied' stamp in their hand when the phone rings. 
I'm always thinking along the lines of DIY, because it is my property, my loss.
I'm always thinking along the lines of DIY, because it is my property, my loss.
Last edited:
- Status
