Dlr-03 Theft Loss Found Sample Policy

See Below or Attached

Find attached: Orchid FFLPP Dlr-03 Theft Loss Found Sample Policy

Version: 1 2021.07.20

a.     Overview

·       Employees shall report any known or suspected Theft / Loss to management as soon as it is discovered.

·       Once a firearm is determined to be stolen or lost, it must be reported to the ATF and Law Enforcement within 48 hours[pm1] .

·       The ATF Form 3310.11 shall be completed.  One copy shall be filed with ATF and one copy shall be retained.  

·       If a firearm previously reported as Theft / Loss is found, it should be reported to the ATF within 48 hours.

·       The A&D Book must be updated with a Theft/Loss Disposition or Found Acquisition at the time of report; reflecting the date of report and the ATF Theft / Loss incident number provided by the ATF Stolen Firearms Program.

b.     Applicable Regulations and Forms

·       ATF Form 3310.11 Federal Firearms Licensee Firearms Inventory Theft / Loss Report

·       ATF Form 3310.11A Federal Firearms Licensee Theft/Loss Report Continuation Sheet

·       A&D Book

·       27 CFR 478.39a

·       27 CFR 479.141

a.     Reporting and Recording Theft / Loss Transactions

·       Suspected Theft / Loss should be escalated to management and a Responsible Person as soon as discovered.

·       Management shall immediately direct appropriate personnel to conduct a search. 

·       Law Enforcement and ATF must be informed within 48 hours once the FFL is reasonably certain it is a Theft / Loss.

·       Once it has been determined the firearm(s) will be reported as Theft / Loss, [employee or department tbd by company] shall begin completing the ATF Form 3310.11.  Sections A and B should be completed prior to calling local law enforcement. If more firearms were lost or stolen than Section B allows, the remainder shall be recorded on ATF Form 3310.11A Federal Firearms Licensee Theft/Loss Report Continuation Sheet. 

·       The Theft / Loss should initially be reported over the phone to local law enforcement describing the incident.  The date and time of contacting local law enforcement shall be recorded in Section A.

-   If the firearm was lost in a shipment initiated by Company, Company is responsible for making the report.  If Company is uncertain of where the firearm was lost, Company’s local law enforcement shall be contacted.  If Company knows where in shipment the firearm was lost, the law enforcement agency local to that jurisdiction shall be notified. 

·       Reporting to ATF – Two Options 

-   [employee or department tbd by company] shall next contact the Stolen Firearms Program at 888.930.9275 and inform them of the Theft or Loss upon which they will provide an Incident Number.  [employee or department tbd by company] shall proceed to complete the remainder of the Form.  Once the Form has been completed, including the Incident Number, [employee or department tbd by company] shall email the Form to stolenfirearms@atf.gov. 

-   Alternatively, [employee or department tbd by company] may complete all of the Form 3310.11 with the exception of the ATF Issued Incident Number and email the Form to stolenfirearms@atf.gov and request an acknowledgement and Incident Number.  Once a response is provided with an incident number, the Form shall be completed.  

-   A copy of the email notification which shows the attachment shall also be printed and maintained with the Form 3310.11. 

·       The Incident Number should be entered in the applicable space on the Form 3310.11 and the form should be signed by a Responsible Person of the FFL.

·       A Disposition shall be recorded for each serial number on the report immediately upon receipt of the incident number.  The Disposition date shall be the date the Theft/Loss was reported to ATF. The Disposition shall read “Theft” or “Loss”, as applicable, and shall also contain the ATF Issued Incident Number.

b.     Reporting and Recording Found Transactions

·       The ATF Stolen Firearms Program should be informed of the discovery of a firearm that was previously reported Theft / Loss on the day the firearm(s) was found. 

·       Notification should be by email – to stolenfirearms@atf.gov – and shall include a statement the applicable serial numbers were discovered and shall contain an attachment of the original Theft/Loss Report. 

·       An Acquisition shall be entered in the A&D Book immediately upon the reporting of the discovery of the serial numbers.  The Acquisition Date shall be the date the firearm(s) was discovered.  The Acquisition information shall contain “Find” or “Found” and shall include the ATF-Issued Incident Number.  

·       Contact Local Law Enforcement – [employee or department tbd by company]

·       Prepare and Filing ATF Form 3310.11  – [employee or department tbd by company]

·       Signing either ATF Form 3310.11– An FFL Responsible Person

·       Recording the corresponding Acquisition or Disposition - [employee or department tbd by company]

·       Responsible Person – A person who has submitted fingerprints, photographs, and a Responsible Person Questionnaire to the ATF and has undergone a background check to be identified by ATF as responsible for the firearms operations of the company.