You are looking for just the right firearm for your everyday carry, or perhaps you're looking for a nice used gun to add to your collection. You also want to find a really good deal. A private sale might be the way to go.
Federal law does not prohibit private sales between individuals who reside in the same state, and the vast majority of states do not require that a private sale be facilitated by a federally licensed gun dealer (“FFL”). However, the more you think about it, what would happen to you if you bought a gunthat turned out to be lost or stolen? Even worse, what would happen if you purchased a firearm that had been used in a crime?
Unfortunately, these things can happen. Further, there is no practical way for you to ensure a gun you purchase from a stranger is not lost or stolen.
How Can You find Out if a Gun is Stolen?
Search the FBI Lost and Stolen Gun Serial Number Database
When a firearm is lost or stolen, the owner should immediately report it to the police. In fact, if a gun is lost or stolen from an FFL, the law requires the FFL to report the missing firearm to the Bureau of Alcohol, Tobacco, Firearms & Explosives (“ATF”). These reported firearms are entered into a gun database maintained by the FBI’s National Crime Information Center (“NCIC”).
Unfortunately for purchasers in private sales, only law enforcement agencies are allowed to request agun serial number check or search of the lost and stolen gun database.
Guns Serial Number Check
While there have been attempts at creating private searchable internet databases where individuals self-report their lost or stolen guns, these usually contain only a fraction of the number of actual stolen guns, and the information is not verifiable.
Some states are exploring or attempting to build a state database of lost or stolen firearms that is searchable by the public, online. For example, the Florida Crime Information Center maintains a website where an individual can search by serial number for many stolen or lost items, including cars, boats, personal property, and of course, firearms.
However, even this website warns:
“FDLE cannot represent that this information is current, active, or complete. You should verify that a stolen property report is active with your local law enforcement agency or with the reporting agency.”
Police Checks of Firearms (Stolen Gun Database)
Having the local police check the federal database continues to be the most accurate way to look up gun history by serial number to ascertain whether or not a used firearm is lost or stolen. However, many police departments do not offer this service. And be forewarned: if the gun does come back as lost or stolen, the person who brought it to the police will not be getting it back. The true owner always has the right to have his or her stolen gunreturned.
If you choose to purchase a firearm in a private sale, you should protect yourself. A bill of sale is the best way to accomplish this. If it turns out the firearm was stolen or previously used in a crime, you will need to demonstrate to the police when you came into possession of the firearm, and from whom you made the purchase. You do not want to be answering uncomfortable police questions without the documentation to back you up.
On the flip side, if you are the one who happens to be the victim of gun theft, be sure to report it after speaking with a law firm. Because while it may take several years, you never know when a police department may be calling you to return your gun.
FAQs
Unfortunately for purchasers in private sales, only law enforcement agencies are allowed to request a gun serial number check or search of the lost and stolen gun database.
Is there a national database for stolen guns? ›
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) National Tracing Center (NTC) is the United States' only crime gun tracing facility.
What can someone do with my gun serial number? ›
By tracing the serial number of a firearm found at a crime scene, investigators can determine its origin and potentially link it to a suspect. This information can be invaluable in solving cases and bringing criminals to justice. Secondly, tracking firearms is essential for public safety.
Are gun serial numbers registered? ›
In the US, federal law requires registered gun dealers to maintain records of gun serial numbers and then to report them when they are sold but federal law also prohibits creation of a national register.
How are gun serial numbers tracked? ›
Tracing Process
NTC receives the trace request and uses the gun's markings to identify its original manufacturer or importer. From those records, NTC is able trace the firearm through the wholesale and retail distribution chain to its first retail purchaser.
How accurate is Hotgunz? ›
Hot Gunz offers a gun serial number search to determine if a gun is stolen. The site notes that they do not collect personal information or log your searches. As this information is user submitted, accuracy of course cannot be guaranteed.
Can stolen guns be traced? ›
Every year, the Bureau of Alcohol, Tobacco, Firearms, and Explosives conducts hundreds of thousands of gun traces at the request of law enforcement officials. The purpose of a trace is to identify the custody of a firearm through the supply chain, from manufacturer to dealer to buyer.
Does the ATF know what guns I own? ›
“ATF does not maintain a federal gun registry, therefore, records are not kept on the sales of firearms, private sales or information on individual purchasers,” an ATF spokesperson told ABC News. Domenech said it's “safe to say there are hundreds of millions of firearms” in the country.
Can the ATF use computers? ›
“It's ludicrous that current law prevents the ATF from using computers to conduct a swift and thorough investigation when a gun is used in a crime,” said Sen. Feinstein. “We need to give ATF agents all the tools necessary to track guns used by criminals, not tie their hands behind their back.
What can I do with my serial number? ›
A serial number is a unique identifier assigned to a specific product by the manufacturer. It helps to distinguish one product from another and can be used for warranty purposes or to track inventory.
Criminals assume that this weapon is untraceable and that it can be used in a crime without the possibility of the gun being identified. Because manufacturers typically apply serials numbers by roll stamping, criminals need to grind them off if they'd like to remove the mark.
Can I tell how old a gun is by the serial number? ›
Contact the manufacturer. They can tell you when the gun was made by the serial no. Sometimes they may charge a fee. Call the company who made the firearm, if they are still in business.
Can you look up gun value by serial number? ›
You can identify the model caliber and manufacturer by the serial number. But to get an actual true value it has to be appraised by a gunsmith or firearms appraiser, because the make and model can give you an approximate value, but condition of the firearm is the true key to its value.
Does each gun have its own serial number? ›
In addition to a unique serial number, each firearm must be marked to show the model (if any); the caliber or gauge; the name of the manufacturer and importer, or recognizable abbreviations; the country of manufacture; and the city and State (or recognized abbreviations) in which your licensed premises are located.
Can you recover a serial number on a gun? ›
Forensic scientists can use physical and chemical techniques to restore or enhance altered characters. Restoring a serial number can provide law enforcement agencies with information about a firearm or other item and may offer a lead in an investigation.
Can you lookup a Remington serial number? ›
How to Locate the Serial Number? On most Remington 700 rifles, the serial number can be found on the left side of the barrel. However, it's crucial to handle firearms safely. Ensure that the gun is unloaded before inspecting or looking for the serial number.
Can you trace a gun without serial number? ›
Yes, and the lack of a serial number make it impossible for law enforcement to trace these guns. Ghost guns have already been used in mass shootings by shooters who were prohibited from purchasing guns or used types of guns illegal in that particular state.
Why would ATF show up? ›
ATF's responsibilities include the investigation and prevention of federal offenses involving the unlawful use, manufacture, and possession of firearms and explosives; acts of arson and bombings; and illegal trafficking of alcohol and tobacco products.
