Urgent Pennsylvania Firearm Retailer Alert
NSSF® has recently learned from multiple members that the Pennsylvania Office of the Attorney General (OAG) Gun Violence Task Force has made requests that Pennsylvania FFLs provide the OAG with copies of their completed Forms 3310.4 (Report of Multiple Sale or Other Disposition of Pistols and Revolvers).
While the decision whether to cooperate with such requests is at each FFL’s discretion, you should be aware that you are under no legal obligation to provide this information to the Pennsylvania OAG.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has advised the following as to FFL obligations regarding Form 3310.4:
“Reports of Multiple Sales of Handguns (ATF Form 3310.4) are required by the Gun Control Act (GCA), 18 U.S.C. Chapter 44, to be submitted to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) by a Federal Firearms Licensee (FFL) whenever the FFL sells or otherwise disposes two or more handguns within five consecutive business days to an unlicensed person. Such reports are also to be forwarded to the department of State police or other applicable State-level law enforcement agency or to a local law enforcement agency of the local jurisdiction in which a multiple handgun sale has taken place.
State or local agencies that receive these reports must comply with Section 923(g)(3)(B) of the GCA which:
(1) Prohibits State/local law enforcement agencies that receive Reports of Multiple Sales of Handguns from disclosing the forms or the contents to any person or entity;
(2) Requires such agencies (except in the case of forms regarding a purchaser prohibited under 18 U.S.C. § 922(g) or (n)) to destroy the form and records of the contents of the form no more than 20 days from the date of receipt; and
(3) Requires State/local law enforcement agencies to certify biannually to the Attorney General that (a) no disclosure contrary to the foregoing provisions has been made and that (b) all forms and records of the contents have been destroyed as provided by the law.”
Accordingly, FFLs are not obligated to provide copies of completed Forms 3310.4 to any authorities other than the ATF, and their Chief Local Law Enforcement Officer (CLEO). Depending on the location of your operations, the CLEO is likely your local chief law enforcement officer but may be the state police or a similar state law enforcement agency.
If you are not certain who qualifies as the CLEO for your location, or if you receive a request to disclose these records and have further questions about your obligations, you are encouraged to contact your local ATF Field Division.
The Philadelphia Field Division has oversight of activities within the Commonwealth of Pennsylvania. The Division’s Acting Special Agent in Charge is Shannon L. Hamm, and the Division’s Director of Industry Operations is Stephen Konnovitch. The Division may be reached at (215) 446-7800 or PhilDiv@atf.gov. |