Keeping Firearms Out of the Wrong Hands: Addressing Theft and Diversion Through Reporting of Lost and Stolen Firearms

By James H. Burch II,  Stacey Clouse , Annelise M. Pietenpol

The Joyce Foundation commissioned the National Policing Institute (NPI) to assess and produce a report on mandatory reporting laws for lost and stolen firearms and how law enforcement agencies are currently using, enforcing, and encouraging compliance with such laws. This report supports the Joyce Foundation’s efforts to identify barriers and inform policymakers and law enforcement leaders on best practices related to the enforcement of reporting lost and stolen firearms. Across the nation, policymakers and law enforcement agencies have turned to different legal and policy approaches to address gun violence and the movement or “diversion” of firearms from the legal to the illegal market, where criminals and those who are prohibited by law from having firearms may obtain them. State laws mandating reporting of lost and stolen firearms are intended to address the issue of criminal access to firearms, yet very little is known about implementation best practices and challenges. This study, likely the first to assess implementation and design questions across the states, finds that changes are needed to realize much of the benefit these laws were intended to provide. Specifically, the results of this study suggest that: • Mandatory reporting laws for lost and stolen firearms may be designed or applied in ways that dilute their potential impact. • Some penalties may have limited or no potential for deterrence, may undermine the importance or significance of reporting or the law itself, and contribute to concerns over criminal justice fines and fees. • The laws appear to lack the necessary support of clear implementation approaches and input and support of state and local law enforcement. However, the study does not find that the laws serve no purpose or that they should be abolished or abandoned. Instead, the study proposes alternative approaches emphasizing incentives and behavioral change over punitive measures. It advocates for enhanced civil liability provisions and educational initiatives to promote awareness and compliance with reporting laws among firearm owners and sellers. Additionally, it underscores the effectiveness of targeted awareness campaigns and problem-oriented policing strategies in deterring firearm-related offenses such as straw purchasing. Furthermore, the study provides more than 20 recommendations to be considered by government and policy leaders, law enforcement, and communities. These recommendations include: • Reconsidering small or low penalties, such as fines, and considering alternatives, such as enhanced liability provisions and restrictions on future registrations and licensing (where applicable) that may be more powerful than the threat of fines for violators. • Consider the issue of intent in failures to report or lack of knowledge of the reporting requirement and consider offering liability protections in future civil action associated with the firearm’s loss or theft when timely reporting has occurred. • Requiring firearm sellers to provide notice of the mandatory reporting law, stipulate the information required for reporting, and establish responsibilities of law enforcement receiving reports of lost or stolen firearms. • Ensuring that national systems for sharing information on stolen and recovered firearms are utilized consistently. • Considering innovative programs, including state-level, publicly accessible, and searchable stolen firearms databases to allow prospective purchasers to ensure that the firearm they may be purchasing from a private seller has not been reported stolen and providing federal funding to support innovative approaches. • Review firearm recovery protocols for law enforcement to ensure that all recovered firearms are checked against the National Crime Information Center (NCIC) as soon as possible after recovery. • Improving training and outreach to law enforcement, firearm sellers, and owners to promote compliance with the law and ways of reducing theft, including safe storage requirements and guidance. • Prioritizing further research into firearm theft and mandatory reporting laws through additional or set-aside research funding from federal grant-making organizations.    

Arlington VA: National Policing Institute, 2024.   44p.