Lost Or Stolen Firearms - - CA Penal Law

Section § 25250

The law requires anyone who loses or has a firearm stolen to report it to the local police within five days of when they know or should have known about the loss or theft. If the firearm is later found, they must inform the police within five days of recovery. However, antique firearms are exempt from this reporting requirement.

(a) Commencing July 1, 2017, every person shall report the loss or theft of a firearm he or she owns or possesses to a local law enforcement agency in the jurisdiction in which the theft or loss occurred within five days of the time he or she knew or reasonably should have known that the firearm had been stolen or lost.

(b) Every person who has reported a firearm lost or stolen under subdivision (a) shall notify the local law enforcement agency in the jurisdiction in which the theft or loss occurred within five days if the firearm is subsequently recovered by the person.

(c) Notwithstanding subdivision (a), a person shall not be required to report the loss or theft of a firearm that is an antique firearm within the meaning of subdivision (c) of Section 16170.

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(Added November 8, 2016, by initiative Proposition 63, Sec. 4.1.)

Section § 25255

This law section states that certain groups are exempt from the requirements of Section 25250 regarding the loss or theft of firearms. These exempt groups include law enforcement agencies or officers, United States marshals, armed forces members, National Guard members, and federally licensed firearm dealers or owners who follow specific reporting regulations. Additionally, anyone whose firearm was lost or stolen before July 1, 2017, is also exempt.

Section 25250 shall not apply to the following:

(a) Any law enforcement agency or peace officer acting within the course and scope of his or her employment or official duties if he or she reports the loss or theft to his or her employing agency.

(b) Any United States marshal or member of the Armed Forces of the United States or the National Guard, while engaged in his or her official duties.

(c) Any person who is licensed, pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, and who reports the theft or loss in accordance with Section 923(g)(6) of Title 18 of the United States Code, or the successor provision thereto, and applicable regulations issued thereto.

(d) Any person whose firearm was lost or stolen prior to July 1, 2017.

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(Added November 8, 2016, by initiative Proposition 63, Sec. 4.1.)

Section § 25260

This law requires sheriffs and police chiefs to enter details of any firearm reported as lost or stolen into the Department of Justice's automated firearms system. This ensures there is a record for tracking these firearms.

Pursuant to Section 11108.2, every sheriff or police chief shall submit a description of each firearm that has been reported lost or stolen directly into the Department of Justice Automated Firearms System.

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(Amended by Stats. 2018, Ch. 864, Sec. 6. (AB 2222) Effective January 1, 2019. Note: This section was added November 8, 2016, by initiative Proposition 63.)

Section § 25265

If you break the law described in Section 25250 for the first time, you'll face a minor penalty—a fine up to $100.

If you violate it a second time, the fine is higher, up to $1,000.

If you break it three times or more, it becomes more serious—a misdemeanor. This means you could go to jail for up to six months, pay a fine up to $1,000, or both.

(a) Every person who violates Section 25250 is, for a first violation, guilty of an infraction, punishable by a fine not to exceed one hundred dollars ($100).

(b) Every person who violates Section 25250 is, for a second violation, guilty of an infraction, punishable by a fine not to exceed one thousand dollars ($1,000).

(c) Every person who violates Section 25250 is, for a third or subsequent violation, guilty of a misdemeanor, punishable by imprisonment in a county jail not exceeding six months, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment.

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(Added November 8, 2016, by initiative Proposition 63, Sec. 4.1.)

Section § 25270

If you need to report a lost or stolen gun, you must tell the police the make, model, and serial number of the gun, if you know them. You also need to provide any other important information that the police ask for.

Every person reporting a lost or stolen firearm pursuant to Section 25250 shall report the make, model, and serial number of the firearm, if known by the person, and any additional relevant information required by the local law enforcement agency taking the report.

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(Added November 8, 2016, by initiative Proposition 63, Sec. 4.1.)

Section § 25275

This law makes it illegal to knowingly file a false report with local law enforcement claiming that a firearm has been lost or stolen. If someone is caught doing this, they can be fined up to $250 for the first time and up to $1,000 for future offenses.

Additionally, breaking this law doesn't protect someone from facing other charges under different laws.

(a) No person shall report to a local law enforcement agency that a firearm has been lost or stolen, knowing the report to be false. A violation of this section is an infraction, punishable by a fine not exceeding two hundred fifty dollars ($250) for a first offense, and by a fine not exceeding one thousand dollars ($1,000) for a second or subsequent offense.

(b) This section shall not preclude prosecution under any other law.

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(Added November 8, 2016, by initiative Proposition 63, Sec. 4.1.)