Reporting Lost or Stolen Firearms in California: What You Need to Know

Owning a firearm in California comes with significant responsibilities, including compliance with state and local laws regarding the reporting of lost or stolen firearms. Failure to adhere to these regulations can result in penalties and legal complications. At The Davis Law Firm, we are committed to helping California gun owners navigate these complex laws. This article outlines the key requirements for reporting lost or stolen firearms under California state law and highlights municipal variations, ensuring you stay informed and compliant.

State Law: California Penal Code Section 25250

Under Penal Code Section 25250, California firearm owners are required to report the loss or theft of a firearm to a local law enforcement agency within five days of becoming aware of the incident. This applies to all types of firearms, including handguns, rifles, and shotguns. The report must include critical details such as:

• The make, model, and serial number of the firearm
• The caliber of the firearm
• The date and location of the loss or theft

Reports should be filed with the law enforcement agency in the jurisdiction where the loss or theft occurred or where the owner resides. If the firearm is later recovered, owners must notify the same agency within five days (Penal Code Section 25265).

Exceptions: This requirement does not apply to law enforcement agencies, peace officers, or members of the armed forces when acting in their official capacities (Penal Code Section 25255).

Penalties: Failing to report a lost or stolen firearm is an infraction, with fines of up to $100 for a first offense and up to $1,000 for subsequent offenses (Penal Code Section 25270). These penalties underscore the importance of timely reporting to avoid legal repercussions.

Municipal Laws: Local Variations in California

While state law sets the baseline for reporting lost or stolen firearms, some California cities and counties have local ordinances that supplement these requirements. However, due to state preemption, municipal laws cannot conflict with or impose stricter obligations than state law. Below are examples of how major cities handle these reports:

• Los Angeles: The Los Angeles Municipal Code (LAMC Section 55.14) aligns with state law, requiring firearm owners to report lost or stolen firearms to the Los Angeles Police Department (LAPD) within five days. The city emphasizes the use of state-mandated reporting forms, such as the Bureau of Firearms Report of Lost or Stolen Firearm.
• San Francisco: San Francisco Police Code Article 9, Section 617, mirrors state law by requiring reports to the San Francisco Police Department within five days. Additionally, firearm dealers in the city must report losses immediately, a stricter rule that applies to businesses but not individual owners.
• Oakland: Oakland defers to state law (Penal Code Section 25250) without additional municipal requirements. Reports are filed with the Oakland Police Department.
• San Diego: San Diego’s Municipal Code does not impose unique reporting requirements beyond the state’s five-day rule. Reports are processed through the San Diego Police Department or Sheriff’s Department, depending on the jurisdiction.

In unincorporated county areas, reports are typically handled by the county sheriff’s department. Local variations may include specific forms or procedures, so it’s essential to contact your local law enforcement agency to confirm requirements. You can also check your city or county’s municipal code online or consult resources from the California Department of Justice (https://oag.ca.gov/firearms) for guidance.

Why Reporting Matters

Reporting lost or stolen firearms is critical for public safety. Unreported firearms can end up in the wrong hands, potentially contributing to criminal activity. By promptly reporting, you help law enforcement track missing firearms and prevent their misuse. Additionally, compliance protects you from legal liability and penalties, preserving your rights as a responsible gun owner.

How The Davis Law Firm Can Help

Navigating California’s firearm laws can be daunting, especially when local ordinances add layers of complexity. At The Davis Law Firm, our experienced attorneys specialize in firearm law and are dedicated to protecting the rights of gun owners across the state. Whether you’re facing penalties for non-compliance, need guidance on reporting a lost or stolen firearm, or have questions about local regulations, we are here to provide expert legal advice tailored to your situation.

Call to Action

If you’re a California gun owner seeking clarity on reporting lost or stolen firearms or any other firearm-related legal matter, don’t hesitate to contact The Davis Law Firm. Visit us at www.calgunlawyers.com or call our office to schedule a consultation. Let us help you stay compliant and protect your rights. Contact us today!