What do I have to do if my gun is lost or stolen in California?

The duty falls on "every person" for a firearm that person "owns or possesses." The five days run from the time the person "knew or reasonably should have known" the firearm was stolen or lost, not from the date of the theft itself (Penal Code 25250(a)).

The statute names the recipient, a local law enforcement agency for the place where the loss or theft occurred, and the content of the report. It does not prescribe a form or say whether the report is made in person, by phone, or online (Penal Code 25250, 25270). Beyond that, the statute leaves the details to "the local law enforcement agency taking the report" (Penal Code 25270).

The person reporting must give the make, model, and serial number "if known by the person," along with any other relevant information the agency asks for (Penal Code 25270).

The sheriff or police chief must submit a description of the firearm directly into the Department of Justice (DOJ) Automated Firearms System (Penal Code 25260). A separate section gives agencies seven calendar days to make that entry and says the entry stays in the system until the firearm is found or recovered, or the record is found to be an error (Penal Code 11108.2).

Penal Code 25255 lists four groups:

• Law enforcement agencies and peace officers acting in the course of their duties, if the officer reports the loss or theft to the employing agency.
• U.S. marshals and members of the Armed Forces or National Guard while engaged in official duties.
• Federal firearms licensees who report under federal law. Federal law gives a licensee 48 hours after discovery to report a theft or loss from inventory (18 U.S.C. 923(g)(6)).
• Any person whose firearm was lost or stolen before July 1, 2017.

Antique firearms, as defined in Penal Code 16170(c), are also outside the reporting duty (Penal Code 25250(c)).

Penal Code 25265 sets three steps:

1. First violation: an infraction, fine up to $100.
2. Second violation: an infraction, fine up to $1,000.
3. Third or later violation: a misdemeanor, up to six months in county jail, a fine up to $1,000, or both.

Reporting a firearm lost or stolen to a local law enforcement agency, knowing the report is false, is an infraction: a fine up to $250 for a first offense and up to $1,000 for a later one. That section does not prevent prosecution under other laws (Penal Code 25275), and Penal Code 148.5(f) makes a knowingly false lost-or-stolen firearm report to the officers it lists a misdemeanor.

If you find the firearm yourself, the law requires notice to the same local agency within five days (Penal Code 25250(b)).

If a court or law enforcement agency has the firearm, DOJ says the owner submits a Law Enforcement Gun Release application. DOJ lists the fee as $20 for the first firearm and $3 for each additional one, and says the fee is waived for a firearm that was reported stolen when the application includes documentation from the court or agency confirming the stolen report. DOJ also runs an eligibility check (DOJ FAQ).