Duty to Report Stolen Firearm in Virginia

Virginia requires anyone lawfully in possession of a firearm to report a theft of that firearm (Va. Code §18.2-287.5, Duty to Report Stolen Firearm in Virginia). Failure to timely do so will result in a civil penalty, and the person could potentially be held civilly and/or criminally liable for any acts resulting from the unreported theft.

What is Considered a Firearm?

Anyone Lawfully in Possession of a Firearm Must Report a Theft Immediately

The general definition of a “firearm” in Virginia is “an instrument designed, made, and intended to expel a projectile by means of an explosion.” It is not necessary to prove that the instrument was “operable,” “capable of being fired,” or has the “actual capacity to do serious harm.”

Duty to Report Stolen Firearm in Virginia

Anyone who is lawfully in possession of a firearm has a duty to report a theft of a firearm to a local law-enforcement agency or the Department of State Police within 48 hours of discovering the theft or within 48 hours of being informed by someone of the theft. The law-enforcement agency will then update that information into the National Crime Information Center.

Any person who reports a theft of a firearm in good faith will not be held civilly or criminally liable for damages resulting from the theft.

Violation of Duty to Report Stolen Firearm in Virginia

Failing to report a stolen firearm in Virginia is punished with a civil penalty up to $250.

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