Reporting Lost and Stolen Firearms
Virginia law requires anyone who is in lawful possession of a firearm to report its loss or theft. Failure to timely do so will result in a civil penalty (Va. Code §18.2-287.5). Additionally, the person could be held criminally or civilly liable for any acts resulting from the unreported loss or theft of a firearm.
What is Considered a Firearm in Virginia?
Reporting Lost and Stolen Firearms in Virginia is Required by Law
A “firearm” in Virginia is an instrument that was designed, made, and intended to expel a projectile by means of an explosion. The Commonwealth is not required to prove that the weapon was operable, capable of being fired, or had the actual capacity to do serious harm in order to prove that it was a firearm.
Reporting Lost and Stolen Firearms in Virginia
Anyone who is in lawful possession of a firearm is required by law to report its loss or theft to a local law-enforcement agency or the Department of State Police within 48 hours of discovering or being informed of the loss or theft. The law-enforcement agency will then update that information into the National Crime Information Center.
Any person who, in good faith, reports a loss or theft of a firearm will not be held criminally or civilly liable for damages resulting from the loss or theft. However, this does not apply to a person who makes a false police report or falsely summons a law-enforcement officer. A person so doing can be charged with a crime under Va. Code §18.2-461.
This reporting requirement does not apply to the loss or theft of an antique firearm.
Penalty for Not Reporting Lost and Stolen Firearms in Virginia
Failure to timely report a stolen or lost firearm in Virginia is punished with a civil penalty up to $250.
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