Having a firearm stolen or lost is definitely a troublesome event and it leads to a number of questions.
It’s useful first to understand the practical differences between a firearm that is lost and one that is stolen. A lost firearm is simply that lost you may have left it behind at the range or it fell out of your boat when you’re out fishing or you simply can’t find it in the attic where you know for sure that you left it. A stolen firearm means that the gun owner has been a victim of theft. For example someone broke into your house or into your car and stole your firearm. From a legal liability perspective there is no difference between a firearm that is lost versus stolen in Pennsylvania. There is no law requiring a gun owner to report either a lost or stolen firearm. While it may be prudent to do so, it is not required under the law.
Criminal Liability
The most common question is, “What happens to me if my lost or stolen gun is used in a crime? Am I liable?” In Pennsylvania no criminal liability attaches simply because a gun that belonged to you was used in a crime. You’re not responsible simply because you did not report the gun stolen. In order for criminal liability to attach to you, you must have some culpability in the crime committed. Simply being the owner of a gun that was used is not enough. It however, may be enough for the police to question you about the whereabouts of your gun at the time the crime was committed.
Civil Liability
What about civil liability? Just like criminal liability there’s no civil liability imposed against the gun owner for criminal use of a firearm following a theft regardless of whether or not it is reported. Like with all civil matters, liability may not attach but it won’t stop someone from suing you and requiring you to litigate the issue. If the firearm was lost and later used in a crime and proof of negligence or recklessness in the loss of the firearm can be established, there may be civil liability.
While it’s not the law to report lost or stolen firearms, as a practical matter it may be in your best interest to do so. If you’ve made the report it saves you from having to deal with police inquiry.
Keep in mind that this only applies to firearms that are legitimately lost or stolen. If you are engaged in criminal behavior such as straw purchases, meaning that you buy a firearm for a person who is not legally allowed to purchase or possess, then later reporting the gun is stolen will not protect you from criminal liability.
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