The person that has this gun should really just give it back.
Being offered that much of a pass is... Well, rare.
I've taken phone calls from people that want to press charges because someone stole their $20 hoodie...
You're being offered a HUGE break... Take the break, give the gun back, apologize, and be ever so thankful you don't have a very bad mark on your record...
(1) A person commits theft when he knowingly obtains or exercises control over anything of value of another without authorization, or by threat or deception, and:
(a) Intends to deprive the other person permanently of the use or benefit of the thing of value; or
(b) Knowingly uses, conceals, or abandons the thing of value in such manner as to deprive the other person permanently of its use or benefit; or
(c) Uses, conceals, or abandons the thing of value intending that such use, concealment, or abandonment will deprive the other person permanently of its use and benefit; or
(d) Demands any consideration to which he is not legally entitled as a condition of restoring the thing of value to the other person.
(1.5) For the purposes of this section, a thing of value is that of "another" if anyone other than the defendant has a possessory or proprietary interest therein.
(2) Theft is:
(a) (Deleted by amendment, L. 2007, p. 1690, § 3, effective July 1, 2007.)
(b) A class 2 misdemeanor if the value of the thing involved is less than five hundred dollars;
(b.5) A class 1 misdemeanor if the value of the thing involved is five hundred dollars or more but less than one thousand dollars;
(c) A class 4 felony if the value of the thing involved is one thousand dollars or more but less than twenty thousand dollars;
(d) A class 3 felony if the value of the thing involved is twenty thousand dollars or more.
Do you want that?