Are You Supposed To Register Your Weapons

Firearm registration systems are a useful method of curbing illegal gun activity and encouraging responsible gun practices.

Laws requiring gun owners to annals their firearms ensure gun owner accountability and help police enforcement solve crimes and disarm criminals. Despite the clear advantages inherent in registration laws, few states accept such laws on the books—and some prohibit them outright.

Background

Firearm registration laws require individuals to record their buying of a firearm with a designated police force enforcement agency. These laws enable law enforcement to place, disarm, and prosecute tearing criminals and people illegally in possession of firearms. Registration systems also create accountability for firearm owners and discourage illegal sales. Information generated past firearm registration systems can also assistance protect law enforcement officers responding to an incident by providing them with information about whether firearms may be present at the scene and, if so, how many and what types.

Law-breaking Gun Tracing

Firearm registration laws tin lead to the identification and prosecution of violent criminals by helping law enforcement apace and reliably "trace" (identify the source of) firearms recovered from criminal offense scenes. Firearm registration laws create comprehensive records of firearm ownership, which include a full description of each firearm and place the owner. Comprehensive registration laws as well require a firearm to be re-registered whenever title to the firearm is transferred, and police enforcement to exist notified whenever the weapon is lost or stolen. Every bit a result, registration laws aid law enforcement quickly and reliably identify the owner of whatsoever firearm used in a crime.

Additional data on criminal offence gun tracing, firearm sales reporting requirements and retention of firearm sales records is contained in our summary on Maintaining Records of Gun Sales.

Disarming Ineligible People

Firearm registration laws also help law enforcement retrieve firearms from persons who have become legally prohibited from possessing them through criminal convictions or other prohibitions. Comprehensive registration laws require gun owners to renew their registration annually or explain why they should no longer be legally responsible for the weapon. During the renewal procedure, owners undergo additional groundwork checks to ensure that they accept not fallen into a class prohibited from possessing firearms. The renewal process, therefore, creates an opportunity for law enforcement to remove illegally possessed firearms.

Gun Owner Accountability

In addition, registration laws assist reduce illegal firearm sales and transfers past creating accountability for gun owners. A firearm owner who knows that law enforcement has the ability to trace the firearm back to him or her may be deterred from transferring the firearm to a potentially dangerous individual, and may be encouraged to shop his or her firearm safely so as to preclude unauthorized admission or theft. Registration laws also assistance deter "straw purchases," in which an eligible person purchases a firearm on behalf of an ineligible person or a person who wants to avoid having the gun traced back to him or her. For more information nearly straw purchases, see our summary on Gun Trafficking & Straw Purchasing.

Combining Registration with Licensing

Registration laws are most effective when combined with laws requiring licensing of firearm owners and purchasers.ⁱ A 2001 study analyzing the firearm tracing data of crime guns recovered in 25 US cities revealed that states with some form of both registration and licensing have greater success keeping firearms initially sold by dealers in the land from being recovered in crimes than states without such systems in place.² This data suggests that licensing and registration laws brand it more hard for criminals, juveniles, and other prohibited purchasers to obtain guns, and help ensure that firearm owners remain eligible to possess their weapons. For more data on licensing laws, see our summary on Licensing.

Public Support

The American public strongly supports laws requiring gun registration.A nationwide survey conducted in August 2019 found that 62% of respondents favor laws requiring every gun owner to annals each gun he or she owns as part of a national gun registry.³ A poll conducted in May 2001 found that 70% of respondents mistakenly believe that a registration arrangement already exists in the United states.⁴

Summary of Federal Law

There is no comprehensive national arrangement of gun registration. In fact, federal police force prohibits the apply of the National Instant Criminal Groundwork Check Organization (NICS) to create any system of registration of firearms or firearm owners. ⁵

A express organization of federal firearms registration was created past the National Firearms Act, 26 UsC. § 5801et seq. The National Firearms Act (NFA) was enacted in 1934 to impose an excise tax and registration requirements on a narrow category of firearms, including machine guns, short-barreled shotguns or rifles, and silencers, and these weapons must besides exist registered under the NFA.⁶

In 1986, Congress banned the transfer and possession of machine guns not already in lawful circulation.⁷ Auto guns that were lawfully owned prior to the ban's effective date may proceed to exist owned and transferred provided they are registered in accord with requirements of the National Firearms Act.^viii It is also unlawful for a licensed dealer to sell a brusk-barreled rifle or shotgun to whatever person, except as specifically authorized past the Attorney General consequent with public condom and necessity.⁹

With its provisions effectively limited to pre-ban machine guns and transfers of short-barreled rifles and shotguns that are specifically authorized by the attorney general, the registration organisation created by the National Firearms Act falls far short of a comprehensive registration organization.

For information well-nigh the federal law relating to firearms tracing, see our summary on Gun Trafficking & Straw Purchasing.

Summary of State Law

Six states and the District of Columbia require registration of some or all firearms. Hawaii and the District of Columbia crave the registration of all firearms, California maintains a database of gun transfer records, and New York requires the registration of all handguns through its licensing law.¹⁰ Hawaii, New York, and four other states too accept a registration system for certain highly dangerous firearms, such as attack weapons. These states mostly ban such firearms, merely let the connected possession of grandfathered weapons if they were owned earlier the ban was adopted and are registered. For more information about such laws, see our summaries on Assault Weapons, 50-Quotient Weapons, and Big Capacity Magazines.

Additional states require the reporting of firearm sales and transfers to a country or local bureau, which maintains these records. For information about such laws, see our summary on Maintaining Records of Gun Sales. California and Maryland too crave new residents to report certain firearms that they bring into the land.

Conversely, eight states have statutes prohibiting them from maintaining a registry of firearms except in limited circumstances.

States that Crave Registration of All Firearms

California*
Hawaii¹¹
Commune of Columbia¹²

*While California does not have a traditional gun registration arrangement, it generally requires all gun transfers to exist processed through a licensed dealer and requires a land police enforcement agency to maintain records of these transfers in a cardinal database. This arrangement functions similarly to a gun registration system. ^thirteen

Hawaii

Hawaii requires registration of all firearms with the canton police chief within five days of acquisition. The registration must include: (one) the name of the manufacturer and importer; (two) the model, type of activeness, caliber or gauge, and series number of the firearm; and (3) the source from which the firearm was obtained, including the proper name and address of the previous registrant. In improver, every person who brings a firearm into Hawaii must register the firearm within iii days of the arrival of either the person or the firearm, whichever arrives later.^xiv Hawaii does not require renewal of the registration. Hawaii also has a licensing scheme, requiring that all firearm purchasers obtain a permit prior to acquisition.¹⁵

The District of Columbia

The District of Columbia's registration law limits the availability of many classes of firearms within the District. While the District requires a valid registration certificate for every gun that is purchased, sold, transferred, or possessed in the District,¹⁶ many classes of particularly dangerous firearms may not exist registered. For example, sawed-off shotguns, machine guns, short-barreled rifles, assail weapons, .50 BMG rifles, and "dangerous firearms" equally defined past District law, may non be registered.

The Commune of Columbia requires that an application for registration exist made prior to taking possession of a firearm from a licensed dealer or whatsoever person or organization holding a registration certificate for the firearm. In addition to providing detailed identifying information most the registration applicant and the firearm, applicants are also required to provide detailed information apropos: ane) whether the applicant has e'er been denied any firearm-related license, allow or registration certificate and, if so, the reasons for such denial; 2) the applicant's role in any mishap involving a firearm, including the date, identify, fourth dimension, circumstances, and names of the persons injured or killed; three) if the bidder has applied for other registration certificates; and 4) where the firearm mostly will be kept. Applicants undergo a groundwork check conducted past the Chief of Police force.

Registration applicants are required to complete a firearm condom course. Registered owners are required to notify the Main of Law of the loss, theft, or devastation of the registration certificate or of a registered firearm. Registrants must as well notify the Chief of the sale, transfer, or other disposition of the firearm within two concern days of such sale, transfer or disposition, and must return the registration certificate for any firearm that has been lost, stolen, destroyed, or otherwise disposed of or transferred.¹⁷

States that Crave Registration of Handguns

New York¹⁸

New York generally requires anyone wishing to possess a handgun to offset obtain a license, post-obit a background check. The license must specify the weapon by caliber, brand, model, manufacturer's name, and serial number, and must point if the handgun may be carried on the person or possessed in a detail location. A license holder may apply at whatsoever time to his or her licensing officeholder for amendment of the license to include more weapons or to cancel weapons held nether license. As of January xv, 2013, such license must exist "recertified" with the division of state law every five years. The recertification form requests the license holder's name, date of birth, gender, race, residential accost, social security number, all firearms possessed by such license holder, email accost (at the choice of the license holder), and an affirmation that such license holder is non prohibited from possessing firearms. A failure to re-certify results in the revocation of the license.

States that Crave New Residents to Written report Their Firearms

California^xix
Maryland²⁰ (handguns and assail weapons)

California and Maryland crave new residents to provide a report regarding firearms they ain to police enforcement. More specifically, any handgun owner who moves into California from out-of-state on or later on January 1, 1998, or any firearm owner who moves into California on or later on January i, 2014, is deemed a "personal firearm importer." Within threescore days, the person must sell or transfer the firearm through a licensed dealer or to a sheriff or police department, or provide a report to DOJ regarding the firearm. Maryland enacted a similar law in 2013 that requires any new resident to register all handguns or assault weapons within xc days of moving into the state.

States that Require Registration of Pre-Ban Assault Weapons, 50 Caliber Rifles, or Large Capacity Magazines

California²¹ (assault weapons and 50 caliber rifles)
Connecticut²² (set on weapons and large capacity magazines)
Hawaii²³ (assault pistols)
Maryland²⁴ (assault pistols)
New Bailiwick of jersey²⁵ (assail weapons)
New York²⁶ (attack weapons)

6 states (California, Connecticut, Hawaii, Maryland, New Bailiwick of jersey, and New York) take banned assault weapons,²⁷ but allow connected possession of such weapons if they were lawfully owned on a specified date and are registered, except that grandfathered assault long guns in Maryland do not need to be registered. In California (the simply state that currently bans the possession of fifty quotient rifles) any person who lawfully possessed a 50 caliber rifle before Jan 1, 2005, must have registered it no after than Apr thirty, 2006, in gild to retain possession of the firearm.²⁸

In 2013, Connecticut enacted legislation which bans large capacity armament magazines (capable of holding more than 10 rounds), and requires persons lawfully possessing such magazines prior to January 1, 2014 to use with the state before January i, 2014 in gild to maintain possession. A person moving into the state with a big chapters magazine must apply to maintain possession inside xc days.

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States that Prohibit Registries of Firearms

Delaware²⁹
Florida³⁰
Georgia³¹
Idaho³²
Pennsylvania (long guns only)³³
Rhode Island³⁴
South Dakota³⁵
Tennesse³⁶
Vermont³⁷

Eight states are explicitly prohibited past constabulary from maintaining a registry of any firearms. Withal, many of these prohibitions contain general categories of exceptions, such as records relating to persons who have been convicted of a crime.

States that Require Reporting of Gun Sales or Transfers

Many states require the reporting of firearm sales and transfers to a land or local agency, which maintains these records. For information about such laws, see our summary on Maintaining Records of Gun Sales.

Key Legislative Elements

The features listed below are intended to provide a framework from which policy options may be considered.³⁸ A jurisdiction considering new legislation should consult with counsel.

Registration is required for all firearms prior to taking possession, or, in the case of firearms already owned or brought into the jurisdiction, immediately after the firearm is brought into the jurisdiction or the effective date of the law(District of Columbia; Hawaii requires registration within 5 days of acquisition of firearm and within iii days of moving into the land with a firearm).
Registration includes: name, accost and other identifying information about the possessor of the firearm; names of manufacturer and importer; model, type of activeness, caliber or gauge, and serial number of firearm; and proper name and address of source from which firearm was obtained(Hawaii, District of Columbia).
Registered owners are required to renew registration annually, including submitting to a background bank check(New York requires handgun licensees to recertify their licenses every five years).
Registered owners are required to report any loss, theft or transfer of the registered firearm to police force enforcement within a short fourth dimension of the event and to plough in their registration card or certificate upon loss, theft or transfer(Commune of Columbia).
Registered owners are required to shop all firearms safely and deeply.
Additional restrictions may include limitations on where registered firearms may exist possessed and to whom they may be transferred (particularly relevant for sure classes of firearms such equally assault weapons, fifty caliber rifles, and large chapters magazines).

Universal Groundwork Checks

Universal background checks are essential to close deadly loopholes in our laws that allow millions of guns to cease upwards in the easily of individuals at an elevated risk of committing violence each yr.

Licensing

Licensing laws are rubber measures proven to promote safe gun ownership and reduce gun deaths.

Firearm Relinquishment

Firearm relinquishment laws are disquisitional to prevent people from remaining illegally armed subsequently they've become legally ineligible to possess firearms.

Conceptually, licensing is directed to the possessor or purchaser of the firearm, while registration is directed to the weapon itself. As shown in this analysis, some jurisdictions contain elements of licensing in their registration laws, and vice versa.[↩]
Daniel Westward. Webster et al.,Human relationship Between Licensing, Registration, and Other Gun Sales Laws and the Source Land of Offense Guns, 7 Inj. Prevention 184, 188-89 (2001). The study included jurisdictions with concealed carry permits and dealer sales reporting, which have elements of licensing or registration just are not comprehensive licensing or registration systems.[↩]
"Public Divided On Assail Weapons Policy" Monmouth Academy Poll. Sept. nine, 2019 at https://world wide web.monmouth.edu/polling-constitute/reports/monmouthpoll_us_090919/.[↩]
Lake, Snell, Perry & Associates, Inc. Poll,Educational Fund to End Gun Violence (May 15-21, 2001), at http://www.commondreams.org/news2001/0612-05.htm.[↩]
xviii UsaC. § 926(a); 28 C.F.R. § 25.9(b)(3).[↩]
26 U.Due south.C. § 5845(a). The Act likewise includes, in a category divers equally "any other weapon," certain polish-bore handguns. 26 U.S.C. § 5845(a), (due east). The vast majority of handguns are excluded.[↩]
eighteen U.Southward.C. § 922(o).See also 18 U.S.C. § 922(b)(four). Transfers to or past, or possession by, federal, land or local government agencies are exempt.[↩]
Id.The National Firearms Deed requires each importer, manufacturer, or dealer in firearms covered by the Act to register annually. 26 UsC. § 5802. In addition, anyone wishing to industry, make, import, or transfer such weapons must offset register them. 26 U.s.a.C. §5841(b). The transferee of any of these weapons cannot take possession until the Secretary approves the transfer and registration of the weapon to the transferee. 26 U.s.a.C. § 5841(c). The registry includes: (ane) an identification of the firearm; (ii) the engagement of registration; and (3) the identification and address of the person entitled to possess the firearm. 26 U.S.C. §5841(a).Meet as well 27 C.F.R. §§ 479.101, 479.105.[↩]
18 U.S.C. § 922(b)(4).[↩]
New York's licensing police force functions as a handgun registration system, with handgun owners being required to recertify their licenses every five years.[↩]
Haw. Rev. Stat. Ann. §§ 134-3(a), (b), 134-4.[↩]
D.C. Code Ann. §§ 7-2502.01-seven-2502.x; D.C. Mun. Regs. tit. 24, §§ 2311- 2320.[↩]
For more information, see our summary on Maintaining Records of Gun Sales, and our page on Retentivity of Sales Records in California.[↩]
Hawaii'due south registration statute likewise provides that all registration data that identify the registrant'south name or address shall be confidential, except for employ by law enforcement or a use mandated by court order.[↩]
Hawaii'south permitting laws are described in our summary on Licensing.[↩]
These registration requirements do not utilize to anyone holding a valid firearms dealer license, so long as the firearm is caused in the normal course of concern, stored at the dealer'south concern location, and is not for the dealer'due south personal use or protection.[↩]
Law enforcement personnel, members of the military, licensed dealers and not-residents participating in lawful firearm-related recreational activities are exempt from the registration requirements.[↩]
N.Y. Penal Constabulary §§ 265.00(22)(e)-(f), 265.00(23), 400.00(x), (16-a), 400.02.[↩]
Cal. Penal Lawmaking §§ 17000, 27560.[↩]
Doctor. Lawmaking Ann., Pub. Safety §§ v-143.[↩]
Cal. Penal Code §§ 30510-30530, 30600-30675, 30900-30965.[↩]
Conn. Gen. Stat. §§ 53-202d(a), 53-202p(a)(1), 53-202q.[↩]
Haw. Rev. Stat. Ann. §§ 134-3(a), (b), 134-4. Hawaii bans assail pistols, merely not assault long guns.[↩]
Md. Code Ann., Crim. Police force § four-303. Maryland bans both assault pistols and assault long guns, but only grandfathered assault pistols must be registered.[↩]
N.J. Stat. Ann. §§ 2C:39-5f, 2C:58-12.[↩]
N.Y. Penal Law §§ 265.00(22)(e)-(f), 265.00(23), 400.00(10), (16-a), 400.02.[↩]
Hawaii bans assault pistols, but not assault long guns. DC bans attack weapons and does not allow the connected possession of pre-ban assail weapons.[↩]
D.C. did non grandfather 50 caliber rifles owned or possessed at the fourth dimension the ban was adopted. Boosted information on assault weapons, 50 caliber rifles, and large capacity magazines is contained in our summaries on Set on Weapons, 50-Caliber Weapons, and Large Capacity Magazines, respectively.[↩]
Del. Code Ann. tit eleven, § 1448A(d)(1), (three); Delaware's registration prohibition does not apply to person's prohibited from possessing a firearm as defined under Delaware law.[↩]
Fla. Stat. Ann. § 790.335(2), (3). Florida's prohibition does non apply to records relating to licenses to carry concealed firearms. Florida constabulary contains a number of other exceptions to the prohibition, including but not limited to: records of firearms that accept been used in committing a crime, records relating to any person who has been convicted of a criminal offence, records of firearms that accept been reported stolen, or records that must be retained by firearm dealers nether federal law.[↩]
Ga. Lawmaking Ann. § 16-11-129(a). Georgia's registration prohibition applies to the application process to obtain a license to acquit and prohibits the application form from requesting information that could be used as ade facto registration.[↩]
Idaho Const., art. 1, § eleven. Idaho's prohibition is part of the country's constitution and mandates that "No law shall impose licensure, registration or special taxation on the ownership or possession of firearms or ammunition."[↩]
18 Pa. Cons. Stat. § 6111.4. Although Pennsylvania'due south statute appears to prohibit the country from maintaining a registry of whatever firearms, the Pennsylvania Supreme Court ruled in Allegheny Canton Sportsmen's League five. Rendell, 860 A.second x (Pa. 2004), that the statute did not prohibit Pennsylvania'due south database of handgun sales.[↩]
R.I. Gen. Laws § 11-47-41. Rhode Island's prohibition does not use to firearms that have been used in committing any law-breaking of violence, or to whatever person who has been convicted of a offense of violence.[↩]
Southward.D. Codification Laws § 23-7-8.6.[↩]
Tenn. Code Ann. § 39-17-1367(b).[↩]
Vt. Stat. Ann. tit. xx, § 8(b)(3)(B).[↩]
The most comprehensive system of regulating the purchase, possession and ownership of firearms combines licensing of gun owners with registration of all firearms. Additional information on licensing of firearm owners is contained in our summary on Licensing.[↩]