Do My Guns Need To Be Registered

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

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

Groundwork

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

Crime Gun Tracing

Firearm registration laws tin atomic number 82 to the identification and prosecution of violent criminals by helping constabulary enforcement rapidly and reliably "trace" (identify the source of) firearms recovered from crime scenes. Firearm registration laws create comprehensive records of firearm ownership, which include a full description of each firearm and identify the owner. Comprehensive registration laws also crave a firearm to be re-registered whenever title to the firearm is transferred, and law enforcement to be notified whenever the weapon is lost or stolen. Every bit a event, registration laws help law enforcement apace and reliably identify the possessor of whatsoever firearm used in a criminal offense.

Additional information on crime gun tracing, firearm sales reporting requirements and retentivity of firearm sales records is contained in our summary on Maintaining Records of Gun Sales.

Disarming Ineligible People

Firearm registration laws also assistance police force enforcement retrieve firearms from persons who have become legally prohibited from possessing them through criminal convictions or other prohibitions. Comprehensive registration laws crave 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 background checks to ensure that they have non fallen into a class prohibited from possessing firearms. The renewal procedure, therefore, creates an opportunity for police force enforcement to remove illegally possessed firearms.

Gun Owner Accountability

In addition, registration laws help reduce illegal firearm sales and transfers by creating accountability for gun owners. A firearm owner who knows that police force enforcement has the ability to trace the firearm dorsum to him or her may be deterred from transferring the firearm to a potentially dangerous private, and may be encouraged to store his or her firearm safely and so as to forbid unauthorized admission or theft. Registration laws also help 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 than information nearly straw purchases, meet 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.¹ A 2001 report analyzing the firearm tracing data of crime guns recovered in 25 Us cities revealed that states with some grade of both registration and licensing take greater success keeping firearms initially sold by dealers in the state from existence recovered in crimes than states without such systems in place.ⁱⁱ This data suggests that licensing and registration laws arrive more difficult for criminals, juveniles, and other prohibited purchasers to obtain guns, and help ensure that firearm owners remain eligible to possess their weapons. For more information on licensing laws, come across 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 register each gun he or she owns as office of a national gun registry.³ A poll conducted in May 2001 found that 70% of respondents mistakenly believe that a registration system already exists in the United States.⁴

Summary of Federal Law

There is no comprehensive national system of gun registration. In fact, federal police force prohibits the utilize of the National Instant Criminal Background Cheque System (NICS) to create any system of registration of firearms or firearm owners. ⁵

A limited organization of federal firearms registration was created past the National Firearms Act, 26 U.s.a.C. § 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 too be registered under the NFA.^six

In 1986, Congress banned the transfer and possession of machine guns not already in lawful circulation.⁷ Machine guns that were lawfully owned prior to the ban'due south effective date may continue to exist endemic and transferred provided they are registered in accordance with requirements of the National Firearms Act.⁸ Information technology is besides unlawful for a licensed dealer to sell a short-barreled rifle or shotgun to any person, except as specifically authorized by the Chaser General consistent 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 organization created by the National Firearms Deed falls far curt of a comprehensive registration system.

For information about the federal police force relating to firearms tracing, run into our summary on Gun Trafficking & Straw Purchasing.

Summary of Country Law

Six states and the District of Columbia require registration of some or all firearms. Hawaii and the District of Columbia require 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.^x Hawaii, New York, and four other states also accept a registration system for sure highly dangerous firearms, such as assault weapons. These states generally ban such firearms, just allow the connected possession of grandfathered weapons if they were owned before the ban was adopted and are registered. For more information about such laws, run into our summaries on Assault Weapons, l-Quotient Weapons, and Large Capacity Magazines.

Additional states require the reporting of firearm sales and transfers to a country or local agency, which maintains these records. For information about such laws, run across our summary on Maintaining Records of Gun Sales. California and Maryland as well require new residents to study certain firearms that they bring into the state.

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

States that Crave Registration of All Firearms

California*
Hawaii^xi
District of Columbia¹²

*While California does not have a traditional gun registration arrangement, it by and large requires all gun transfers to be processed through a licensed dealer and requires a state law enforcement agency to maintain records of these transfers in a central database. This arrangement functions similarly to a gun registration system. ¹³

Hawaii

Hawaii requires registration of all firearms with the county law chief within five days of conquering. The registration must include: (i) the name of the manufacturer and importer; (two) the model, type of action, quotient or gauge, and serial number of the firearm; and (3) the source from which the firearm was obtained, including the proper name and accost of the previous registrant. In improver, every person who brings a firearm into Hawaii must register the firearm within three days of the inflow of either the person or the firearm, whichever arrives later.^xiv Hawaii does not require renewal of the registration. Hawaii too 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 Commune requires a valid registration certificate for every gun that is purchased, sold, transferred, or possessed in the Commune,¹⁶ many classes of especially unsafe firearms may not be registered. For instance, sawed-off shotguns, machine guns, short-barreled rifles, assault weapons, .fifty BMG rifles, and "unsafe firearms" as defined past District police force, may not be registered.

The District of Columbia requires that an application for registration be fabricated prior to taking possession of a firearm from a licensed dealer or whatever person or organization holding a registration certificate for the firearm. In addition to providing detailed identifying information about the registration bidder and the firearm, applicants are besides required to provide detailed information concerning: 1) whether the applicant has always been denied any firearm-related license, permit or registration certificate and, if and then, the reasons for such deprival; 2) the bidder'south role in any mishap involving a firearm, including the appointment, place, time, circumstances, and names of the persons injured or killed; 3) if the bidder has applied for other registration certificates; and 4) where the firearm generally will exist kept. Applicants undergo a background check conducted by the Chief of Law.

Registration applicants are required to complete a firearm safe course. Registered owners are required to notify the Principal of Constabulary of the loss, theft, or destruction of the registration certificate or of a registered firearm. Registrants must also notify the Principal of the sale, transfer, or other disposition of the firearm inside two business days of such sale, transfer or disposition, and must return the registration certificate for any firearm that has been lost, stolen, destroyed, or otherwise tending of or transferred.¹⁷

States that Require Registration of Handguns

New York^eighteen

New York generally requires anyone wishing to possess a handgun to first obtain a license, post-obit a groundwork check. The license must specify the weapon by quotient, make, model, manufacturer's proper name, and serial number, and must indicate if the handgun may exist carried on the person or possessed in a detail location. A license holder may apply at whatsoever time to his or her licensing officer for subpoena of the license to include more weapons or to cancel weapons held nether license. As of January xv, 2013, such license must be "recertified" with the division of land police every v years. The recertification grade requests the license holder'southward proper name, date of nascence, gender, race, residential accost, social security number, all firearms possessed by such license holder, electronic mail address (at the option of the license holder), and an affirmation that such license holder is not prohibited from possessing firearms. A failure to re-certify results in the revocation of the license.

States that Crave New Residents to Report Their Firearms

California^xix
Maryland^twenty (handguns and assault weapons)

California and Maryland require new residents to provide a report regarding firearms they ain to law enforcement. More specifically, any handgun owner who moves into California from out-of-state on or afterwards Jan 1, 1998, or whatsoever firearm owner who moves into California on or after Jan i, 2014, is accounted a "personal firearm importer." Within 60 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 police force in 2013 that requires whatever new resident to annals all handguns or set on weapons within 90 days of moving into the state.

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

California²¹ (assault weapons and 50 caliber rifles)
Connecticut²² (attack weapons and large capacity magazines)
Hawaii²³ (assail pistols)
Maryland²⁴ (assault pistols)
New Jersey²⁵ (assault weapons)
New York²⁶ (set on weapons)

Six states (California, Connecticut, Hawaii, Maryland, New Jersey, and New York) accept banned assault weapons,²⁷ but let continued possession of such weapons if they were lawfully owned on a specified appointment and are registered, except that grandfathered assault long guns in Maryland practice not need to be registered. In California (the but state that currently bans the possession of 50 caliber rifles) any person who lawfully possessed a 50 caliber rifle before January 1, 2005, must take registered it no later than April 30, 2006, in guild to retain possession of the firearm.²⁸

In 2013, Connecticut enacted legislation which bans large capacity ammunition magazines (capable of property more x rounds), and requires persons lawfully possessing such magazines prior to January one, 2014 to apply with the land before January i, 2014 in guild to maintain possession. A person moving into the state with a large capacity magazine must apply to maintain possession within 90 days.

GET THE FACTS

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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 police from maintaining a registry of whatever firearms. However, many of these prohibitions comprise general categories of exceptions, such every bit records relating to persons who have been bedevilled of a criminal offence.

States that Require Reporting of Gun Sales or Transfers

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

Key Legislative Elements

The features listed beneath 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 endemic 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 three days of moving into the country with a firearm).
Registration includes: name, accost and other identifying information about the owner of the firearm; names of manufacturer and importer; model, type of action, caliber or estimate, and serial number of firearm; and name and accost of source from which firearm was obtained(Hawaii, District of Columbia).
Registered owners are required to renew registration annually, including submitting to a background check(New York requires handgun licensees to recertify their licenses every v years).
Registered owners are required to report any loss, theft or transfer of the registered firearm to law enforcement within a brusque time of the issue and to plow in their registration carte du jour or certificate upon loss, theft or transfer(Commune of Columbia).
Registered owners are required to store all firearms safely and securely.
Additional restrictions may include limitations on where registered firearms may exist possessed and to whom they may exist transferred (particularly relevant for certain classes of firearms such as assault weapons, 50 caliber rifles, and large capacity magazines).

Universal Groundwork Checks

Universal background checks are essential to close deadly loopholes in our laws that allow millions of guns to terminate up in the hands of individuals at an elevated take chances of committing violence each year.

Licensing

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

Firearm Relinquishment

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

Conceptually, licensing is directed to the owner or purchaser of the firearm, while registration is directed to the weapon itself. Every bit shown in this analysis, some jurisdictions incorporate elements of licensing in their registration laws, and vice versa.[↩]
Daniel W. Webster et al.,Relationship Betwixt Licensing, Registration, and Other Gun Sales Laws and the Source Country of Criminal offense Guns, seven 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 but are not comprehensive licensing or registration systems.[↩]
"Public Divided On Assail Weapons Policy" Monmouth University Poll. Sept. nine, 2019 at https://www.monmouth.edu/polling-constitute/reports/monmouthpoll_us_090919/.[↩]
Lake, Snell, Perry & Assembly, Inc. Poll,Educational Fund to Stop Gun Violence (May 15-21, 2001), at http://www.commondreams.org/news2001/0612-05.htm.[↩]
18 U.Southward.C. § 926(a); 28 C.F.R. § 25.9(b)(3).[↩]
26 U.Southward.C. § 5845(a). The Human activity also includes, in a category defined as "whatever other weapon," certain smoothen-bore handguns. 26 U.Due south.C. § 5845(a), (due east). The vast majority of handguns are excluded.[↩]
18 U.South.C. § 922(o).See also 18 U.s.C. § 922(b)(iv). Transfers to or past, or possession by, federal, country or local authorities agencies are exempt.[↩]
Id.The National Firearms Act requires each importer, manufacturer, or dealer in firearms covered by the Act to register annually. 26 U.South.C. § 5802. In addition, anyone wishing to manufacture, make, import, or transfer such weapons must first register them. 26 U.S.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 UsC. § 5841(c). The registry includes: (ane) an identification of the firearm; (2) the date of registration; and (3) the identification and address of the person entitled to possess the firearm. 26 U.Due south.C. §5841(a).See also 27 C.F.R. §§ 479.101, 479.105.[↩]
18 UsC. § 922(b)(4).[↩]
New York'due south licensing police functions as a handgun registration system, with handgun owners existence required to recertify their licenses every five years.[↩]
Haw. Rev. Stat. Ann. §§ 134-three(a), (b), 134-4.[↩]
D.C. Code Ann. §§ vii-2502.01-7-2502.ten; D.C. Mun. Regs. tit. 24, §§ 2311- 2320.[↩]
For more than data, see our summary on Maintaining Records of Gun Sales, and our page on Retentiveness of Sales Records in California.[↩]
Hawaii's registration statute as well provides that all registration data that place the registrant's name or address shall be confidential, except for use past police force enforcement or a use mandated by court gild.[↩]
Hawaii'southward permitting laws are described in our summary on Licensing.[↩]
These registration requirements do not use to anyone holding a valid firearms dealer license, so long as the firearm is caused in the normal course of business, stored at the dealer'due south business location, and is non for the dealer'south personal use or protection.[↩]
Police enforcement personnel, members of the military, licensed dealers and non-residents participating in lawful firearm-related recreational activities are exempt from the registration requirements.[↩]
N.Y. Penal Police §§ 265.00(22)(e)-(f), 265.00(23), 400.00(10), (xvi-a), 400.02.[↩]
Cal. Penal Code §§ 17000, 27560.[↩]
Md. Code Ann., Pub. Safety §§ five-143.[↩]
Cal. Penal Code §§ 30510-30530, 30600-30675, 30900-30965.[↩]
Conn. Gen. Stat. §§ 53-202d(a), 53-202p(a)(one), 53-202q.[↩]
Haw. Rev. Stat. Ann. §§ 134-3(a), (b), 134-4. Hawaii bans assault pistols, but non assault long guns.[↩]
Md. Code Ann., Crim. Law § iv-303. Maryland bans both attack pistols and assault long guns, but merely grandfathered set on pistols must be registered.[↩]
Due north.J. Stat. Ann. §§ 2C:39-5f, 2C:58-12.[↩]
N.Y. Penal Law §§ 265.00(22)(e)-(f), 265.00(23), 400.00(x), (16-a), 400.02.[↩]
Hawaii bans assault pistols, but not assault long guns. DC bans set on weapons and does non allow the continued possession of pre-ban assault weapons.[↩]
D.C. did not gramps 50 caliber rifles owned or possessed at the time the ban was adopted. Boosted information on assault weapons, 50 caliber rifles, and large chapters magazines is contained in our summaries on Attack Weapons, 50-Caliber Weapons, and Big Capacity Magazines, respectively.[↩]
Del. Code Ann. tit 11, § 1448A(d)(1), (iii); Delaware's registration prohibition does not apply to person'due south prohibited from possessing a firearm equally divers under Delaware law.[↩]
Fla. Stat. Ann. § 790.335(2), (iii). Florida'due south prohibition does non employ to records relating to licenses to carry concealed firearms. Florida law contains a number of other exceptions to the prohibition, including simply not limited to: records of firearms that have been used in committing a crime, records relating to any person who has been convicted of a crime, records of firearms that accept been reported stolen, or records that must exist retained past firearm dealers under federal law.[↩]
Ga. Code Ann. § xvi-11-129(a). Georgia'south registration prohibition applies to the application process to obtain a license to comport and prohibits the awarding form from requesting information that could be used as ade facto registration.[↩]
Idaho Const., art. i, § 11. Idaho's prohibition is part of the state'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'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 v. Rendell, 860 A.2nd ten (Pa. 2004), that the statute did not prohibit Pennsylvania's database of handgun sales.[↩]
R.I. Gen. Laws § 11-47-41. Rhode Island's prohibition does non apply to firearms that have been used in committing any law-breaking of violence, or to any person who has been bedevilled of a crime of violence.[↩]
S.D. Codified Laws § 23-7-8.6.[↩]
Tenn. Code Ann. § 39-17-1367(b).[↩]
Vt. Stat. Ann. tit. twenty, § 8(b)(three)(B).[↩]
The about comprehensive organization 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.[↩]