What Does Registering A Firearm Mean

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 articulate 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 tape their ownership of a firearm with a designated police force enforcement agency. These laws enable law enforcement to identify, disarm, and prosecute violent criminals and people illegally in possession of firearms. Registration systems also create accountability for firearm owners and discourage illegal sales. Data generated by firearm registration systems tin also help protect law enforcement officers responding to an incident by providing them with information near whether firearms may be present at the scene and, if so, how many and what types.

Crime Gun Tracing

Firearm registration laws tin lead to the identification and prosecution of violent criminals by helping law enforcement quickly 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 clarification of each firearm and place the owner. Comprehensive registration laws also require a firearm to exist re-registered whenever title to the firearm is transferred, and constabulary enforcement to be notified whenever the weapon is lost or stolen. As a outcome, registration laws help police enforcement rapidly and reliably identify the owner of any firearm used in a criminal offence.

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

Convincing Ineligible People

Firearm registration laws as well aid police enforcement recollect 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 explicate why they should no longer be legally responsible for the weapon. During the renewal process, owners undergo additional groundwork checks to ensure that they have not fallen into a class prohibited from possessing firearms. The renewal procedure, therefore, creates an opportunity for law enforcement to remove illegally possessed firearms.

Gun Owner Accountability

In add-on, registration laws help reduce illegal firearm sales and transfers past creating accountability for gun owners. A firearm possessor who knows that constabulary enforcement has the ability to trace the firearm back to him or her may exist deterred from transferring the firearm to a potentially unsafe individual, and may be encouraged to shop his or her firearm safely and so as to preclude unauthorized access 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 avert having the gun traced back to him or her. For more information most straw purchases, see our summary on Gun Trafficking & Harbinger Purchasing.

Combining Registration with Licensing

Registration laws are nigh effective when combined with laws requiring licensing of firearm owners and purchasers.¹ A 2001 report analyzing the firearm tracing data of law-breaking guns recovered in 25 US cities revealed that states with some form of both registration and licensing accept greater success keeping firearms initially sold by dealers in the state from being recovered in crimes than states without such systems in place.ⁱⁱ This information suggests that licensing and registration laws brand it more than difficult for criminals, juveniles, and other prohibited purchasers to obtain guns, and aid ensure that firearm owners remain eligible to possess their weapons. For more information on licensing laws, encounter our summary on Licensing.

Public Support

The American public strongly supports laws requiring gun registration.A nationwide survey conducted in Baronial 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 lxx% of respondents mistakenly believe that a registration system already exists in the Us.⁴

Summary of Federal Law

There is no comprehensive national organisation of gun registration. In fact, federal law prohibits the use of the National Instant Criminal Background Check Arrangement (NICS) to create any system of registration of firearms or firearm owners. ^five

A limited organization of federal firearms registration was created by the National Firearms Act, 26 UsC. § 5801et seq. The National Firearms Act (NFA) was enacted in 1934 to impose an excise revenue enhancement and registration requirements on a narrow category of firearms, including machine guns, brusque-barreled shotguns or rifles, and silencers, and these weapons must likewise be registered under the NFA.^{half dozen}

In 1986, Congress banned the transfer and possession of machine guns non already in lawful circulation.⁷ Machine guns that were lawfully owned prior to the ban's effective engagement may proceed to be owned and transferred provided they are registered in accordance with requirements of the National Firearms Human action.⁸ It is also unlawful for a licensed dealer to sell a short-barreled rifle or shotgun to whatever person, except every bit specifically authorized by the Attorney General consistent with public condom and necessity.⁹

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

For information about the federal law relating to firearms tracing, see our summary on Gun Trafficking & Harbinger Purchasing.

Summary of State Law

Half dozen states and the District of Columbia require registration of some or all firearms. Hawaii and the Commune 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.¹⁰ Hawaii, New York, and iv other states also take a registration system for certain highly dangerous firearms, such every bit assault weapons. These states generally ban such firearms, but allow the continued possession of grandfathered weapons if they were endemic earlier the ban was adopted and are registered. For more information nigh such laws, see our summaries on Set on Weapons, 50-Caliber Weapons, and Large Capacity Magazines.

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

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

States that Require Registration of All Firearms

• California*
• Hawaii¹¹
• Commune of Columbia¹²

*While California does not take a traditional gun registration system, it generally requires all gun transfers to be processed through a licensed dealer and requires a country police force enforcement bureau to maintain records of these transfers in a central database. This system functions similarly to a gun registration system. ¹³

Hawaii

Hawaii requires registration of all firearms with the county law main within v days of acquisition. The registration must include: (one) the name of the manufacturer and importer; (2) the model, type of action, quotient or gauge, and series number of the firearm; and (iii) the source from which the firearm was obtained, including the proper noun and address of the previous registrant. In improver, every person who brings a firearm into Hawaii must register the firearm within three days of the arrival of either the person or the firearm, whichever arrives afterward.¹⁴ Hawaii does non crave renewal of the registration. Hawaii besides has a licensing scheme, requiring that all firearm purchasers obtain a let prior to acquisition.^fifteen

The District of Columbia

The District of Columbia'due south registration police 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 especially dangerous firearms may not be registered. For example, sawed-off shotguns, machine guns, curt-barreled rifles, assault weapons, .50 BMG rifles, and "unsafe firearms" as divers by District law, may not be registered.

The District of Columbia requires that an awarding for registration be fabricated prior to taking possession of a firearm from a licensed dealer or any person or organization property a registration certificate for the firearm. In addition to providing detailed identifying information most the registration applicant and the firearm, applicants are likewise required to provide detailed information concerning: 1) whether the applicant has ever been denied whatsoever firearm-related license, permit or registration certificate and, if so, the reasons for such deprival; 2) the bidder's office in any mishap involving a firearm, including the engagement, place, time, circumstances, and names of the persons injured or killed; 3) if the applicant has applied for other registration certificates; and four) where the firearm more often than not volition be kept. Applicants undergo a background cheque conducted by the Principal of Police.

Registration applicants are required to complete a firearm prophylactic form. Registered owners are required to notify the Chief of Law of the loss, theft, or destruction of the registration certificate or of a registered firearm. Registrants must also notify the Chief of the auction, transfer, or other disposition of the firearm within ii business days of such sale, transfer or disposition, and must return the registration document for whatever firearm that has been lost, stolen, destroyed, or otherwise tending of or transferred.¹⁷

States that Require Registration of Handguns

• New York^xviii

New York generally requires anyone wishing to possess a handgun to outset obtain a license, following a background check. The license must specify the weapon past caliber, make, model, manufacturer'south 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 any fourth dimension to his or her licensing officer for amendment of the license to include more weapons or to cancel weapons held under license. As of January 15, 2013, such license must exist "recertified" with the division of country police every five years. The recertification class requests the license holder's name, date of nascency, gender, race, residential address, social security number, all firearms possessed by such license holder, email accost (at the selection 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 Require New Residents to Written report Their Firearms

• California¹⁹
• Maryland^twenty (handguns and assault weapons)

California and Maryland crave new residents to provide a report regarding firearms they own to law enforcement. More than specifically, any handgun owner who moves into California from out-of-state on or after January 1, 1998, or any firearm possessor who moves into California on or later Jan ane, 2014, is deemed a "personal firearm importer." Inside sixty days, the person must sell or transfer the firearm through a licensed dealer or to a sheriff or police section, or provide a study to DOJ regarding the firearm. Maryland enacted a similar law in 2013 that requires any new resident to register all handguns or assail weapons within 90 days of moving into the land.

States that Require Registration of Pre-Ban Set on Weapons, l Caliber Rifles, or Large Capacity Magazines

• California²¹ (assault weapons and 50 quotient rifles)
• Connecticut²² (assault weapons and large chapters magazines)
• Hawaii²³ (assault pistols)
• Maryland²⁴ (assault pistols)
• New Bailiwick of jersey²⁵ (assault weapons)
• New York²⁶ (assault weapons)

Vi states (California, Connecticut, Hawaii, Maryland, New Jersey, and New York) take banned assault weapons,²⁷ but let continued possession of such weapons if they were lawfully endemic on a specified engagement and are registered, except that grandfathered assault long guns in Maryland do not need to be registered. In California (the only state that currently bans the possession of 50 caliber rifles) whatever person who lawfully possessed a 50 caliber burglarize before Jan 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 holding more than 10 rounds), and requires persons lawfully possessing such magazines prior to January i, 2014 to apply with the state earlier January 1, 2014 in social club to maintain possession. A person moving into the state with a large capacity 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

Viii states are explicitly prohibited by police from maintaining a registry of whatever firearms. However, many of these prohibitions incorporate general categories of exceptions, such as records relating to persons who have been convicted of a crime.

States that Crave Reporting of Gun Sales or Transfers

Many states crave the reporting of firearm sales and transfers to a state or local agency, which maintains these records. For information about such laws, run into 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 exist 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 police force(Commune of Columbia; Hawaii requires registration within v days of acquisition of firearm and within 3 days of moving into the country with a firearm).
• Registration includes: name, accost and other identifying information near the owner of the firearm; names of manufacturer and importer; model, type of action, caliber or gauge, and serial number of firearm; and 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 law enforcement within a curt time of the result and to turn in their registration card or certificate upon loss, theft or transfer(District of Columbia).
• Registered owners are required to shop all firearms safely and securely.
• Additional restrictions may include limitations on where registered firearms may be possessed and to whom they may be transferred (peculiarly relevant for certain classes of firearms such as assail weapons, 50 caliber rifles, and large capacity magazines).

Universal Background Checks

Universal groundwork checks are essential to shut deadly loopholes in our laws that allow millions of guns to finish up in the hands of individuals at an elevated gamble of committing violence each year.

Licensing

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

Firearm Relinquishment

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

1. Conceptually, licensing is directed to the owner or purchaser of the firearm, while registration is directed to the weapon itself. As shown in this analysis, some jurisdictions incorporate elements of licensing in their registration laws, and vice versa.[↩]
2. Daniel W. Webster et al.,Relationship Between Licensing, Registration, and Other Gun Sales Laws and the Source State of Criminal offence Guns, 7 Inj. Prevention 184, 188-89 (2001). The study included jurisdictions with concealed deport permits and dealer sales reporting, which have elements of licensing or registration but are non comprehensive licensing or registration systems.[↩]
3. "Public Divided On Attack Weapons Policy" Monmouth University Poll. Sept. 9, 2019 at https://www.monmouth.edu/polling-institute/reports/monmouthpoll_us_090919/.[↩]
4. Lake, Snell, Perry & Assembly, Inc. Poll,Educational Fund to Stop Gun Violence (May fifteen-21, 2001), at http://www.commondreams.org/news2001/0612-05.htm.[↩]
5. eighteen U.S.C. § 926(a); 28 C.F.R. § 25.nine(b)(3).[↩]
6. 26 U.S.C. § 5845(a). The Human action likewise includes, in a category defined every bit "any other weapon," sure smoothen-bore handguns. 26 U.S.C. § 5845(a), (due east). The vast majority of handguns are excluded.[↩]
7. 18 U.Southward.C. § 922(o).See also 18 UsC. § 922(b)(iv). Transfers to or by, or possession by, federal, state or local government agencies are exempt.[↩]
8. Id.The National Firearms Act requires each importer, manufacturer, or dealer in firearms covered past the Human activity to annals annually. 26 U.S.C. § 5802. In addition, anyone wishing to industry, brand, import, or transfer such weapons must outset annals them. 26 UsaC. §5841(b). The transferee of whatsoever of these weapons cannot take possession until the Secretarial assistant approves the transfer and registration of the weapon to the transferee. 26 U.S.C. § 5841(c). The registry includes: (one) an identification of the firearm; (2) the date of registration; and (three) the identification and address of the person entitled to possess the firearm. 26 UsaC. §5841(a).See also 27 C.F.R. §§ 479.101, 479.105.[↩]
9. 18 UsC. § 922(b)(iv).[↩]
10. New York'south licensing police functions as a handgun registration organisation, with handgun owners being required to recertify their licenses every five years.[↩]
11. Haw. Rev. Stat. Ann. §§ 134-3(a), (b), 134-4.[↩]
12. D.C. Code Ann. §§ 7-2502.01-7-2502.10; D.C. Mun. Regs. tit. 24, §§ 2311- 2320.[↩]
13. For more information, see our summary on Maintaining Records of Gun Sales, and our folio on Memory of Sales Records in California.[↩]
14. Hawaii's registration statute also provides that all registration information that place the registrant's name or address shall be confidential, except for use by law enforcement or a use mandated by court society.[↩]
15. Hawaii'south permitting laws are described in our summary on Licensing.[↩]
16. These registration requirements do non apply to anyone holding a valid firearms dealer license, then long equally the firearm is acquired in the normal course of business concern, stored at the dealer's business concern location, and is not for the dealer'due south personal utilize or protection.[↩]
17. Law enforcement personnel, members of the military, licensed dealers and non-residents participating in lawful firearm-related recreational activities are exempt from the registration requirements.[↩]
18. Due north.Y. Penal Law §§ 265.00(22)(e)-(f), 265.00(23), 400.00(10), (16-a), 400.02.[↩]
19. Cal. Penal Code §§ 17000, 27560.[↩]
20. Md. Code Ann., Pub. Safety §§ five-143.[↩]
21. Cal. Penal Code §§ 30510-30530, 30600-30675, 30900-30965.[↩]
22. Conn. Gen. Stat. §§ 53-202d(a), 53-202p(a)(1), 53-202q.[↩]
23. Haw. Rev. Stat. Ann. §§ 134-3(a), (b), 134-4. Hawaii bans assault pistols, merely not attack long guns.[↩]
24. Doctor. Lawmaking Ann., Crim. Law § 4-303. Maryland bans both assault pistols and assault long guns, just only grandfathered assault pistols must exist registered.[↩]
25. N.J. Stat. Ann. §§ 2C:39-5f, 2C:58-12.[↩]
26. N.Y. Penal Law §§ 265.00(22)(eastward)-(f), 265.00(23), 400.00(10), (16-a), 400.02.[↩]
27. Hawaii bans assault pistols, merely not assail long guns. DC bans set on weapons and does not permit the connected possession of pre-ban assault weapons.[↩]
28. D.C. did not grandfather fifty caliber rifles endemic or possessed at the time the ban was adopted. Additional information on attack weapons, 50 caliber rifles, and large chapters magazines is contained in our summaries on Set on Weapons, l-Caliber Weapons, and Large Capacity Magazines, respectively.[↩]
29. Del. Code Ann. tit 11, § 1448A(d)(1), (3); Delaware's registration prohibition does non utilise to person's prohibited from possessing a firearm as defined under Delaware law.[↩]
30. Fla. Stat. Ann. § 790.335(two), (iii). Florida's prohibition does not apply to records relating to licenses to carry curtained firearms. Florida constabulary contains a number of other exceptions to the prohibition, including but 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 law-breaking, records of firearms that have been reported stolen, or records that must exist retained past firearm dealers under federal law.[↩]
31. Ga. Code Ann. § sixteen-11-129(a). Georgia'south registration prohibition applies to the application process to obtain a license to deport and prohibits the awarding form from requesting information that could be used as ade facto registration.[↩]
32. Idaho Const., art. 1, § 11. Idaho's prohibition is office of the land's constitution and mandates that "No police force shall impose licensure, registration or special tax on the ownership or possession of firearms or ammunition."[↩]
33. 18 Pa. Cons. Stat. § 6111.4. Although Pennsylvania's statute appears to prohibit the land from maintaining a registry of any firearms, the Pennsylvania Supreme Courtroom ruled in Allegheny County Sportsmen's League 5. Rendell, 860 A.2d ten (Pa. 2004), that the statute did non prohibit Pennsylvania's database of handgun sales.[↩]
34. R.I. Gen. Laws § 11-47-41. Rhode Island's prohibition does not apply to firearms that have been used in committing any crime of violence, or to whatever person who has been convicted of a crime of violence.[↩]
35. S.D. Codified Laws § 23-7-viii.half-dozen.[↩]
36. Tenn. Code Ann. § 39-17-1367(b).[↩]
37. Vt. Stat. Ann. tit. 20, § viii(b)(3)(B).[↩]
38. The well-nigh comprehensive arrangement 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.[↩]

What Does Registering A Firearm Mean,

Source: https://giffords.org/lawcenter/gun-laws/policy-areas/owner-responsibilities/registration/

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