How Do I Register My Gun

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 possessor accountability and help law enforcement solve crimes and disarm criminals. Despite the articulate advantages inherent in registration laws, few states have 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 law enforcement agency. These laws enable law enforcement to identify, disarm, and prosecute vehement 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 also help protect police force enforcement officers responding to an incident past providing them with information about whether firearms may exist nowadays at the scene and, if and so, how many and what types.

Criminal offense Gun Tracing

Firearm registration laws can lead to the identification and prosecution of violent criminals by helping police enforcement quickly and reliably "trace" (identify the source of) firearms recovered from offense scenes. Firearm registration laws create comprehensive records of firearm ownership, which include a total description of each firearm and identify the owner. Comprehensive registration laws also require a firearm to be re-registered whenever championship to the firearm is transferred, and law enforcement to be notified whenever the weapon is lost or stolen. Every bit a result, registration laws help law enforcement quickly and reliably identify the owner of any firearm used in a crime.

Additional information on crime 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 assistance police 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 explicate 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 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 improver, registration laws assistance 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 back to him or her may be deterred from transferring the firearm to a potentially unsafe individual, and may be encouraged to store his or her firearm safely and so every bit to prevent 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 information nearly straw purchases, run across our summary on Gun Trafficking & Straw Purchasing.

Combining Registration with Licensing

Registration laws are most constructive when combined with laws requiring licensing of firearm owners and purchasers.¹ A 2001 report analyzing the firearm tracing information of crime guns recovered in 25 U.s.a. 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 information suggests that licensing and registration laws make information technology more hard for criminals, juveniles, and other prohibited purchasers to obtain guns, and assist ensure that firearm owners remain eligible to possess their weapons. For more information 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 register 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 Police

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

A limited organisation of federal firearms registration was created by the National Firearms Act, 26 The statesC. § 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, brusk-barreled shotguns or rifles, and silencers, and these weapons must likewise be registered nether the NFA.^six

In 1986, Congress banned the transfer and possession of motorcar guns not already in lawful apportionment.⁷ Motorcar guns that were lawfully owned prior to the ban's effective date may go along to exist owned and transferred provided they are registered in accordance with requirements of the National Firearms Deed.⁸ It is besides unlawful for a licensed dealer to sell a brusk-barreled rifle or shotgun to whatever person, except as specifically authorized by the Attorney Full general consistent with public safety and necessity.⁹

With its provisions finer limited to pre-ban car guns and transfers of brusque-barreled rifles and shotguns that are specifically authorized by the attorney general, the registration system created by the National Firearms Act falls far curt of a comprehensive registration system.

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

Summary of State Law

Half-dozen states and the District of Columbia crave registration of some or all firearms. Hawaii and the Commune 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 constabulary.¹⁰ Hawaii, New York, and iv other states besides have a registration organization for sure highly dangerous firearms, such as assault weapons. These states generally ban such firearms, but allow the continued possession of grandfathered weapons if they were owned before the ban was adopted and are registered. For more information about such laws, run across our summaries on Assault Weapons, 50-Caliber Weapons, and Big 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, see our summary on Maintaining Records of Gun Sales. California and Maryland also require new residents to written report certain firearms that they bring into the state.

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

States that Require Registration of All Firearms

• California*
• Hawaii¹¹
• District of Columbia¹²

*While California does not have a traditional gun registration system, it generally requires all gun transfers to exist processed through a licensed dealer and requires a country law enforcement agency to maintain records of these transfers in a primal database. This system functions similarly to a gun registration system. ¹³

Hawaii

Hawaii requires registration of all firearms with the county police chief inside five days of acquisition. The registration must include: (i) the name of the manufacturer and importer; (2) the model, type of activity, quotient or gauge, and serial number of the firearm; and (3) the source from which the firearm was obtained, including the name and address of the previous registrant. In addition, every person who brings a firearm into Hawaii must register the firearm within 3 days of the arrival of either the person or the firearm, whichever arrives later.¹⁴ Hawaii does non require renewal of the registration. Hawaii also has a licensing scheme, requiring that all firearm purchasers obtain a permit prior to conquering.¹⁵

The District of Columbia

The Commune 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 District,¹⁶ many classes of particularly dangerous firearms may non be registered. For case, sawed-off shotguns, auto guns, short-barreled rifles, assail weapons, .50 BMG rifles, and "dangerous firearms" as defined past District police force, may non exist registered.

The District of Columbia requires that an awarding for registration be made prior to taking possession of a firearm from a licensed dealer or any person or organization holding a registration certificate for the firearm. In addition to providing detailed identifying data nigh the registration applicant and the firearm, applicants are as well required to provide detailed information apropos: 1) whether the applicant has ever been denied any firearm-related license, let or registration document and, if so, the reasons for such deprival; 2) the applicant'due south role in any mishap involving a firearm, including the date, place, time, circumstances, and names of the persons injured or killed; 3) if the applicant has applied for other registration certificates; and 4) where the firearm by and large volition be kept. Applicants undergo a background cheque conducted by the Chief of Police.

Registration applicants are required to complete a firearm prophylactic course. Registered owners are required to notify the Chief of Police of the loss, theft, or destruction of the registration certificate or of a registered firearm. Registrants must as well notify the Master of the sale, transfer, or other disposition of the firearm inside two business concern days of such sale, transfer or disposition, and must render the registration certificate for any firearm that has been lost, stolen, destroyed, or otherwise disposed of or transferred.¹⁷

States that Require Registration of Handguns

• New York¹⁸

New York mostly requires anyone wishing to possess a handgun to first obtain a license, following a groundwork check. The license must specify the weapon past caliber, make, model, manufacturer'due south proper noun, and series number, and must indicate if the handgun may exist carried on the person or possessed in a particular location. A license holder may apply at any fourth dimension to his or her licensing officeholder for subpoena of the license to include more than weapons or to cancel weapons held nether license. As of Jan xv, 2013, such license must exist "recertified" with the division of state police force every 5 years. The recertification form requests the license holder's proper noun, date of birth, gender, race, residential address, social security number, all firearms possessed by such license holder, email 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 Require New Residents to Report Their Firearms

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

California and Maryland require new residents to provide a study regarding firearms they own to law enforcement. More than specifically, any handgun owner who moves into California from out-of-state on or afterwards Jan 1, 1998, or whatever firearm owner who moves into California on or after January i, 2014, is deemed a "personal firearm importer." Inside 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 in 2013 that requires any new resident to annals all handguns or assault weapons within 90 days of moving into the state.

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

• California²¹ (set on weapons and l quotient rifles)
• Connecticut²² (assault weapons and large chapters magazines)
• Hawaii²³ (set on pistols)
• Maryland²⁴ (assail pistols)
• New Jersey²⁵ (assault weapons)
• New York²⁶ (assault weapons)

Half-dozen states (California, Connecticut, Hawaii, Maryland, New Bailiwick of jersey, and New York) have banned set on weapons,²⁷ simply allow connected possession of such weapons if they were lawfully owned on a specified date and are registered, except that grandfathered assail long guns in Maryland exercise not demand to be registered. In California (the merely state that currently bans the possession of 50 caliber rifles) any person who lawfully possessed a l quotient rifle earlier January 1, 2005, must have registered it no later than April 30, 2006, in order to retain possession of the firearm.²⁸

In 2013, Connecticut enacted legislation which bans large capacity armament magazines (capable of holding more than than 10 rounds), and requires persons lawfully possessing such magazines prior to Jan 1, 2014 to apply with the state before January 1, 2014 in society to maintain possession. A person moving into the land with a big capacity magazine must utilize to maintain possession within ninety 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 by law from maintaining a registry of any firearms. However, many of these prohibitions comprise general categories of exceptions, such as records relating to persons who have been bedevilled of a crime.

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 about such laws, meet 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 example of firearms already endemic or brought into the jurisdiction, immediately after the firearm is brought into the jurisdiction or the effective engagement of the law(District of Columbia; Hawaii requires registration within 5 days of conquering of firearm and inside 3 days of moving into the country with a firearm).
• Registration includes: name, accost and other identifying information virtually the owner of the firearm; names of manufacturer and importer; model, type of action, caliber or guess, and series 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 groundwork 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 enforcement inside a brusque time of the result and to turn in their registration bill of fare or certificate upon loss, theft or transfer(District of Columbia).
• Registered owners are required to store all firearms safely and deeply.
• Additional restrictions may include limitations on where registered firearms may be possessed and to whom they may be transferred (particularly relevant for certain classes of firearms such every bit assault weapons, 50 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 end upward in the hands of individuals at an elevated risk of committing violence each year.

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 who already own guns from keeping them after they've been legally prohibited from doing so.

1. 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.[↩]
2. Daniel West. Webster et al.,Human relationship Between Licensing, Registration, and Other Gun Sales Laws and the Source Country of Criminal 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 but are not comprehensive licensing or registration systems.[↩]
3. "Public Divided On Set on 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 15-21, 2001), at http://www.commondreams.org/news2001/0612-05.htm.[↩]
5. 18 U.S.C. § 926(a); 28 C.F.R. § 25.9(b)(3).[↩]
6. 26 The statesC. § 5845(a). The Human action likewise includes, in a category defined as "any other weapon," sure polish-bore handguns. 26 U.s.a.C. § 5845(a), (e). The vast majority of handguns are excluded.[↩]
7. 18 U.Southward.C. § 922(o).See also xviii U.Due south.C. § 922(b)(four). 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 by the Act to register annually. 26 U.South.C. § 5802. In add-on, anyone wishing to manufacture, brand, import, or transfer such weapons must first register them. 26 The statesC. §5841(b). The transferee of any of these weapons cannot have possession until the Secretary approves the transfer and registration of the weapon to the transferee. 26 U.S.C. § 5841(c). The registry includes: (1) an identification of the firearm; (two) the date of registration; and (3) the identification and accost of the person entitled to possess the firearm. 26 U.S.C. §5841(a).Run across likewise 27 C.F.R. §§ 479.101, 479.105.[↩]
9. eighteen U.S.C. § 922(b)(iv).[↩]
10. New York's licensing law functions as a handgun registration system, with handgun owners being required to recertify their licenses every five years.[↩]
11. Haw. Rev. Stat. Ann. §§ 134-iii(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 than data, see our summary on Maintaining Records of Gun Sales, and our folio on Retention of Sales Records in California.[↩]
14. Hawaii'south registration statute as well provides that all registration data that place the registrant's name or address shall be confidential, except for utilise by law enforcement or a use mandated by court society.[↩]
15. Hawaii'due south permitting laws are described in our summary on Licensing.[↩]
16. These registration requirements do not utilise to anyone belongings a valid firearms dealer license, so long as the firearm is caused in the normal grade of business organisation, stored at the dealer'southward business concern location, and is not for the dealer's personal utilize or protection.[↩]
17. Law enforcement personnel, members of the armed forces, licensed dealers and non-residents participating in lawful firearm-related recreational activities are exempt from the registration requirements.[↩]
18. N.Y. Penal Law §§ 265.00(22)(east)-(f), 265.00(23), 400.00(x), (xvi-a), 400.02.[↩]
19. Cal. Penal Code §§ 17000, 27560.[↩]
20. Md. Code Ann., Pub. Safe §§ 5-143.[↩]
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-iii(a), (b), 134-4. Hawaii bans assault pistols, simply not assault long guns.[↩]
24. Md. Lawmaking Ann., Crim. Law § 4-303. Maryland bans both assault pistols and assault long guns, just merely 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)(due east)-(f), 265.00(23), 400.00(10), (xvi-a), 400.02.[↩]
27. Hawaii bans assault pistols, but non assault long guns. DC bans assault weapons and does not let the connected possession of pre-ban assault weapons.[↩]
28. D.C. did not grandfather 50 caliber rifles owned or possessed at the fourth dimension the ban was adopted. Additional information on assault weapons, 50 caliber rifles, and large capacity magazines is contained in our summaries on Assault Weapons, 50-Caliber Weapons, and Big Chapters Magazines, respectively.[↩]
29. Del. Code Ann. tit eleven, § 1448A(d)(1), (3); Delaware's registration prohibition does not apply to person's prohibited from possessing a firearm as defined under Delaware law.[↩]
30. Fla. Stat. Ann. § 790.335(ii), (iii). Florida's prohibition does not apply to records relating to licenses to deport concealed firearms. Florida law 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 whatever person who has been convicted of a crime, records of firearms that have been reported stolen, or records that must be retained by firearm dealers nether federal law.[↩]
31. Ga. Code Ann. § 16-eleven-129(a). Georgia'south registration prohibition applies to the application process to obtain a license to carry and prohibits the application form from requesting information that could exist used as ade facto registration.[↩]
32. Idaho Const., art. 1, § 11. Idaho's prohibition is part of the state's constitution and mandates that "No police force shall impose licensure, registration or special taxation on the ownership or possession of firearms or armament."[↩]
33. 18 Pa. Cons. Stat. § 6111.4. Although Pennsylvania's statute appears to prohibit the state from maintaining a registry of any firearms, the Pennsylvania Supreme Courtroom ruled in Allegheny County Sportsmen's League v. Rendell, 860 A.2d 10 (Pa. 2004), that the statute did not prohibit Pennsylvania's database of handgun sales.[↩]
34. R.I. Gen. Laws § xi-47-41. Rhode Island'southward prohibition does non apply to firearms that accept been used in committing any crime of violence, or to any person who has been bedevilled of a crime of violence.[↩]
35. Due south.D. Codification Laws § 23-7-8.6.[↩]
36. Tenn. Code Ann. § 39-17-1367(b).[↩]
37. Vt. Stat. Ann. tit. 20, § 8(b)(3)(B).[↩]
38. The most comprehensive system of regulating the buy, possession and ownership of firearms combines licensing of gun owners with registration of all firearms. Boosted information on licensing of firearm owners is contained in our summary on Licensing.[↩]

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

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