How Do You Know Your Gun Is Registered in Your Name

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.

Background

Firearm registration laws require individuals to record their buying of a firearm with a designated law 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 past firearm registration systems can besides 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.

Criminal offence Gun Tracing

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

Additional data on criminal offense 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 police force enforcement recall firearms from persons who take 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 process, owners undergo additional groundwork checks to ensure that they have non fallen into a form prohibited from possessing firearms. The renewal process, therefore, creates an opportunity for police force enforcement to remove illegally possessed firearms.

Gun Owner Accountability

In improver, registration laws help reduce illegal firearm sales and transfers by creating accountability for gun owners. A firearm possessor 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 unsafe private, and may be encouraged to shop his or her firearm safely so equally to forestall unauthorized access or theft. Registration laws likewise 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 than information about 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.¹ A 2001 study analyzing the firearm tracing data of crime guns recovered in 25 US cities revealed that states with some grade of both registration and licensing have greater success keeping firearms initially sold by dealers in the land from beingness recovered in crimes than states without such systems in identify.² This data suggests that licensing and registration laws make it more hard 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, see our summary on Licensing.

Public Support

The American public strongly supports laws requiring gun registration.A nationwide survey conducted in August 2019 constitute 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.^three A poll conducted in May 2001 found that lxx% of respondents mistakenly believe that a registration arrangement already exists in the United states of america.⁴

Summary of Federal Law

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

A limited system of federal firearms registration was created past the National Firearms Act, 26 U.South.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, curt-barreled shotguns or rifles, and silencers, and these weapons must also be registered nether the NFA.⁶

In 1986, Congress banned the transfer and possession of automobile guns not already in lawful circulation.^vii Machine guns that were lawfully owned prior to the ban's effective date may continue to be owned and transferred provided they are registered in accordance with requirements of the National Firearms Act.^eight It is also unlawful for a licensed dealer to sell a short-barreled rifle or shotgun to any person, except as specifically authorized past the Attorney Full general consistent with public safety and necessity.^nine

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

For information nearly 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 4 other states too have a registration system for certain highly dangerous firearms, such as assault weapons. These states more often than not ban such firearms, but permit the continued possession of grandfathered weapons if they were endemic before the ban was adopted and are registered. For more information about such laws, meet our summaries on Assault 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 well-nigh such laws, run into our summary on Maintaining Records of Gun Sales. California and Maryland also crave new residents to report sure firearms that they bring into the country.

Conversely, 8 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 organization, it generally requires all gun transfers to be processed through a licensed dealer and requires a state police force enforcement bureau to maintain records of these transfers in a fundamental database. This system functions similarly to a gun registration system. ¹³

Hawaii

Hawaii requires registration of all firearms with the county police principal within v days of acquisition. The registration must include: (1) the proper name of the manufacturer and importer; (two) the model, type of action, caliber or gauge, and serial 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 addition, 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 later.¹⁴ Hawaii does not crave renewal of the registration. Hawaii likewise 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 especially dangerous firearms may non exist registered. For example, sawed-off shotguns, machine guns, curt-barreled rifles, assault weapons, .50 BMG rifles, and "dangerous firearms" equally divers by District police force, may not be registered.

The District of Columbia requires that an application for registration be made prior to taking possession of a firearm from a licensed dealer or any person or arrangement holding a registration certificate for the firearm. In addition to providing detailed identifying information almost the registration bidder and the firearm, applicants are also required to provide detailed information concerning: ane) whether the applicant has ever been denied any firearm-related license, let or registration certificate and, if so, the reasons for such denial; 2) the applicant'southward role in any mishap involving a firearm, including the date, place, fourth dimension, circumstances, and names of the persons injured or killed; 3) if the applicant has practical for other registration certificates; and 4) where the firearm generally volition exist kept. Applicants undergo a background cheque conducted past the Chief of Police.

Registration applicants are required to consummate a firearm safety 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 also notify the Master 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 whatsoever 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 background check. The license must specify the weapon past quotient, make, model, manufacturer's name, and serial number, and must point if the handgun may be carried on the person or possessed in a item location. A license holder may apply at any time 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 xv, 2013, such license must be "recertified" with the division of country constabulary every five years. The recertification class requests the license holder's proper noun, appointment of birth, gender, race, residential accost, social security number, all firearms possessed past such license holder, e-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 Require New Residents to Report Their Firearms

• California¹⁹
• Maryland²⁰ (handguns and assault weapons)

California and Maryland require new residents to provide a report regarding firearms they own to law enforcement. More than specifically, whatsoever handgun owner who moves into California from out-of-state on or after Jan 1, 1998, or whatever firearm owner who moves into California on or later January 1, 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 law 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 Attack Weapons, fifty Quotient Rifles, or Large Capacity Magazines

• California²¹ (assault weapons and 50 quotient rifles)
• Connecticut²² (assault weapons and large capacity magazines)
• Hawaii²³ (assault pistols)
• Maryland²⁴ (assault pistols)
• New Jersey²⁵ (attack weapons)
• New York²⁶ (assault weapons)

Six states (California, Connecticut, Hawaii, Maryland, New Jersey, and New York) have banned assault weapons,²⁷ simply allow continued possession of such weapons if they were lawfully owned on a specified appointment and are registered, except that grandfathered assail long guns in Maryland do 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 quotient rifle before Jan 1, 2005, must have registered information technology no later than April 30, 2006, in order to retain possession of the firearm.²⁸

In 2013, Connecticut enacted legislation which bans large chapters ammunition magazines (capable of holding more than ten rounds), and requires persons lawfully possessing such magazines prior to Jan 1, 2014 to apply with the land earlier January ane, 2014 in society to maintain possession. A person moving into the state with a large capacity magazine must apply to maintain possession inside 90 days.

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States that Prohibit Registries of Firearms

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

Eight states are explicitly prohibited past police from maintaining a registry of whatsoever firearms. However, many of these prohibitions comprise 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 require the reporting of firearm sales and transfers to a state or local bureau, which maintains these records. For information near such laws, see our summary on Maintaining Records of Gun Sales.

Primal 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 v days of conquering of firearm and inside 3 days of moving into the state with a firearm).
• Registration includes: proper name, address and other identifying data near the owner of the firearm; names of manufacturer and importer; model, type of action, quotient or gauge, 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 background check(New York requires handgun licensees to recertify their licenses every 5 years).
• Registered owners are required to report any loss, theft or transfer of the registered firearm to law enforcement inside a short fourth dimension of the event and to turn in their registration card 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 be possessed and to whom they may be transferred (particularly relevant for certain classes of firearms such every bit attack weapons, l caliber rifles, and big capacity magazines).

Universal Groundwork Checks

Universal background checks are essential to shut deadly loopholes in our laws that permit millions of guns to stop upwardly in the hands of individuals at an elevated risk of committing violence each yr.

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 who already own guns from keeping them later on they've been legally prohibited from doing then.

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 Due west. Webster et al.,Relationship Betwixt Licensing, Registration, and Other Gun Sales Laws and the Source State of Crime Guns, vii 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 non comprehensive licensing or registration systems.[↩]
3. "Public Divided On Assault Weapons Policy" Monmouth University Poll. Sept. 9, 2019 at https://www.monmouth.edu/polling-plant/reports/monmouthpoll_us_090919/.[↩]
4. Lake, Snell, Perry & Associates, Inc. Poll,Educational Fund to Stop Gun Violence (May 15-21, 2001), at http://www.commondreams.org/news2001/0612-05.htm.[↩]
5. 18 United states of americaC. § 926(a); 28 C.F.R. § 25.nine(b)(3).[↩]
6. 26 U.South.C. § 5845(a). The Act likewise includes, in a category defined as "any other weapon," certain polish-bore handguns. 26 United states of americaC. § 5845(a), (e). The vast majority of handguns are excluded.[↩]
7. 18 The statesC. § 922(o).Run into also 18 U.Due south.C. § 922(b)(4). Transfers to or by, or possession past, federal, country or local government agencies are exempt.[↩]
8. Id.The National Firearms Act requires each importer, manufacturer, or dealer in firearms covered past the Act to register annually. 26 United states of americaC. § 5802. In improver, anyone wishing to industry, make, import, or transfer such weapons must offset annals them. 26 United statesC. §5841(b). The transferee of whatsoever of these weapons cannot take possession until the Secretary approves the transfer and registration of the weapon to the transferee. 26 United states of americaC. § 5841(c). The registry includes: (1) an identification of the firearm; (2) the date of registration; and (3) the identification and accost of the person entitled to possess the firearm. 26 United states of americaC. §5841(a).Run across besides 27 C.F.R. §§ 479.101, 479.105.[↩]
9. 18 U.Southward.C. § 922(b)(4).[↩]
10. New York'southward licensing law functions equally a handgun registration system, with handgun owners beingness required to recertify their licenses every v years.[↩]
11. Haw. Rev. Stat. Ann. §§ 134-3(a), (b), 134-4.[↩]
12. D.C. Code Ann. §§ seven-2502.01-7-2502.x; D.C. Mun. Regs. tit. 24, §§ 2311- 2320.[↩]
13. For more information, meet 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 data that identify the registrant's proper name or address shall exist confidential, except for apply past law enforcement or a employ mandated by court order.[↩]
15. Hawaii'due south permitting laws are described in our summary on Licensing.[↩]
16. These registration requirements do not apply to anyone holding a valid firearms dealer license, so long equally the firearm is caused in the normal grade of business, stored at the dealer's business location, and is not for the dealer's personal utilise 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. North.Y. Penal Police force §§ 265.00(22)(e)-(f), 265.00(23), 400.00(10), (16-a), 400.02.[↩]
19. Cal. Penal Code §§ 17000, 27560.[↩]
20. Dr.. Code Ann., Pub. Safety §§ 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. §§ 134-3(a), (b), 134-4. Hawaii bans attack pistols, only not assail long guns.[↩]
24. Md. Code Ann., Crim. Law § 4-303. Maryland bans both assault pistols and set on long guns, but merely grandfathered attack pistols must exist registered.[↩]
25. N.J. Stat. Ann. §§ 2C:39-5f, 2C:58-12.[↩]
26. North.Y. Penal Law §§ 265.00(22)(e)-(f), 265.00(23), 400.00(10), (16-a), 400.02.[↩]
27. Hawaii bans set on pistols, just not assail long guns. DC bans assault weapons and does non allow the continued possession of pre-ban assail weapons.[↩]
28. D.C. did not grandfather l caliber rifles owned or possessed at the time the ban was adopted. Additional information on assault weapons, 50 quotient rifles, and large capacity magazines is contained in our summaries on Attack Weapons, 50-Caliber Weapons, and Large Capacity Magazines, respectively.[↩]
29. Del. Code Ann. tit 11, § 1448A(d)(one), (3); Delaware's registration prohibition does not utilise to person's prohibited from possessing a firearm every bit defined under Delaware law.[↩]
30. Fla. Stat. Ann. § 790.335(2), (iii). Florida'south prohibition does not apply to records relating to licenses to behave concealed firearms. Florida law contains a number of other exceptions to the prohibition, including but not express to: records of firearms that have been used in committing a offense, records relating to any person who has been convicted of a crime, records of firearms that take been reported stolen, or records that must exist retained by firearm dealers under federal law.[↩]
31. Ga. Code Ann. § sixteen-11-129(a). Georgia's registration prohibition applies to the application process to obtain a license to bear and prohibits the awarding form from requesting information that could be used as ade facto registration.[↩]
32. Idaho Const., fine art. 1, § 11. Idaho's prohibition is part of the state'southward constitution and mandates that "No law shall impose licensure, registration or special tax on the buying or possession of firearms or armament."[↩]
33. xviii Pa. Cons. Stat. § 6111.4. Although Pennsylvania'southward statute appears to prohibit the state from maintaining a registry of whatever firearms, the Pennsylvania Supreme Court ruled in Allegheny County Sportsmen's League five. Rendell, 860 A.2d ten (Pa. 2004), that the statute did not prohibit Pennsylvania's database of handgun sales.[↩]
34. R.I. Gen. Laws § 11-47-41. Rhode Island's prohibition does not employ to firearms that take been used in committing any offense of violence, or to whatsoever person who has been bedevilled of a crime of violence.[↩]
35. S.D. Codified Laws § 23-seven-viii.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 buying 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.[↩]

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

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