Do Long Guns Have To Be Registered

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

Laws requiring gun owners to register their firearms ensure gun owner accountability and assistance 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. Data generated by firearm registration systems can likewise help protect law enforcement officers responding to an incident by providing them with data about whether firearms may be present at the scene and, if so, how many and what types.

Criminal offense Gun Tracing

Firearm registration laws tin can pb to the identification and prosecution of violent criminals past helping police force enforcement chop-chop and reliably "trace" (identify the source of) firearms recovered from law-breaking 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 title to the firearm is transferred, and law enforcement to be notified whenever the weapon is lost or stolen. As a upshot, registration laws aid constabulary enforcement rapidly and reliably identify the owner of whatever firearm used in a crime.

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

Disarming Ineligible People

Firearm registration laws also help law enforcement retrieve firearms from persons who accept get 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 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 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 back to him or her may be deterred from transferring the firearm to a potentially dangerous individual, and may be encouraged to store his or her firearm safely so as to prevent 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 avoid having the gun traced dorsum to him or her. For more than information well-nigh straw purchases, run into our summary on Gun Trafficking & Harbinger Purchasing.

Combining Registration with Licensing

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

Public Back up

The American public strongly supports laws requiring gun registration.A nationwide survey conducted in August 2019 establish that 62% of respondents favor laws requiring every gun owner to register each gun he or she owns equally 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 United states of america.^iv

Summary of Federal Constabulary

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

A limited organisation of federal firearms registration was created past the National Firearms Act, 26 United states of americaC. § 5801et seq. The National Firearms Act (NFA) was enacted in 1934 to impose an excise taxation and registration requirements on a narrow category of firearms, including motorcar guns, short-barreled shotguns or rifles, and silencers, and these weapons must also be registered under the NFA.⁶

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's effective appointment may proceed to be endemic 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 burglarize or shotgun to whatever person, except equally specifically authorized by the Chaser General consequent with public safety and necessity.^ix

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 full general, the registration system created by the National Firearms Act falls far short of a comprehensive registration system.

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

Summary of State Law

Six states and the Commune 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.^x Hawaii, New York, and iv other states too have a registration system for certain 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, fifty-Caliber Weapons, and Big Capacity Magazines.

Boosted 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. California and Maryland also require new residents to written report sure 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 Require Registration of All Firearms

California*
Hawaii¹¹
District of Columbia¹²

*While California does not accept a traditional gun registration system, it generally 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 system functions similarly to a gun registration system. ^thirteen

Hawaii

Hawaii requires registration of all firearms with the county police force chief within five days of acquisition. The registration must include: (one) the name of the manufacturer and importer; (two) the model, type of action, caliber or estimate, 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 iii days of the arrival of either the person or the firearm, whichever arrives later.¹⁴ Hawaii does non require renewal of the registration. Hawaii likewise has a licensing scheme, requiring that all firearm purchasers obtain a permit prior to acquisition.¹⁵

The Commune of Columbia

The Commune of Columbia's registration law limits the availability of many classes of firearms inside the District. While the Commune requires a valid registration document 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 instance, sawed-off shotguns, car guns, brusque-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 application for registration be fabricated 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 information about the registration bidder and the firearm, applicants are also required to provide detailed information concerning: 1) whether the applicant has ever been denied any firearm-related license, permit or registration certificate and, if and so, the reasons for such deprival; two) the applicant'south 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 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 Police.

Registration applicants are required to complete a firearm safety course. Registered owners are required to notify the Chief of Police of the loss, theft, or devastation of the registration document or of a registered firearm. Registrants must also notify the Chief of the sale, transfer, or other disposition of the firearm within two business days of such sale, transfer or disposition, and must return the registration certificate for whatever firearm that has been lost, stolen, destroyed, or otherwise disposed of or transferred.¹⁷

States that Crave Registration of Handguns

New York¹⁸

New York generally requires anyone wishing to possess a handgun to first obtain a license, post-obit a background bank check. The license must specify the weapon by quotient, make, model, manufacturer's name, and series number, and must indicate if the handgun may be carried on the person or possessed in a detail location. A license holder may apply at whatsoever time to his or her licensing officeholder for amendment of the license to include more weapons or to abolish weapons held under license. As of January 15, 2013, such license must be "recertified" with the division of state police every five years. The recertification form requests the license holder'south name, date of birth, gender, race, residential accost, social security number, all firearms possessed by such license holder, email address (at the choice of the license holder), and an affirmation that such license holder is non prohibited from possessing firearms. A failure to re-certify results in the revocation of the license.

States that Require New Residents to Written report Their Firearms

California^nineteen
Maryland²⁰ (handguns and attack weapons)

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

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

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

6 states (California, Connecticut, Hawaii, Maryland, New Jersey, and New York) have banned assault weapons,²⁷ but allow continued possession of such weapons if they were lawfully owned on a specified date and are registered, except that grandfathered assail long guns in Maryland do not need to be registered. In California (the only land that currently bans the possession of fifty quotient rifles) any person who lawfully possessed a 50 caliber rifle earlier January one, 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 ammunition magazines (capable of property more than than 10 rounds), and requires persons lawfully possessing such magazines prior to January 1, 2014 to apply with the land before January 1, 2014 in lodge to maintain possession. A person moving into the country with a large capacity magazine must apply to maintain possession within xc days.

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States that Prohibit Registries of Firearms

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

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

States that Require Reporting of Gun Sales or Transfers

Many states crave 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.

Central 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 constructive date of the law(Commune of Columbia; Hawaii requires registration within 5 days of conquering of firearm and within iii days of moving into the state with a firearm).
Registration includes: proper noun, address and other identifying information about the owner of the firearm; names of manufacturer and importer; model, type of activity, caliber or judge, 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 check(New York requires handgun licensees to recertify their licenses every five years).
Registered owners are required to report whatever loss, theft or transfer of the registered firearm to police enforcement within a short 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 exist possessed and to whom they may be transferred (particularly relevant for sure classes of firearms such every bit attack weapons, 50 caliber rifles, and large capacity magazines).

Universal Background Checks

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

Licensing

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

Firearm Relinquishment

Firearm relinquishment laws are critical to forbid people from remaining illegally armed after they've become 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.,Human relationship Between Licensing, Registration, and Other Gun Sales Laws and the Source State of Law-breaking Guns, 7 Inj. Prevention 184, 188-89 (2001). The report 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 Assault Weapons Policy" Monmouth University Poll. Sept. 9, 2019 at https://www.monmouth.edu/polling-constitute/reports/monmouthpoll_us_090919/.[↩]
Lake, Snell, Perry & Assembly, Inc. Poll,Educational Fund to Cease Gun Violence (May 15-21, 2001), at http://www.commondreams.org/news2001/0612-05.htm.[↩]
xviii U.S.C. § 926(a); 28 C.F.R. § 25.ix(b)(iii).[↩]
26 U.s.a.C. § 5845(a). The Act likewise includes, in a category defined every bit "any other weapon," certain polish-diameter handguns. 26 United states of americaC. § 5845(a), (e). The vast majority of handguns are excluded.[↩]
xviii U.S.C. § 922(o).See also 18 The statesC. § 922(b)(4). Transfers to or by, or possession by, federal, state or local government 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.S.C. § 5802. In addition, anyone wishing to manufacture, make, import, or transfer such weapons must first register them. 26 United statesC. §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 The statesC. § 5841(c). The registry includes: (1) 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.South.C. §5841(a).Run into as well 27 C.F.R. §§ 479.101, 479.105.[↩]
18 U.S.C. § 922(b)(4).[↩]
New York's licensing police functions as a handgun registration organization, with handgun owners being required to recertify their licenses every v years.[↩]
Haw. Rev. Stat. Ann. §§ 134-three(a), (b), 134-4.[↩]
D.C. Code Ann. §§ 7-2502.01-7-2502.10; D.C. Mun. Regs. tit. 24, §§ 2311- 2320.[↩]
For more information, see our summary on Maintaining Records of Gun Sales, and our page on Retention of Sales Records in California.[↩]
Hawaii's registration statute as well provides that all registration information that identify the registrant's name or accost shall be confidential, except for use past law enforcement or a utilise mandated by court order.[↩]
Hawaii'south permitting laws are described in our summary on Licensing.[↩]
These registration requirements practice not use to anyone holding a valid firearms dealer license, and so long equally the firearm is acquired in the normal course of business, stored at the dealer's business organization location, and is not for the dealer's personal employ 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.[↩]
Northward.Y. Penal Law §§ 265.00(22)(e)-(f), 265.00(23), 400.00(10), (16-a), 400.02.[↩]
Cal. Penal Code §§ 17000, 27560.[↩]
Md. Code Ann., Pub. Safety §§ 5-143.[↩]
Cal. Penal Lawmaking §§ 30510-30530, 30600-30675, 30900-30965.[↩]
Conn. Gen. Stat. §§ 53-202d(a), 53-202p(a)(1), 53-202q.[↩]
Haw. Rev. Stat. Ann. §§ 134-3(a), (b), 134-iv. Hawaii bans assail pistols, but non assault long guns.[↩]
Doctor. Code Ann., Crim. Law § 4-303. Maryland bans both attack pistols and assault long guns, simply but grandfathered assault pistols must exist registered.[↩]
N.J. Stat. Ann. §§ 2C:39-5f, 2C:58-12.[↩]
Northward.Y. Penal Law §§ 265.00(22)(e)-(f), 265.00(23), 400.00(10), (xvi-a), 400.02.[↩]
Hawaii bans assault pistols, but not assault long guns. DC bans assail weapons and does not permit the connected possession of pre-ban assault weapons.[↩]
D.C. did not grandfather 50 quotient rifles endemic or possessed at the time the ban was adopted. Additional information on assail weapons, l quotient rifles, and big capacity magazines is contained in our summaries on Set on Weapons, 50-Quotient Weapons, and Big Capacity Magazines, respectively.[↩]
Del. Code Ann. tit 11, § 1448A(d)(1), (3); Delaware'due south registration prohibition does not apply to person'southward prohibited from possessing a firearm as defined under Delaware law.[↩]
Fla. Stat. Ann. § 790.335(2), (iii). Florida's prohibition does not use to records relating to licenses to acquit curtained firearms. Florida constabulary contains a number of other exceptions to the prohibition, including but not limited to: records of firearms that accept been used in committing a crime, records relating to any person who has been convicted of a criminal offense, records of firearms that have been reported stolen, or records that must be retained past firearm dealers under federal police force.[↩]
Ga. Code Ann. § xvi-xi-129(a). Georgia's registration prohibition applies to the application process to obtain a license to carry and prohibits the application form from requesting information that could be used equally ade facto registration.[↩]
Idaho Const., art. 1, § eleven. Idaho's prohibition is office of the state'southward constitution and mandates that "No police force shall impose licensure, registration or special taxation on the ownership or possession of firearms or armament."[↩]
eighteen Pa. Cons. Stat. § 6111.iv. Although Pennsylvania'south statute appears to prohibit the land from maintaining a registry of whatever firearms, the Pennsylvania Supreme Court ruled in Allegheny County Sportsmen's League five. Rendell, 860 A.2d 10 (Pa. 2004), that the statute did not prohibit Pennsylvania's database of handgun sales.[↩]
R.I. Gen. Laws § 11-47-41. Rhode Isle's prohibition does not apply to firearms that have been used in committing any law-breaking of violence, or to whatever person who has been bedevilled of a crime of violence.[↩]
S.D. Codified Laws § 23-seven-eight.6.[↩]
Tenn. Code Ann. § 39-17-1367(b).[↩]
Vt. Stat. Ann. tit. 20, § 8(b)(three)(B).[↩]
The most comprehensive arrangement of regulating the purchase, possession and buying of firearms combines licensing of gun owners with registration of all firearms. Additional data on licensing of firearm owners is contained in our summary on Licensing.[↩]