How To Check The Registered Owner Of A Firearm

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 help law enforcement solve crimes and disarm criminals. Despite the clear advantages inherent in registration laws, few states accept such laws on the books—and some prohibit them outright.

Groundwork

Firearm registration laws crave individuals to record their ownership of a firearm with a designated law enforcement agency. These laws enable law 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 also assistance protect law enforcement officers responding to an incident by providing them with information most whether firearms may be present at the scene and, if 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 law enforcement quickly 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 full clarification 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 police force enforcement to exist notified whenever the weapon is lost or stolen. As a result, registration laws help law enforcement chop-chop and reliably identify the possessor of whatsoever firearm used in a criminal offence.

Boosted information on 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 law enforcement retrieve firearms from persons who accept become legally prohibited from possessing them through criminal convictions or other prohibitions. Comprehensive registration laws crave gun owners to renew their registration annually or explain why they should no longer be legally responsible for the weapon. During the renewal procedure, owners undergo additional background checks to ensure that they take not fallen into a grade prohibited from possessing firearms. The renewal procedure, therefore, creates an opportunity for law enforcement to remove illegally possessed firearms.

Gun Owner Accountability

In addition, registration laws assistance reduce illegal firearm sales and transfers by creating accountability for gun owners. A firearm owner who knows that police 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 store his or her firearm safely so as to prevent unauthorized admission 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 avoid having the gun traced dorsum to him or her. For more information about straw purchases, run into our summary on Gun Trafficking & Straw Purchasing.

Combining Registration with Licensing

Registration laws are nigh effective 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 The states cities revealed that states with some form of both registration and licensing have greater success keeping firearms initially sold by dealers in the state from existence 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 assistance ensure that firearm owners remain eligible to possess their weapons. For more data on licensing laws, run across 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 part of a national gun registry.³ A poll conducted in May 2001 plant that 70% of respondents mistakenly believe that a registration organisation already exists in the United States.^four

Summary of Federal Law

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

A limited system of federal firearms registration was created by the National Firearms Act, 26 U.S.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 auto guns, curt-barreled shotguns or rifles, and silencers, and these weapons must as well be registered nether the NFA.⁶

In 1986, Congress banned the transfer and possession of motorcar guns not already in lawful circulation.^vii Machine guns that were lawfully owned prior to the ban's effective engagement may continue to be owned and transferred provided they are registered in accordance with requirements of the National Firearms Human activity.⁸ It is as well unlawful for a licensed dealer to sell a short-barreled rifle or shotgun to any person, except as specifically authorized past the Attorney General consistent with public rubber and necessity.⁹

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

For information almost the federal police relating to firearms tracing, see our summary on Gun Trafficking & Straw Purchasing.

Summary of State Law

Six states and the District of Columbia crave 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 police force.¹⁰ Hawaii, New York, and four other states likewise accept a registration arrangement for certain highly dangerous firearms, such equally 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, come across our summaries on Assault Weapons, 50-Caliber Weapons, and Big Capacity Magazines.

Boosted states require the reporting of firearm sales and transfers to a state or local agency, which maintains these records. For information about such laws, run across our summary on Maintaining Records of Gun Sales. California and Maryland too 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
• District of Columbia¹²

*While California does non take a traditional gun registration arrangement, it generally requires all gun transfers to exist processed through a licensed dealer and requires a state law enforcement agency to maintain records of these transfers in a central database. This arrangement functions similarly to a gun registration system. ¹³

Hawaii

Hawaii requires registration of all firearms with the county police chief within v days of acquisition. The registration must include: (1) the proper noun of the manufacturer and importer; (two) the model, type of activeness, quotient or gauge, and serial number of the firearm; and (iii) the source from which the firearm was obtained, including the name and accost of the previous registrant. In improver, every person who brings a firearm into Hawaii must register the firearm within three days of the arrival of either the person or the firearm, whichever arrives after.^fourteen Hawaii does not require renewal of the registration. Hawaii besides has a licensing scheme, requiring that all firearm purchasers obtain a allow prior to acquisition.¹⁵

The Commune of Columbia

The Commune of Columbia'due south registration constabulary limits the availability of many classes of firearms within the Commune. While the District requires a valid registration certificate for every gun that is purchased, sold, transferred, or possessed in the Commune,^xvi many classes of especially dangerous firearms may non be registered. For case, sawed-off shotguns, machine guns, short-barreled rifles, assault weapons, .50 BMG rifles, and "unsafe firearms" as defined by Commune law, may not exist 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 system holding a registration document for the firearm. In add-on to providing detailed identifying information about the registration applicant and the firearm, applicants are besides required to provide detailed information concerning: i) whether the bidder has e'er been denied whatever firearm-related license, let or registration certificate and, if and then, the reasons for such denial; 2) the applicant'southward role in any mishap involving a firearm, including the date, place, time, circumstances, and names of the persons injured or killed; iii) if the applicant has applied for other registration certificates; and 4) where the firearm generally will exist kept. Applicants undergo a groundwork bank check conducted by the Chief of Constabulary.

Registration applicants are required to complete a firearm rubber class. Registered owners are required to notify the Chief of Police force of the loss, theft, or destruction of the registration certificate or of a registered firearm. Registrants must too notify the Chief of the sale, transfer, or other disposition of the firearm inside two business organisation days of such auction, 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, following a background check. The license must specify the weapon by quotient, brand, model, manufacturer'south name, and series number, and must bespeak if the handgun may be carried on the person or possessed in a item location. A license holder may apply at whatever 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 15, 2013, such license must exist "recertified" with the segmentation of state police every five years. The recertification course requests the license holder'southward name, date of birth, gender, race, residential address, social security number, all firearms possessed by such license holder, email address (at the selection 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 Report Their Firearms

• California^xix
• Maryland^twenty (handguns and set on weapons)

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

States that Require Registration of Pre-Ban Assault Weapons, 50 Caliber Rifles, or Big Capacity Magazines

• California²¹ (attack weapons and l caliber rifles)
• Connecticut²² (assault weapons and big capacity magazines)
• Hawaii²³ (assault pistols)
• Maryland²⁴ (assail pistols)
• New Bailiwick of jersey²⁵ (assault weapons)
• New York²⁶ (assault weapons)

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

In 2013, Connecticut enacted legislation which bans large chapters ammunition magazines (capable of belongings more than 10 rounds), and requires persons lawfully possessing such magazines prior to January 1, 2014 to apply with the state before Jan one, 2014 in lodge to maintain possession. A person moving into the state with a large capacity magazine must employ to maintain possession within 90 days.

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States that Prohibit Registries of Firearms

• Delaware²⁹
• Florida^thirty
• Georgia³¹
• Idaho³²
• Pennsylvania (long guns but)³³
• Rhode Island³⁴
• South Dakota³⁵
• Tennesse³⁶
• Vermont³⁷

Eight states are explicitly prohibited by law from maintaining a registry of any firearms. Nevertheless, many of these prohibitions contain general categories of exceptions, such as records relating to persons who take been convicted of a offense.

States that Require Reporting of Gun Sales or Transfers

Many states require the reporting of firearm sales and transfers to a state or local agency, which maintains these records. For data most such laws, encounter 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 instance of firearms already owned or brought into the jurisdiction, immediately after the firearm is brought into the jurisdiction or the effective appointment of the law(District of Columbia; Hawaii requires registration within five days of conquering of firearm and within 3 days of moving into the land with a firearm).
• Registration includes: name, address and other identifying information about the owner of the firearm; names of manufacturer and importer; model, type of activity, caliber or gauge, and serial number of firearm; and proper noun and address of source from which firearm was obtained(Hawaii, Commune 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 study whatever loss, theft or transfer of the registered firearm to law enforcement within a short time of the upshot 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 sure classes of firearms such as assault weapons, fifty quotient rifles, and large capacity magazines).

Universal Background Checks

Universal background checks are essential to shut mortiferous loopholes in our laws that let millions of guns to end upwardly in the easily of individuals at an elevated run a risk of committing violence each yr.

Licensing

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

Firearm Relinquishment

Firearm relinquishment laws are critical 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 owner or purchaser of the firearm, while registration is directed to the weapon itself. As shown in this assay, some jurisdictions incorporate elements of licensing in their registration laws, and vice versa.[↩]
2. Daniel W. Webster et al.,Human relationship Between Licensing, Registration, and Other Gun Sales Laws and the Source State of Law-breaking Guns, seven Inj. Prevention 184, 188-89 (2001). The study included jurisdictions with concealed carry permits and dealer sales reporting, which accept elements of licensing or registration just are not comprehensive licensing or registration systems.[↩]
3. "Public Divided On Assault Weapons Policy" Monmouth University Poll. Sept. 9, 2019 at https://www.monmouth.edu/polling-institute/reports/monmouthpoll_us_090919/.[↩]
4. Lake, Snell, Perry & Associates, Inc. Poll,Educational Fund to Stop Gun Violence (May xv-21, 2001), at http://www.commondreams.org/news2001/0612-05.htm.[↩]
5. 18 United states of americaC. § 926(a); 28 C.F.R. § 25.ix(b)(3).[↩]
6. 26 UsC. § 5845(a). The Deed also includes, in a category defined as "any other weapon," certain smooth-bore handguns. 26 UsC. § 5845(a), (e). The vast majority of handguns are excluded.[↩]
7. 18 UsaC. § 922(o).See as well 18 U.South.C. § 922(b)(4). 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 UsC. § 5802. In addition, anyone wishing to industry, make, import, or transfer such weapons must first register them. 26 U.S.C. §5841(b). The transferee of any of these weapons cannot take possession until the Secretary approves the transfer and registration of the weapon to the transferee. 26 U.S.C. § 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 U.South.C. §5841(a).See as well 27 C.F.R. §§ 479.101, 479.105.[↩]
9. xviii U.s.a.C. § 922(b)(4).[↩]
10. New York'southward licensing constabulary functions every bit a handgun registration arrangement, with handgun owners being required to recertify their licenses every five years.[↩]
11. Haw. Rev. Stat. Ann. §§ 134-3(a), (b), 134-iv.[↩]
12. D.C. Code Ann. §§ seven-2502.01-7-2502.x; D.C. Mun. Regs. tit. 24, §§ 2311- 2320.[↩]
13. For more information, come across our summary on Maintaining Records of Gun Sales, and our page on Retention of Sales Records in California.[↩]
14. Hawaii's registration statute likewise provides that all registration information that place the registrant's name or address shall be confidential, except for utilize by police enforcement or a use mandated past courtroom gild.[↩]
15. Hawaii's permitting laws are described in our summary on Licensing.[↩]
16. These registration requirements do not utilise to anyone holding a valid firearms dealer license, so long as the firearm is acquired in the normal grade of business, stored at the dealer's business organisation location, and is non for the dealer'due south personal use or protection.[↩]
17. Law enforcement personnel, members of the military machine, licensed dealers and not-residents participating in lawful firearm-related recreational activities are exempt from the registration requirements.[↩]
18. 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. Medico. Lawmaking 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. §§ 134-3(a), (b), 134-four. Hawaii bans assail pistols, but non assault long guns.[↩]
24. Md. Lawmaking Ann., Crim. Police § 4-303. Maryland bans both assault pistols and assault long guns, just only grandfathered set on pistols must be registered.[↩]
25. North.J. Stat. Ann. §§ 2C:39-5f, 2C:58-12.[↩]
26. Due north.Y. Penal Law §§ 265.00(22)(e)-(f), 265.00(23), 400.00(x), (xvi-a), 400.02.[↩]
27. Hawaii bans assault pistols, merely non assault long guns. DC bans assault weapons and does not permit the continued possession of pre-ban assault weapons.[↩]
28. D.C. did not grandpa fifty quotient rifles endemic or possessed at the time the ban was adopted. Additional information on assault weapons, 50 caliber rifles, and big capacity magazines is contained in our summaries on Assault Weapons, fifty-Caliber Weapons, and Large Capacity Magazines, respectively.[↩]
29. Del. Code Ann. tit xi, § 1448A(d)(1), (3); Delaware'south registration prohibition does not apply to person's prohibited from possessing a firearm as divers nether Delaware police.[↩]
30. Fla. Stat. Ann. § 790.335(2), (iii). Florida's prohibition does not utilise to records relating to licenses to carry curtained firearms. Florida police force 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 bedevilled of a crime, records of firearms that have been reported stolen, or records that must be retained past firearm dealers under federal constabulary.[↩]
31. Ga. Lawmaking Ann. § 16-11-129(a). Georgia's registration prohibition applies to the application procedure to obtain a license to carry and prohibits the application grade from requesting data that could exist used as ade facto registration.[↩]
32. Idaho Const., art. ane, § 11. Idaho's prohibition is part of the country's constitution and mandates that "No law shall impose licensure, registration or special taxation 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 Court ruled in Allegheny County Sportsmen'due south League v. Rendell, 860 A.second 10 (Pa. 2004), that the statute did not prohibit Pennsylvania's database of handgun sales.[↩]
34. R.I. Gen. Laws § 11-47-41. Rhode Island'south prohibition does not utilize to firearms that have been used in committing any criminal offense of violence, or to any 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. twenty, § 8(b)(3)(B).[↩]
38. The most comprehensive system of regulating the purchase, 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.[↩]

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

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