Posted on May 21, 2012
Click here to see current summaries of all fifty states’ laws in this area.
Although registration laws vary, they typically require gun owners to record the ownership of their firearms with a designated law enforcement agency. The ownership record should include a full description of the firearm and identifying information about the registrant. In addition, the firearm should be re-registered whenever title to the firearm is transferred, and law enforcement should be notified whenever the weapon is lost or stolen.1
A comprehensive registration law would 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 would undergo an additional background check to ensure that they have not fallen into a class prohibited from owning firearms.
Registration laws provide a cornerstone of responsible gun policy because they:
(1) furnish law enforcement with essential information about firearm ownership, facilitating fast and reliable tracing of crime guns; and (2) reduce illegal firearm sales by creating accountability for gun owners.
Studies note that “the increased information generated by a registration system could speed the tracing of firearms used in crime and could aid police in identifying the type(s) of firearms to which an individual may have access. . . . Registration would in effect function as a super tracing system, offering clear benefits to law enforcement.”2
Registration laws are most effective when combined with laws requiring licensing of firearm owners and purchasers.3 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 have greater success keeping firearms initially sold by dealers in the state from being recovered in crimes than states without such systems in place.4 This suggests that licensing and registration laws may make it more difficult for criminals, juveniles and other prohibited purchasers to obtain guns, and help ensure that firearm owners remain eligible to possess their weapons.
Opinion polls show that the American public overwhelmingly supports handgun registration. A May 2001 poll found that 83% of respondents, including 72% of gun owners, favored registration of all newly-purchased handguns.5
Summary of Federal Law
There is no comprehensive national system 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.6
A limited system of federal firearms registration was created by the National Firearms Act, 26 U.S.C. § 5801 et seq. The National Firearms Act was enacted in 1934 to impose an excise tax and registration requirements on a narrow category of firearms, including machine guns, short-barreled shotguns or rifles, and silencers.7
In 1986, Congress banned the transfer and possession of machine guns not already in lawful circulation.8 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.9 It is also unlawful for a licensed dealer to sell a short-barreled rifle or shotgun to any person, except as specifically authorized by the Attorney General consistent with public safety and necessity.10
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 General, the registration system created by the National Firearms Act falls far short of a comprehensive registration system.
SUMMARY OF STATE LAWS CONCERNING REGISTRATION OF FIREARMS
Six states and the District of Columbia require registration of some or all firearms. Hawaii and the District of Columbia require the registration of all firearms, and New York requires the registration of all handguns through its licensing law.11 Hawaii, New York and four other states also 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, see the Assault Weapons, 50 Caliber Rifles, and Large Capacity Magazines Policy Summaries.
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 the Retention of Records and Reporting of Sales Policy Summary. California and Maryland also require new residents to report certain firearms that they bring into the state.
Conversely, eight states have statutes prohibiting them from maintaining a registry of firearms except in limited circumstances.
States that Require Registration of Handguns
States that Require Registration of Pre-Ban Assault Weapons or 50 Caliber Rifles
California17 (assault weapons and 50 caliber rifles)
Connecticut18 (assault weapons and large capacity magazines)
Hawaii19 (assault pistols)
Maryland20 (assault pistols)
New Jersey21 (assault weapons)
New York22 (assault weapons)
Description of State Laws Concerning Gun Registration
1. States That Require Registration of All Firearms: Only Hawaii and the District of Columbia require the registration of all firearms.
Hawaii requires registration of all firearms with the county police chief within five days of acquisition. The registration must include: (1) the name of the manufacturer and importer; (2) 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 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.31 Hawaii does not require renewal of the registration. Hawaii also has a licensing scheme, requiring that all firearm purchasers obtain a permit prior to acquisition.32
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,33 many classes of especially dangerous firearms may not be registered. For example, sawed-off shotguns, machine guns, short-barreled rifles, assault weapons, .50 BMG rifles, and “unsafe firearms” as defined by District law, 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 organization holding a registration certificate for the firearm. In addition to providing detailed identifying information about the registration applicant 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 so, the reasons for such denial; 2) the applicant’s 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 generally will be kept. Applicants undergo a background check conducted by the Chief of Police.
Registration applicants are required to complete a written exam and a firearms 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 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 any firearm that has been lost, stolen, destroyed, or otherwise disposed of or transferred.34 Firearm registrations in the District must be renewed every three years.
2. States that Require Registration of Handguns: 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 caliber, make, model, manufacturer’s name and serial number, and must indicate if the handgun may be carried on the person or possessed in a particular 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 15, 2013, such license must be “recertified” with the division of state police every five years. The recertification form requests the license holder’s name, 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 recertify results in the revocation of the license.
3. States that Require New Residents to Report Their Firearms: California and Maryland require new residents to provide a report regarding firearms they own to law enforcement. More specifically, any handgun owner who moves into California from out-of-state on or after January 1, 1998 or any firearm owner who moves into California on or after January 1, 2014 is deemed a “personal firearm importer.” Within 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 register all handguns or assault weapons within 90 days of moving into the state.
4. States that Require Registration of Pre-Ban Assault Weapons, 50 Caliber Rifles, and/or Large Capacity Magazines: Six states (California, Connecticut, Hawaii, Maryland, New Jersey, and New York) have banned assault weapons,35 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 need to be registered. In California (the only state that currently bans the possession of 50 caliber rifles) any person who lawfully possessed a 50 caliber rifle before January 1, 2005, must have registered it no later than April 30, 2006 in order to retain possession of the firearm.36
In 2013, Connecticut enacted legislation which bans large capacity ammunition magazines (capable of holding more than 10 rounds), and requires persons lawfully possessing such magazines prior to January 1, 2014 to apply with the state before January 1, 2014 in order to maintain possession. A person moving into the state with a large capacity magazine must apply to maintain possession within 90 days.
4. States That Prohibit Registration of Some or All Firearms: Eight states are explicitly prohibited by law from maintaining a registry of any firearms. However, many of these prohibitions contain general categories of exceptions, such as records relating to persons who have been convicted of a crime. Delaware,37 Florida,38 Georgia,39 Idaho,40 Rhode Island,41 South Dakota,42 and Vermont43 prohibit keeping any registry of privately owned firearms. Pennsylvania prohibits any registry of long guns.44
FEATURES OF COMPREHENSIVE FIREARM REGISTRATION LAW45
The features listed below are intended to provide a framework from which policy options may be considered and debated. The LawCenter has not attempted to include every provision or every creative approach identified in the analysis above, nor have we addressed appropriate exceptions so that the regulation does not produce unintended consequences. A jurisdiction considering modifying existing, or developing new legislation in this area should consult with counsel to ensure its legal sufficiency and compatibility with existing codes and statutes, as appropriate.
- 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 5 days of acquisition of firearm and within 3 days of moving into the state 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 action, caliber or gauge, and serial number of firearm; and name and address of source from which firearm was obtained (Hawaii, District of Columbia)
- Registered owners are required to renew registration annually, including submitting to a background check (D.C. requires renewal every three years; New York requires handgun licensees to recertify their licenses every five years)
- Registered owners are required to report any loss, theft or transfer of the registered firearm to law enforcement within a short time of the event and to turn in their registration card or certificate upon loss, theft or transfer (District 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 as assault weapons, 50 caliber rifles, and large capacity magazines)
- Sales reporting laws, unlike registration laws, require the seller of a firearm to report the sale to state or local law enforcement, thus placing the duty of compliance on the seller and not on the firearm owner. In addition, sales reporting occurs only at the time of purchase and not at regular intervals thereafter. Additional information on sales reporting requirements and retention of sales records is contained in the sections on Dealer Regulations and Retention of Firearm Sales and Background Check Records. [↩]
- Violence Policy Center, Handgun Licensing and Registration: What It Can and Cannot Do, Section Two: Licensing and Registration (Sept. 2000), at http://www.vpc.org/studies/lnrtwo.htm. [↩]
- Conceptually, licensing is directed to the owner or purchaser of the firearm, while registration is directed to the weapon itself. As shown in this analysis, some jurisdictions incorporate elements of licensing in their registration laws, and vice versa. Hawaii is the only state that has a combined licensing and registration system. Detailed information on laws requiring licensing of firearm owners and purchasers is contained in the section on Licensing of Gun Owners or Purchasers. [↩]
- Daniel W. Webster et al., Relationship Between Licensing, Registration, and Other Gun Sales Laws and the Source State of Crime 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. [↩]
- Press Release, The Educational Fund to Stop Gun Violence, New Poll Finds American Voters Overwhelmingly Support Handgun Licensing and Registration, Criminal Background Checks (June 12, 2001), at http://www.commondreams.org/news2001/0612-05.htm. [↩]
- 28 C.F.R. § 25.9(b)(3). [↩]
- 26 U.S.C. § 5845(a). The Act also includes, in a category defined as “any other weapon,” certain smooth-bore handguns. 26 U.S.C. § 5845(a), (e). The vast majority of handguns are excluded. [↩]
- 18 U.S.C. § 922(o). See also 18 U.S.C. § 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 with the Secretary of the Treasury. 26 U.S.C. § 5802. In addition, anyone wishing to manufacture, 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 National Firearms Act Branch of ATF maintains the registry, known as the National Firearms Registration and Transfer Record. Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Dep’t of Justice, Brochure of the National Firearms Act Branch, at http://www.atf.gov/pub/nfab/. 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.S.C. § 5841(a). See also 27 C.F.R. §§ 479.101, 479.105. [↩]
- 18 U.S.C. § 922(b)(4). [↩]
- New York’s licensing law functions as a handgun registration system, with handgun owners being required to recertify their licenses every five years. [↩]
- D.C. Code Ann. §§ 7-2502.01-7-2502.10; D.C. Mun. Regs. tit. 24, §§ 2311- 2320.. [↩]
- Haw. Rev. Stat. Ann. §§ 134-3(a), (b), 134-4. [↩]
- N.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 Code §§ 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), 134-4. Hawaii bans assault pistols, but not assault long guns. [↩]
- Md. Code Ann., Crim. Law § 4-303. Maryland bans both assault pistols and assault long guns, but only grandfathered assault pistols must be registered. [↩]
- N.J. Stat. Ann. §§ 2C:39-5f, 2C:58-12. [↩]
- N.Y. Penal Law §§ 265.00(22)(e)-(f), 265.00(23), 400.00(10), (16-a), 400.02. [↩]
- Del. Code Ann. tit 11, § 1448A(d)(1), (3). [↩]
- Fla. Stat. Ann. § 790.335(2), (3). [↩]
- Ga. Code Ann. § 16-11-129(a). [↩]
- Idaho Const., art. 1, § 11. [↩]
- 18 Pa. Cons. Stat. § 6111.4 (long guns only). [↩]
- R.I. Gen. Laws § 11-47-41. [↩]
- S.D. Codified Laws § 23-7-8.6. [↩]
- Vt. Stat. Ann. tit. 20, § 8(b)(3)(B). [↩]
- Hawaii’s registration statute also provides that all registration data that identify the registrant’s name or address shall be confidential, except for use by law enforcement or a use mandated by court order. [↩]
- Hawaii’s permitting laws are described in the Licensing of Gun Owners or Purchasers Policy Summary. [↩]
- Note: These registration requirements do not apply to anyone holding a valid firearms dealer license, so long as the firearm is acquired in the normal course of business, stored at the dealer’s business location, and is not for the dealer’s personal use or protection. [↩]
- 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. [↩]
- Hawaii bans assault pistols, but not assault long guns. D.C. bans assault weapons and does not allow the continued possession of pre-ban assault weapons. [↩]
- D.C. did not grandfather 50 caliber rifles owned or possessed at the time the ban was adopted. Additional information on assault weapons, 50 caliber rifles, and large capacity magazines is contained in the Assault Weapons, 50 Caliber Rifles, and Large Capacity Magazines Policy Summaries, respectively. [↩]
- Del. Code Ann. tit 24, § 904A. Delaware’s registration prohibition does not apply to person’s prohibited from possessing a firearm as defined under Delaware law. [↩]
- Fla. Stat. Ann. § 790.335. Florida’s prohibition does not apply to records relating to licenses to carry 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 any 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 under federal law. [↩]
- Ga. Code Ann. § 16-11-129(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 as a de facto registration. [↩]
- Idaho Const., art. 1, § 11. Idaho’s prohibition is part of the state’s constitution and mandates that “No law shall impose licensure, registration or special taxation on the ownership or possession of firearms or ammunition.” [↩]
- R.I. Gen. Laws § 11-47-41. Rhode Island’s prohibition does not apply to firearms that have been used in committing any crime of violence, or to any person who has been convicted of a crime of violence. [↩]
- S.D. Codified Laws § 23-7-8.6. [↩]
- Vt. Stat. Ann. tit. 20, § 8(b)(3)(B). [↩]
- 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 Court 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. [↩]
- The most comprehensive system of regulating the purchase, possession and ownership of firearms combines licensing of gun owners with registration of all firearms. Additional information on licensing of firearm owners is contained in the Licensing of Gun Owners or Purchasers Policy Summary. [↩]