Do You Need To Register A Shotgun
Firearm registration systems are a useful method of curbing illegal gun activeness and encouraging responsible gun practices.
Laws requiring gun owners to register their firearms ensure gun owner accountability and help police force 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.
Background
Firearm registration laws require individuals to record their buying of a firearm with a designated police force enforcement agency. These laws enable law enforcement to place, disarm, and prosecute violent criminals and people illegally in possession of firearms. Registration systems as well create accountability for firearm owners and discourage illegal sales. Information generated by firearm registration systems can also help protect law enforcement officers responding to an incident by providing them with data most whether firearms may be present at the scene and, if so, how many and what types.
Offense Gun Tracing
Firearm registration laws can pb to the identification and prosecution of violent criminals by helping law enforcement quickly and reliably "trace" (identify the source of) firearms recovered from crime 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 likewise 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. Equally a result, registration laws help law enforcement quickly and reliably place the possessor of whatever firearm used in a offense.
Additional information on crime gun tracing, firearm sales reporting requirements and retention of firearm sales records is contained in our summary on Maintaining Records of Gun Sales.
Disarming Ineligible People
Firearm registration laws besides assistance police force enforcement retrieve firearms from persons who have become legally prohibited from possessing them through criminal convictions or other prohibitions. Comprehensive registration laws require gun owners to renew their registration annually or 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 non 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 assist reduce illegal firearm sales and transfers past creating accountability for gun owners. A firearm owner 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 dangerous individual, and may be encouraged to shop his or her firearm safely so as to prevent unauthorized access or theft. Registration laws also help deter "harbinger 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 dorsum to him or her. For more than information almost straw purchases, see our summary on Gun Trafficking & Harbinger Purchasing.
Combining Registration with Licensing
Registration laws are most effective when combined with laws requiring licensing of firearm owners and purchasers.one A 2001 study analyzing the firearm tracing information of crime guns recovered in 25 U.s.a. cities revealed that states with some grade of both registration and licensing take greater success keeping firearms initially sold by dealers in the state from being recovered in crimes than states without such systems in place.2 This information suggests that licensing and registration laws make it more difficult 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, run across our summary on Licensing.
Public Support
The American public strongly supports laws requiring gun registration.A nationwide survey conducted in August 2019 found that 62% of respondents favor laws requiring every gun possessor to register each gun he or she owns as office of a national gun registry.3 A poll conducted in May 2001 found that 70% of respondents mistakenly believe that a registration organization already exists in the United States.4
Summary of Federal Police force
In that location is no comprehensive national arrangement of gun registration. In fact, federal law prohibits the use of the National Instant Criminal Background Cheque Organisation (NICS) to create any organisation of registration of firearms or firearm owners. v
A limited arrangement of federal firearms registration was created by the National Firearms Act, 26 UsaC. § 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 besides be registered under the NFA.6
In 1986, Congress banned the transfer and possession of automobile guns not already in lawful circulation.7 Machine guns that were lawfully endemic prior to the ban's effective engagement may keep to be endemic and transferred provided they are registered in accord with requirements of the National Firearms Act.8 It is also unlawful for a licensed dealer to sell a short-barreled burglarize or shotgun to whatsoever person, except as specifically authorized by the Attorney General consistent with public safety and necessity.ix
With its provisions finer limited to pre-ban machine guns and transfers of curt-barreled rifles and shotguns that are specifically authorized by the attorney general, the registration system created past the National Firearms Act falls far brusk of a comprehensive registration system.
For information about the federal police relating to firearms tracing, see our summary on Gun Trafficking & Straw Purchasing.
Summary of State Constabulary
Six states and the Commune of Columbia require registration of some or all firearms. Hawaii and the Commune of Columbia crave the registration of all firearms, California maintains a database of gun transfer records, and New York requires the registration of all handguns through its licensing law.ten Hawaii, New York, and four other states likewise have a registration system for certain highly dangerous firearms, such as assault weapons. These states generally ban such firearms, but let the connected possession of grandfathered weapons if they were owned earlier the ban was adopted and are registered. For more information about such laws, see our summaries on Assault Weapons, 50-Caliber Weapons, and Large Capacity Magazines.
Additional 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. California and Maryland as well crave new residents to report certain 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 non take a traditional gun registration system, information technology generally requires all gun transfers to be candy through a licensed dealer and requires a land law enforcement agency to maintain records of these transfers in a primal database. This organisation functions similarly to a gun registration system. 13
Hawaii
Hawaii requires registration of all firearms with the county constabulary master within five days of acquisition. The registration must include: (1) the name of the manufacturer and importer; (2) the model, type of activeness, caliber or judge, 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 on.fourteen Hawaii does non require renewal of the registration. Hawaii also has a licensing scheme, requiring that all firearm purchasers obtain a allow prior to acquisition.xv
The District of Columbia
The District of Columbia'southward registration police force 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 specially unsafe firearms may not exist registered. For case, sawed-off shotguns, machine guns, short-barreled rifles, assault weapons, .l BMG rifles, and "unsafe firearms" as divers by Commune police, may not be registered.
The Commune 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 bidder and the firearm, applicants are also required to provide detailed information apropos: one) whether the bidder has ever been denied any firearm-related license, allow or registration certificate and, if and then, the reasons for such denial; 2) the applicant'due south role in whatsoever mishap involving a firearm, including the date, place, time, 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 will exist kept. Applicants undergo a background cheque conducted by the Master of Police.
Registration applicants are required to complete a firearm safety form. Registered owners are required to notify the Principal 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 auction, 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.17
States that Crave Registration of Handguns
- New York18
New York generally requires anyone wishing to possess a handgun to commencement obtain a license, following a background check. The license must specify the weapon by quotient, make, model, manufacturer's name, and serial number, and must point if the handgun may exist carried on the person or possessed in a detail 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 nether license. As of January 15, 2013, such license must be "recertified" with the segmentation of state police every five years. The recertification class requests the license holder's name, date of nascence, gender, race, residential address, social security number, all firearms possessed past such license holder, email accost (at the option of the license holder), and an affidavit 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 Study Their Firearms
- California19
- Marylandxx (handguns and attack weapons)
California and Maryland require new residents to provide a report regarding firearms they own to law enforcement. More specifically, whatever handgun possessor who moves into California from out-of-state on or afterward January 1, 1998, or any firearm owner who moves into California on or later on January i, 2014, is deemed a "personal firearm importer." Inside 60 days, the person must sell or transfer the firearm through a licensed dealer or to a sheriff or law department, or provide a study to DOJ regarding the firearm. Maryland enacted a similar law in 2013 that requires any new resident to annals all handguns or assault weapons inside 90 days of moving into the land.
States that Crave Registration of Pre-Ban Assault Weapons, fifty Caliber Rifles, or Big Chapters Magazines
- California21 (assault weapons and fifty caliber rifles)
- Connecticut22 (assail weapons and large capacity magazines)
- Hawaii23 (assail pistols)
- Maryland24 (assault pistols)
- New Jersey25 (assault weapons)
- New York26 (assail weapons)
Vi states (California, Connecticut, Hawaii, Maryland, New Bailiwick of jersey, and New York) take banned assail weapons,27 only 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 land that currently bans the possession of 50 caliber rifles) any person who lawfully possessed a 50 caliber rifle earlier January 1, 2005, must have registered it no afterward than April 30, 2006, in guild to retain possession of the firearm.28
In 2013, Connecticut enacted legislation which bans large capacity ammunition magazines (capable of holding more than ten rounds), and requires persons lawfully possessing such magazines prior to January 1, 2014 to apply with the land before January 1, 2014 in social club to maintain possession. A person moving into the country with a large capacity magazine must use to maintain possession within 90 days.
Become THE FACTS
Gun violence is a complex problem, and while there's no one-size-fits-all solution, we must human activity. Our reports bring you lot the latest cutting-edge research and analysis about strategies to end our land's gun violence crisis at every level.
Larn MoreStates that Prohibit Registries of Firearms
- Delaware29
- Florida30
- Georgia31
- Idaho32
- Pennsylvania (long guns only)33
- Rhode Isle34
- South Dakota35
- Tennesse36
- Vermont37
Eight states are explicitly prohibited by law from maintaining a registry of any firearms. However, many of these prohibitions contain full 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 agency, which maintains these records. For information near such laws, see 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 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 inside 5 days of acquisition of firearm and within 3 days of moving into the land with a firearm).
- Registration includes: proper name, address and other identifying information about the owner of the firearm; names of manufacturer and importer; model, type of action, caliber or judge, and serial number of firearm; and proper noun 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 any loss, theft or transfer of the registered firearm to law enforcement inside a curt fourth dimension of the result and to turn in their registration card or document 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 exist possessed and to whom they may exist transferred (particularly relevant for sure classes of firearms such every bit assail weapons, 50 caliber rifles, and large capacity magazines).
Universal Background Checks
Universal groundwork checks are essential to close deadly loopholes in our laws that permit millions of guns to end upwardly in the hands of individuals at an elevated risk of committing violence each twelvemonth.
Licensing
Licensing laws are safety measures proven to promote rubber 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 and so.
- 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 contain elements of licensing in their registration laws, and vice versa.[↩]
- Daniel W. Webster et al.,Human relationship Betwixt 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 only 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 End Gun Violence (May 15-21, 2001), at http://www.commondreams.org/news2001/0612-05.htm.[↩]
- eighteen U.s.C. § 926(a); 28 C.F.R. § 25.9(b)(3).[↩]
- 26 United statesC. § 5845(a). The Deed also includes, in a category defined as "whatsoever other weapon," certain smooth-bore handguns. 26 U.S.C. § 5845(a), (e). The vast majority of handguns are excluded.[↩]
- 18 The statesC. § 922(o).See also eighteen United statesC. § 922(b)(iv). Transfers to or by, or possession by, federal, country or local government agencies are exempt.[↩]
- 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 addition, anyone wishing to manufacture, make, import, or transfer such weapons must start annals 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 UsC. § 5841(c). The registry includes: (1) an identification of the firearm; (2) the engagement of registration; and (3) the identification and accost of the person entitled to possess the firearm. 26 U.s.C. §5841(a).See also 27 C.F.R. §§ 479.101, 479.105.[↩]
- eighteen U.s.a.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 v years.[↩]
- Haw. Rev. Stat. Ann. §§ 134-iii(a), (b), 134-four.[↩]
- D.C. Code Ann. §§ seven-2502.01-7-2502.ten; 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 also provides that all registration data that identify the registrant's proper noun or address shall exist confidential, except for utilize by police force enforcement or a use mandated past courtroom order.[↩]
- Hawaii'due south permitting laws are described in our summary on Licensing.[↩]
- These registration requirements do non apply to anyone holding a valid firearms dealer license, so long every bit the firearm is caused in the normal course of business, stored at the dealer's business location, and is not for the dealer's personal employ or protection.[↩]
- Law enforcement personnel, members of the armed services, licensed dealers and non-residents participating in lawful firearm-related recreational activities are exempt from the registration requirements.[↩]
- Due north.Y. Penal Police force §§ 265.00(22)(eastward)-(f), 265.00(23), 400.00(10), (16-a), 400.02.[↩]
- Cal. Penal Code §§ 17000, 27560.[↩]
- Md. Lawmaking Ann., Pub. Safety §§ v-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), 134-4. Hawaii bans assault pistols, but non assault long guns.[↩]
- Doctor. Code Ann., Crim. Law § 4-303. Maryland bans both assault pistols and assault long guns, but only grandfathered attack pistols must exist registered.[↩]
- N.J. Stat. Ann. §§ 2C:39-5f, 2C:58-12.[↩]
- N.Y. Penal Police §§ 265.00(22)(e)-(f), 265.00(23), 400.00(10), (16-a), 400.02.[↩]
- Hawaii bans assail pistols, simply non attack long guns. DC bans set on 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 data on assault weapons, 50 quotient rifles, and large capacity magazines is independent in our summaries on Assault Weapons, 50-Caliber Weapons, and Large Chapters Magazines, respectively.[↩]
- Del. Code Ann. tit 11, § 1448A(d)(1), (3); Delaware's registration prohibition does not apply to person'due south prohibited from possessing a firearm as defined under Delaware constabulary.[↩]
- Fla. Stat. Ann. § 790.335(two), (iii). Florida'due south prohibition does not employ 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 take been used in committing a crime, records relating to any person who has been convicted of a crime, records of firearms that accept been reported stolen, or records that must be retained by firearm dealers nether federal police force.[↩]
- Ga. Code Ann. § xvi-eleven-129(a). Georgia's registration prohibition applies to the awarding process to obtain a license to acquit and prohibits the application class from requesting data that could be used as ade facto registration.[↩]
- Idaho Const., art. one, § 11. Idaho's prohibition is role 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 armament."[↩]
- xviii 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 five. Rendell, 860 A.2nd 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 take been used in committing whatever crime of violence, or to any person who has been bedevilled of a law-breaking of violence.[↩]
- S.D. Codified Laws § 23-7-8.half-dozen.[↩]
- Tenn. Code Ann. § 39-17-1367(b).[↩]
- Vt. Stat. Ann. tit. xx, § eight(b)(3)(B).[↩]
- The well-nigh comprehensive system of regulating the purchase, possession and ownership of firearms combines licensing of gun owners with registration of all firearms. Boosted information on licensing of firearm owners is contained in our summary on Licensing.[↩]
Do You Need To Register A Shotgun,
Source: https://giffords.org/lawcenter/gun-laws/policy-areas/owner-responsibilities/registration/
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