How Can You Find Out Who A Pistol Is Registered

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

Background

Firearm registration laws require individuals to record their ownership of a firearm with a designated law enforcement bureau. These laws enable police enforcement to identify, disarm, and prosecute vehement criminals and people illegally in possession of firearms. Registration systems besides create accountability for firearm owners and discourage illegal sales. Information generated by firearm registration systems can also assist protect constabulary enforcement officers responding to an incident by providing them with information virtually whether firearms may exist present at the scene and, if so, how many and what types.

Crime Gun Tracing

Firearm registration laws tin lead to the identification and prosecution of violent criminals past helping law enforcement quickly and reliably "trace" (identify the source of) firearms recovered from offense scenes. Firearm registration laws create comprehensive records of firearm ownership, which include a total clarification of each firearm and place the owner. Comprehensive registration laws also require a firearm to exist re-registered whenever title to the firearm is transferred, and law enforcement to be notified whenever the weapon is lost or stolen. As a result, registration laws aid law enforcement speedily and reliably place the owner of whatsoever firearm used in a crime.

Additional information on law-breaking gun tracing, firearm sales reporting requirements and retention of firearm sales records is independent in our summary on Maintaining Records of Gun Sales.

Disarming Ineligible People

Firearm registration laws also aid police 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 boosted background checks to ensure that they have not fallen into a class prohibited from possessing firearms. The renewal procedure, therefore, creates an opportunity for constabulary enforcement to remove illegally possessed firearms.

Gun Owner Accountability

In addition, registration laws aid reduce illegal firearm sales and transfers by creating accountability for gun owners. A firearm possessor who knows that law enforcement has the ability to trace the firearm back to him or her may be deterred from transferring the firearm to a potentially unsafe individual, and may exist encouraged to store his or her firearm safely so as to forestall 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 avert having the gun traced back to him or her. For more than information nearly harbinger purchases, see our summary on Gun Trafficking & Straw Purchasing.

Combining Registration with Licensing

Registration laws are about effective when combined with laws requiring licensing of firearm owners and purchasers.¹ A 2001 written report analyzing the firearm tracing data of crime guns recovered in 25 United states of america cities revealed that states with some course of both registration and licensing have greater success keeping firearms initially sold past dealers in the land from being recovered in crimes than states without such systems in identify.ⁱⁱ This data suggests that licensing and registration laws make it more than difficult for criminals, juveniles, and other prohibited purchasers to obtain guns, and help 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 owner to register each gun he or she owns as function of a national gun registry.³ A poll conducted in May 2001 found that 70% of respondents mistakenly believe that a registration system already exists in the United States.⁴

Summary of Federal Law

In that location is no comprehensive national organisation of gun registration. In fact, federal law prohibits the use of the National Instant Criminal Background Bank check Organization (NICS) to create whatever system of registration of firearms or firearm owners. ^v

A limited system of federal firearms registration was created by the National Firearms Deed, 26 United states of americaC. § 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 car guns, short-barreled shotguns or rifles, and silencers, and these weapons must likewise be registered under the NFA.⁶

In 1986, Congress banned the transfer and possession of machine guns not already in lawful apportionment.⁷ Machine guns that were lawfully owned prior to the ban'south effective date may proceed to exist owned and transferred provided they are registered in accordance with requirements of the National Firearms Act.⁸ It is also unlawful for a licensed dealer to sell a short-barreled rifle or shotgun to any person, except every bit specifically authorized by the Attorney General consistent with public safety and necessity.^ix

With its provisions effectively limited to pre-ban car guns and transfers of short-barreled rifles and shotguns that are specifically authorized past the attorney full general, the registration system created past the National Firearms Act falls far brusque of a comprehensive registration system.

For information about the federal law relating to firearms tracing, run into our summary on Gun Trafficking & Harbinger Purchasing.

Summary of Country Law

Half-dozen 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, 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 also accept a registration system for sure highly unsafe 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 data nigh such laws, see our summaries on Set on Weapons, fifty-Quotient 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 data about such laws, run across our summary on Maintaining Records of Gun Sales. California and Maryland too require new residents to report sure firearms that they bring into the land.

Conversely, eight 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 have a traditional gun registration system, information technology more often than not requires all gun transfers to be candy through a licensed dealer and requires a land law enforcement bureau to maintain records of these transfers in a primal database. This organization functions similarly to a gun registration system. ^xiii

Hawaii

Hawaii requires registration of all firearms with the canton police main within five days of acquisition. The registration must include: (1) the name of the manufacturer and importer; (ii) the model, blazon of action, caliber or gauge, and serial number of the firearm; and (three) the source from which the firearm was obtained, including the proper name and address of the previous registrant. In improver, every person who brings a firearm into Hawaii must annals the firearm within three days of the arrival of either the person or the firearm, whichever arrives later.¹⁴ Hawaii does not require renewal of the registration. Hawaii likewise has a licensing scheme, requiring that all firearm purchasers obtain a permit prior to acquisition.^fifteen

The District of Columbia

The District of Columbia's registration constabulary limits the availability of many classes of firearms within the District. While the Commune requires a valid registration certificate for every gun that is purchased, sold, transferred, or possessed in the District,^sixteen many classes of peculiarly dangerous firearms may not be registered. For instance, sawed-off shotguns, machine guns, short-barreled rifles, assault weapons, .50 BMG rifles, and "dangerous firearms" as defined past District law, may non be registered.

The Commune of Columbia requires that an awarding for registration exist made prior to taking possession of a firearm from a licensed dealer or any person or arrangement holding a registration document for the firearm. In addition to providing detailed identifying data about the registration applicant and the firearm, applicants are also required to provide detailed data concerning: i) 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 whatever mishap involving a firearm, including the engagement, place, time, circumstances, and names of the persons injured or killed; iii) if the applicant has applied for other registration certificates; and iv) 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 firearm safety course. Registered owners are required to notify the Chief of Police of the loss, theft, or destruction of the registration document or of a registered firearm. Registrants must as well notify the Principal of the sale, transfer, or other disposition of the firearm within ii business days of such sale, transfer or disposition, and must return the registration document for any firearm that has been lost, stolen, destroyed, or otherwise tending of or transferred.¹⁷

States that Require Registration of Handguns

New York¹⁸

New York mostly requires anyone wishing to possess a handgun to get-go 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 employ at any time to his or her licensing officer for subpoena of the license to include more than weapons or to cancel weapons held nether license. As of Jan fifteen, 2013, such license must be "recertified" with the partition of state police every 5 years. The recertification form requests the license holder's name, engagement 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 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^xix
Maryland²⁰ (handguns and attack weapons)

California and Maryland require new residents to provide a study regarding firearms they ain to law enforcement. More specifically, any handgun possessor who moves into California from out-of-state on or later on January 1, 1998, or any firearm possessor who moves into California on or after January ane, 2014, is deemed a "personal firearm importer." Inside 60 days, the person must sell or transfer the firearm through a licensed dealer or to a sheriff or police department, or provide a report to DOJ regarding the firearm. Maryland enacted a similar law in 2013 that requires any new resident to register all handguns or assault weapons inside 90 days of moving into the state.

States that Require Registration of Pre-Ban Attack Weapons, fifty Caliber Rifles, or Big Chapters Magazines

California²¹ (assault weapons and 50 quotient rifles)
Connecticut²² (assault weapons and big capacity magazines)
Hawaii²³ (set on pistols)
Maryland²⁴ (assault pistols)
New Jersey²⁵ (assail weapons)
New York²⁶ (assault weapons)

Six states (California, Connecticut, Hawaii, Maryland, New Jersey, and New York) accept banned assault weapons,²⁷ but allow connected possession of such weapons if they were lawfully owned on a specified date and are registered, except that grandfathered assault long guns in Maryland practise non demand to be registered. In California (the only state that currently bans the possession of l quotient rifles) whatever person who lawfully possessed a 50 caliber burglarize before January 1, 2005, must have registered information technology no afterwards than April 30, 2006, in social club to retain possession of the firearm.²⁸

In 2013, Connecticut enacted legislation which bans large capacity ammunition magazines (capable of holding more 10 rounds), and requires persons lawfully possessing such magazines prior to Jan 1, 2014 to apply with the land earlier January 1, 2014 in order to maintain possession. A person moving into the country with a large chapters magazine must utilize to maintain possession within 90 days.

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States that Prohibit Registries of Firearms

Delaware²⁹
Florida³⁰
Georgia³¹
Idaho³²
Pennsylvania (long guns only)³³
Rhode Island³⁴
Due south Dakota³⁵
Tennesse³⁶
Vermont³⁷

Eight states are explicitly prohibited by police from maintaining a registry of whatever firearms. However, many of these prohibitions incorporate general categories of exceptions, such every bit records relating to persons who accept 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 land or local bureau, which maintains these records. For information about 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 endemic 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 conquering of firearm and within 3 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 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(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 curt time of the event and to plow in their registration card or certificate upon loss, theft or transfer(Commune of Columbia).
Registered owners are required to store all firearms safely and deeply.
Boosted restrictions may include limitations on where registered firearms may be possessed and to whom they may be transferred (specially relevant for sure classes of firearms such as assault weapons, fifty caliber rifles, and large capacity magazines).

Universal Groundwork Checks

Universal background checks are essential to close deadly loopholes in our laws that allow millions of guns to end upward in the easily of individuals at an elevated risk of committing violence each twelvemonth.

Licensing

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

Firearm Relinquishment

Firearm relinquishment laws are critical to forestall people from remaining illegally armed after they've go 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. As shown in this analysis, some jurisdictions incorporate elements of licensing in their registration laws, and vice versa.[↩]
Daniel West. Webster et al.,Human relationship Between Licensing, Registration, and Other Gun Sales Laws and the Source Land of Crime Guns, 7 Inj. Prevention 184, 188-89 (2001). The study included jurisdictions with concealed deport 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-establish/reports/monmouthpoll_us_090919/.[↩]
Lake, Snell, Perry & Associates, Inc. Poll,Educational Fund to Stop Gun Violence (May 15-21, 2001), at http://www.commondreams.org/news2001/0612-05.htm.[↩]
xviii U.s.a.C. § 926(a); 28 C.F.R. § 25.nine(b)(iii).[↩]
26 U.S.C. § 5845(a). The Act likewise includes, in a category defined as "any other weapon," certain smooth-diameter handguns. 26 UsaC. § 5845(a), (eastward). The vast majority of handguns are excluded.[↩]
18 U.Due south.C. § 922(o).Come across also 18 U.s.a.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 Human action to register annually. 26 U.S.C. § 5802. In addition, anyone wishing to industry, make, import, or transfer such weapons must get-go register them. 26 U.s.C. §5841(b). The transferee of whatsoever of these weapons cannot take possession until the Secretary approves the transfer and registration of the weapon to the transferee. 26 U.S.C. § 5841(c). The registry includes: (ane) an identification of the firearm; (2) the date of registration; and (three) the identification and address of the person entitled to possess the firearm. 26 U.Due south.C. §5841(a).Run across as well 27 C.F.R. §§ 479.101, 479.105.[↩]
xviii U.Southward.C. § 922(b)(4).[↩]
New York'south licensing constabulary functions as a handgun registration system, with handgun owners being required to recertify their licenses every five years.[↩]
Haw. Rev. Stat. Ann. §§ 134-3(a), (b), 134-4.[↩]
D.C. Code Ann. §§ seven-2502.01-7-2502.10; D.C. Mun. Regs. tit. 24, §§ 2311- 2320.[↩]
For more information, run across our summary on Maintaining Records of Gun Sales, and our page on Retention of Sales Records in California.[↩]
Hawaii'due south registration statute besides provides that all registration data that place the registrant'southward name or accost shall exist confidential, except for apply by law enforcement or a utilise mandated by court gild.[↩]
Hawaii's permitting laws are described in our summary on Licensing.[↩]
These registration requirements practice non employ to anyone property a valid firearms dealer license, so long equally the firearm is acquired in the normal grade of business, stored at the dealer's business concern location, and is not for the dealer's personal use or protection.[↩]
Law enforcement personnel, members of the military machine, licensed dealers and non-residents participating in lawful firearm-related recreational activities are exempt from the registration requirements.[↩]
N.Y. Penal Law §§ 265.00(22)(eastward)-(f), 265.00(23), 400.00(ten), (xvi-a), 400.02.[↩]
Cal. Penal Lawmaking §§ 17000, 27560.[↩]
Dr.. Code Ann., Pub. Rubber §§ five-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-iii(a), (b), 134-4. Hawaii bans attack pistols, merely not attack long guns.[↩]
Md. Code Ann., Crim. Law § iv-303. Maryland bans both assault pistols and assault long guns, but only grandfathered assail pistols must be registered.[↩]
Northward.J. Stat. Ann. §§ 2C:39-5f, 2C:58-12.[↩]
Due north.Y. Penal Constabulary §§ 265.00(22)(eastward)-(f), 265.00(23), 400.00(10), (16-a), 400.02.[↩]
Hawaii bans assault pistols, but not assault long guns. DC bans assault weapons and does non allow the continued possession of pre-ban attack weapons.[↩]
D.C. did not granddaddy 50 caliber rifles owned or possessed at the time the ban was adopted. Additional information on assault weapons, l caliber rifles, and large capacity magazines is contained in our summaries on Set on 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'southward prohibited from possessing a firearm every bit divers under Delaware police.[↩]
Fla. Stat. Ann. § 790.335(2), (3). Florida'south prohibition does non utilise to records relating to licenses to conduct concealed firearms. Florida constabulary contains a number of other exceptions to the prohibition, including only non express to: records of firearms that take been used in committing a offense, 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-eleven-129(a). Georgia'due south registration prohibition applies to the application procedure to obtain a license to carry and prohibits the awarding form from requesting data that could be used every bit ade facto registration.[↩]
Idaho Const., art. 1, § eleven. Idaho's prohibition is part of the state's constitution and mandates that "No law shall impose licensure, registration or special tax on the ownership or possession of firearms or ammunition."[↩]
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 Courtroom ruled in Allegheny County Sportsmen's League v. Rendell, 860 A.2nd x (Pa. 2004), that the statute did not prohibit Pennsylvania'south database of handgun sales.[↩]
R.I. Gen. Laws § eleven-47-41. Rhode Island's prohibition does not use to firearms that have been used in committing whatever criminal offence of violence, or to whatsoever person who has been bedevilled of a crime of violence.[↩]
Southward.D. Codified Laws § 23-7-8.half dozen.[↩]
Tenn. Code Ann. § 39-17-1367(b).[↩]
Vt. Stat. Ann. tit. 20, § 8(b)(three)(B).[↩]
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.[↩]