Firearms Registration.....

C

Caeca Invidia Es

Staff Alumnus
US Code, Title 26, Chapter 53, Subchapter B, Part 1:

Sec. 5841. Registration of firearms

(a) Central registry
The Secretary shall maintain a central registry of all firearms in the United States which are not in the possession or under the control of the United States. This registry shall be known as the National Firearms Registration and Transfer Record. The registry shall include -
(1) identification of the firearm;
(2) date of registration; and
(3) identification and address of person entitled to possession of the firearm.
(b) By whom registered
Each manufacturer, importer, and maker shall register each firearm he manufactures, imports, or makes. Each firearm transferred shall be registered to the transferee by the transferor.
(c) How registered
Each manufacturer shall notify the Secretary of the manufacture of a firearm in such manner as may by regulations be prescribed and such notification shall effect the registration of the firearm required by this section. Each importer, maker, and transferor of a firearm shall, prior to importing, making, or transferring a firearm, obtain authorization in such manner as required by this chapter or regulations issued thereunder to import, make, or transfer the firearm, and such authorization shall effect the registration of the firearm required by this section.
(d) Firearms registered on effective date of this Act
A person shown as possessing a firearm by the records maintained by the Secretary pursuant to the National Firearms Act in force on the day immediately prior to the effective date of the National Firearms Act of 1968 shall be considered to have registered under this section the firearms in his possession which are disclosed by that record as being in his possession.
(e) Proof of registration
A person possessing a firearm registered as required by this section shall retain proof of registration which shall be made available to the Secretary upon request.
Click to expand...

Can someone translate this for me? I don't speak legal.
 
It has to do with NFA (Class 3) firearms or devices. In other words, fully automatic firearms, or other items covered by the NationalFirearms Act.
 
HI! The full title is:

TITLE 26 - INTERNAL REVENUE CODE
Subtitle E - Alcohol, Tobacco, and Certain Other Excise Taxes
CHAPTER 53 - MACHINE GUNS, DESTRUCTIVE DEVICES, AND CERTAIN OTHER FIREARMS
Subchapter B - General Provisions and Exemptions

Anything you have to pay a tax to own(MG, DD or AOW) is registered.

This is not applied to "regular" firearms.

Here is the link:

http://www4.law.cornell.edu/uscode/26/5841.html
 
What about the law that says the feds CAN NOT have centralized database contain FIREARMS registration??? Would that negate the NFA registration?
 
Ok, but based on the wording what is to prevent them from registering ALL firearms under this? There is nothing in here that implies that it is for NSA weapons only.
 
By law (which of course can be easily changed) the feds cannot require that firearms be registered. They partially get around this by declaring some arms so unusually dangerous as to be exempted (machineguns, AOWs, etc.) and by keeping tangential/residual records of retail transactions (yellow form, NICS). This apparent transgression of the "no federal registration" rule is apparently legally justified because they do not require registration of _all_ guns, that the registration is merely (ha!) incidental to ensuring legal purchases (yellow form), and that registration is just for backup & audit purposes (NICS). Put another way, "you can still buy a gun anonymously, you just have to buy it from a private individual", "the dealer just needs to know that the sale is legal, and he just keeps that yellow form handy in case the sale's legality needs reviewing", and "oh we're just keeping the info to audit NICS."

Of course, all this residual "non-registration registration" becomes instantly available the moment the "do not register guns/owners" law is revoked.
 
HI! I think this is the statement that says it cannot be used for all firearms, only those covered under the NFA:

Sec. 5849. Citation of chapter

This chapter may be cited as the ''National Firearms Act'' and any reference in any other provision of law to the ''National Firearms Act'' shall be held to refer to the provisions of this chapter.

http://www4.law.cornell.edu/uscode/26/5849.html

The National Firearms Act can be read here:

http://www.cs.cmu.edu/afs/cs.cmu.edu/user/wbardwel/public/nfalist/nfa_faq.txt

But, in reality there is nothing stopping the BATF director from amending the 1968 NFA to include most if not all other firearms by *Regulation*. Laws mean little to a regulation. A regulation can violate the constitution and get away with it, or so it would seem.

Dead, ctdonath, Do you have a URL or title for the law that states they cannot register firearms? Could you post it for me? Thanks.
 
Be aware that different sections of law use different definitions for common terms. Ex.: In NY Penal Law, a rifle is not a firearm...but in NY Environmental Law it is.
 
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