Explore The NRA Universe Of Websites

APPEARS IN News

Licensing And Registration

Saturday, October 7, 2000

Some people may wonder why NRA members and millions of other American gun owners protest so loudly when the gun control lobby offers one more "reasonable solution" to problems that they associate with guns. They may even be aware that Sarah Brady, chair of the nation`s largest anti-gun group--Brady Campaign (previously Handgun Control, Inc.)--years ago discussed her plans for the future with the New York Times. She said in her Aug. 15, 1993, interview that her group favors a "needs-based licensing" system, with all guns and all gun transfers registered. In the Brady world, an honest citizen who wanted to own a gun would have to prove to his or her local police the "need" for that gun.

Constitutional issues aside, those who wonder what motivates American gun owners should understand that perhaps only one other word in the English language so boils their blood as "registration," and that word is "confiscation." Gun owners fiercely believe those words are ominously related.

Gun owners also know that criminals will never register their illegally possessed guns and, in fact, the U.S. Supreme Court ruled in Haynes v. U.S. (309 U.S. 85 (1968)) that since felons are prohibited from owning firearms, compelling them to register them would violate their 5th Amendment rights against self-incrimination. Gun owners know further that the registration and licensing of America`s 60-65 million gun owners and their estimated 230 million firearms would require creation of a huge bureaucracy at tremendous taxpayer cost, without any tangible anti-crime benefit.

Gun registration is, of course, hardly new, and neither are its widely recognized dangers. In 1975, U.S. Sen. James A. McClure (R-ID) said: "Gun registration is the first step toward ultimate and total confiscation, the first step in a complete destruction of a cornerstone of our Bill of Rights." When Sen. McClure sponsored the Firearms Owners` Protection Act (1986), he made sure that it included a prohibition against the federal government keeping a national registry of gun owners. Similar prohibitive language appears in the Brady Act and in annual appropriations bills.

Others recognize gun registration`s inherent purpose. In 1975 testimony before the House Subcommittee on Crime, anti-gun advocate Charles Morgan, director of the Washington, D.C., office of the American Civil Liberties Union stated: "I have not one doubt, even if I am in agreement with the National Rifle Association, that that kind of record-keeping procedure is the first step to eventual confiscation under one administration or another."

Registration lists have led to gun confiscation in Australia, Bermuda, Cuba, Germany, Great Britain, Greece, Ireland, Jamaica, Soviet Georgia and other countries. It has also happened here, and the history of firearms registration in New York City is particularly instructive.

In 1967, New York City passed an ordinance requiring a citizen to obtain a permit to own a rifle or shotgun, which would then be registered. Concerns over the potential use of those registration lists to confiscate guns in the future were dismissed as paranoia. In 1991, gun owners` legitimate fears were realized, when the city passed a ban on the private possession of some semi-automatic rifles and shotguns, despite the police commissioner`s testimony that no registered firearms of the types banned had been used in violent crimes in the city. New Yorkers who had been licensed earlier to possess semi-automatic rifles and shotguns were told that any licensed firearms that were covered by the ban had to be surrendered, rendered inoperable or taken out of the city. They were warned that they might be subject to "spot checks."

American gun owners know their fears about licensing and registration are hardly unfounded, because they are familiar with the sorry story of gun control in Great Britain. This story is concisely told in the monograph, "Lost Battles, Lost Rights," written by David B. Kopel, adjunct professor of law at New York University Law School.

As Kopel recounts, after passage of the Firearms Act of 1920, Britons suddenly could possess pistols and rifles only if they proved they had "good reason" for receiving a police permit. Then, in 1936, the British police began adding a permit requirement requiring that the guns be stored securely.

As the public grew accustomed to the idea of guns being licensed, it became possible to begin to enforce the licensing requirements with greater and greater stringency. By enforcing the Firearms Act with moderation, at first, and then with gradually increasing severity, the British government acclimated British gun owners to higher and higher levels of control.

An English court decision reveals how far this control has gone. The London Times reports that on March 6, 2000, a judge denied an appeal by Arthur Mark Farrer to renew his license to own a shotgun. Farrer`s license, or "shotgun certificate," allowed him to own a shotgun as long as he stored it in compliance with increasingly severe British storage laws. He kept his gun in a safe at his mother`s house. But when he told his mother where the key to the safe was kept, the police licensing bureau was not pleased--81-year-old mom had no license. The judge agreed, ruling Farrer "was in breach of the condition prescribed by rule . . . that he should store the gun securely so as to prevent . . . access to it by an unauthorised person."

The judge cited a section of English law stating that a person can be granted a certificate if the chief of police is "satisfied that the applicant could be permitted to possess a shotgun without danger to the public safety or the peace." Since Farrer trusted his mother access to the shotgun, he did not qualify.

Today, in Great Britain, handguns are banned. Semi-automatic center-fire rifles, which had been legally owned for nearly a century, are banned. Pump-action rifles are banned, since it was argued that these guns could be substituted for semi-automatics. Shotguns that can hold more than two shells at once now require a "firearms license" and are thus registered, and shotguns that can hold only two rounds require a "shotgun certificate."

American parallels are obvious. Enactment of the Brady Act, for example, establishes the principle of a national gun licensing system. Once a lenient national handgun licensing system is established, the licensing system can gradually be tightened, and police, as they have done in Great Britain, can begin inventing their own conditions to put on licenses. Such practices already occur in American jurisdictions such as New York, where licensing authorities sometimes add their own extralegal restrictions to handgun licenses.

Those, who from time to time wonder about what American gun owners think and why they think it, should realize that those who believe in their Second Amendment-guaranteed right will fight mightily to prevent this nation from becoming, like Great Britain, a place where the rights of gun owners are slowly strangled to death because too many people trusted politicians who did not trust them.

IN THIS ARTICLE
Registration & Licensing
TRENDING NOW
NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

Monday, April 1, 2024

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

NRA Members Among the Largest Class Protected from Draconian Rule

U.S. Supreme Court invalidates ATF Rule Classifying Bump Stocks as Machineguns

Friday, June 14, 2024

U.S. Supreme Court invalidates ATF Rule Classifying Bump Stocks as Machineguns

Today, the U.S. Supreme Court held that the Bureau of Alcohol, Tobacco, Firearms and Explosives unlawfully exceeded its authority by classifying bump stocks as machineguns.

NRA Files Amicus Brief with Ninth Circuit in Challenge to California’s Billy Club Ban

Friday, June 14, 2024

NRA Files Amicus Brief with Ninth Circuit in Challenge to California’s Billy Club Ban

Today, NRA filed an amicus brief with the Ninth Circuit Court of Appeals in support of a challenge to California’s prohibition on the possession of billy clubs.

Fallout from Trudeau’s Gun Grab: Crime is Up, Number of Gun Ranges Drops

News  

Monday, June 17, 2024

Fallout from Trudeau’s Gun Grab: Crime is Up, Number of Gun Ranges Drops

In Canada, a ban on over 1,500 firearm makes, models and variants, together with a mandatory government confiscation (“buyback”) requirement, was imposed by Liberal Prime Minister Justin Trudeau over four years ago. 

Biden Was Right on Veterans Before He was Wrong; Now Congress Tightens the Reins

Monday, June 10, 2024

Biden Was Right on Veterans Before He was Wrong; Now Congress Tightens the Reins

In March, we reported on an appropriations rider that corrected a longstanding and shameful practice by the Department of Veterans Affairs (VA) of reporting beneficiaries to NICS as “mental defectives” prohibited from having guns, merely ...

California: Mandatory Storage Legislation Passed in Committee

Wednesday, June 12, 2024

California: Mandatory Storage Legislation Passed in Committee

Yesterday, Senate Bill 53 passed in the Assembly Public Safety Committee on a 6-2 vote and has been referred to the Assembly Appropriations Committee.

Still no Trace of the Truth

News  

Monday, June 17, 2024

Still no Trace of the Truth

In our first installment of a critical analysis of an anti-gun propaganda podcast series from The Trace, we covered the lies, misinformation, and deceptive emotional arguments made in the first four episodes. 

New York: Legislature Wraps Up 2024 Regular Session

Tuesday, June 11, 2024

New York: Legislature Wraps Up 2024 Regular Session

Gun owners have reason to celebrate when lawmakers drop the final gavel in Albany. Late Friday night, legislators finished their work and mercifully called it quits. It was a mixed bag for gun owners as the Legislature ...

Michigan: Governor’s New Budget Includes $2.6 Million for Red-Flag Laws

Tuesday, June 11, 2024

Michigan: Governor’s New Budget Includes $2.6 Million for Red-Flag Laws

Governor Gretchen Whitmer announced her recommendations for the upcoming budget, which included the use of taxpayer funds for Michigan’s new red-flag law and other gun-control measures. The governor recommended $2.6 million for the implementation of ...

Chicago Crime Alerts – Pernicious Perception or an Inconvenient Truth?

Monday, June 10, 2024

Chicago Crime Alerts – Pernicious Perception or an Inconvenient Truth?

Earlier this year, Chicago city council member Leni Manaa-Hoppenworth made steering-wheel locks available for free to interested residents. The message she shared was that “[s]afety is a top priority for our office. We believe that everyone deserves ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.