U.S. Code » Title 26 » Subtitle Subtitle E— Alcohol, Tobacco, and Certain Other Excise Taxes › Chapter CHAPTER 53— MACHINE GUNS, DESTRUCTIVE DEVICES, AND CERTAIN OTHER FIREARMS › Subchapter Subchapter B— General Provisions and Exemptions › Part PART I— GENERAL PROVISIONS

26 U.S.C. § 5841

Registration of firearms

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(a) Central registryThe 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 11 So in original. See References in Text notes below. 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.

(Added Pub. L. 90–618, title II, § 201, Oct. 22, 1968, 82 Stat. 1229; amended Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834.)Editorial NotesReferences in Text

The National Firearms Act in force prior to the effective date of the National Firearms Act of 1968, referred to in subsec. (d), probably means the National Firearms Act in force prior to the effective date of the National Firearms Act Amendments of 1968, which is act Aug. 16, 1954, ch. 736, 68A Stat. 721, and which was classified generally to prior chapter 53 (prior § 5801 et seq.) of this title.

The effective date of this Act and the effective date of the National Firearms Act of 1968, referred to in subsec. (d) catchline and text, probably means the effective date of the National Firearms Act Amendments of 1968, which is Nov. 1, 1968. See section 207(a) of Pub. L. 90–618, set out as an Effective Date note under section 5801 of this title.

Prior Provisions

A prior section 5841, act Aug. 16, 1954, ch. 736, 68A Stat. 725, consisted of provisions similar to those comprising this section, prior to the general revision of this chapter by Pub. L. 90–618.

Amendments

1976—Subsecs. (a), (c) to (e). Pub. L. 94–455 struck out “or his delegate” after “Secretary” wherever appearing.

Statutory Notes and Related SubsidiariesEffective Date

Section effective on first day of first month following October 1968, see section 207 of Pub. L. 90–618, set out as a note under section 5801 of this title.

Notes of Decisions
Cited in 641 cases (70 in the last 5 years), 1957–2026 · leading case: Haynes v. United States, 390 U.S. 85 (1968).
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Haynes v. United States, 390 U.S. 85 (1968). · cites it 6× “§ 5848 (1), which had not been registered with the Secretary of the Treasury or his delegate, as required by 26 U. S. C. § 5841 . Petitioner moved before trial to dismiss this count, evidently asserting that § 5851 violated his privilege against self-incrimination, as guaranteed…”
United States v. Thomas Edward Uzenski, 434 F.3d 690 (4th Cir. 2006). · cites it 3× “§§ 5822 , 5861(f)- & 5871; (2) receipt and possession of an unregistered firearm on March 25, 2002, in violation of 26 U.S.C. §§ 5841 , 5861(d) & 5871; (3) manufacture of an unregistered firearm on March 26, 2002, in violation of 26 U.”
United States v. Biswell, 406 U.S. 311 (1972). · cites it 4× “26 U. S. C. § 5841 . Respondent was indicted on six counts.”
United States v. Tony Hurlburt, 835 F.3d 715 (7th Cir. 2016). · cites it 2× “Background Tony Hurlburt was charged in a two-count indictment with possessing a firearm as a felon, see § 922(g)(1), and possessing a short-barreled shotgun, see 26 U.S.C. §§ 5841 , 5845(a)(2), and 5861(d).”
United States v. Freed, 401 U.S. 601 (1971). · cites it 4× “26 U. S. C. § 5841 (1964 ed., Supp. V). At the time of Haynes any possessor of a weapon included in the Act was compelled to disclose the fact of his possession by registration at any time he had acquired possession, a provision which we held meant that a possessor must furnish…”
United States v. Introcaso, 506 F.3d 260 (3rd Cir. 2007). · cites it 4× “—The term "firearm" means (1) a shotgun having a barrel or barrels of less than 18 inches in length; (2) a weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length; (3) a rifle…”
United States v. Ressam, 679 F.3d 1069 (9th Cir. 2012). · cites it 2× “§§ 842 (a)(3)(A) and 844(a); (8) possession of an unregistered destructive device, in violation of 26 U.S.C. §§ 5841 , 5861(d), and 5871; and (9) carrying an explosive during the commission of a felony, in violation of 18 U.”
United States v. Anthony Moore, 22 F.4th 1258 (11th Cir. 2022). · cites it 2× “Background In 2007, Moore was convicted of possession of several un- registered destructive devices in violation of 26 U.S.C. §§ 5841 , 5861(d), and 5871. He was sentenced to the statutory maximum for his offense—120 months’ imprisonment to be followed by 36 months’ supervised…”
Young v. State, 8 S.W.3d 656 (Tex. Crim. App. 2000). · cites it 2× “The procedure that makes such an appeal possible is a "conditional plea" of guilty, by which a plea of guilty is "conditioned on" the right to appeal a pre-trial ruling.”
United States v. Serafin, 562 F.3d 1105 (10th Cir. 2009). · cites it 3× “Serafín contends possession of an unregistered weapon, in violation of 26 U.S.C. §§ 5841 , 5845(a), 5861(d) and 5871, does not constitute a crime of violence under 18 U.”
United States v. Oscar Rosa, Vincent Lopez, Ricardo Rodriguez, Hector Hernandez, & Armando Velasquez, 11 F.3d 315 (2d Cir. 1993). · cites it 2× “§§ 846 and 841(b)(1)(B) (1988); possessing an unregistered firearm, in violation of 26 U.S.C. §§ 5841 , 5845(a), 5861(d), and 5871 (1988); and possessing a defaced firearm, in violation of 26 U.”
United States v. Black, 201 F.3d 1296 (10th Cir. 2000). · cites it 3× “Ross Frank Black appeals the district court’s denial of his motion to withdraw his guilty plea for possession of unregistered firearms (a violation of 26 U.S.C. §§ 5841 , 5861(d), and 5871). Mr.”
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