age to buy a handgun via private seller?

[UT PROSIM]

how old do you have to be to buy a hand gun from a private seller in VA (im 20), and can i buy out of my state with out a ffl? Im asking because i was looking at buying a hand gun at a gun show coming up if i can do so legally, if not ill just wait a few more months.

also does one of the 2 addresses that are needed to purchase a firearm have to be a drivers license? cause my DL address is for my apartment where i go to school and my car registration, hunting and fishing licenses are for my parents house
thanks for the help,
Pat

 

[kingpin008]

As per Federal law, you can buy a gun in a private transaction at the age of 18. State law may vary, of course, and unfortunately I'm not familiar with VA law enough to fill you in on that aspect.

Buying out of state from a private seller is prohibited by Federal law, unless you go through a FFL on your end, which you are unable to do until you reach 21.

 

[zoom6zoom]

You are good to go for private transactions in Virginia at 18. However, any out of state transactions are going to, by law, involve an FFL.

One of your ID's must be state issued such as your DL. Do you have bank statements, utility bills, or such that match your DL?

 

[UT PROSIM]

thanks for the help! i think ill just go to the dmv and get my DL changed until i commission to keep it simple

 

[NavyLCDR]

Just curious what the concern is about the two forms of proof of residency with matching addresses? Does VA require you to show that in a private sale?

Virginia Statute 18.2-308.2:2. Criminal history record information check required for the transfer of certain firearms

B. 1. No dealer shall sell, rent, trade or
transfer from his inventory any such firearm to
any other person who is a resident of Virginia
until he has (i) obtained written consent and the
other information on the consent form specified
in subsection A, and provided the Department of
State Police with the name, birth date, gender,
race, citizenship, and social security and/or any
other identification number and the number of
firearms by category intended to be sold, rented,
traded or transferred and (ii) requested criminal
history record information by a telephone call to
or other communication authorized by the State
Police and is authorized by subdivision 2 of this
subsection to complete the sale or other such
transfer. To establish personal identification and
residence in Virginia for purposes of this section,
a dealer must require any prospective purchaser
to present one photo-identification form issued
by a governmental agency of the
Commonwealth or by the United States
Department of Defense, and other
documentation of residence.

Also, don't forget, you have to be 21 to buy ammunition from a licensed dealer for use in a handgun.

 

[kfar]

This is from the Virginia State Police webste.


§ 18.2-308.7. Possession or transportation of certain firearms by persons under the age of 18; penalty.

It shall be unlawful for any person under 18 years of age to knowingly and intentionally possess or transport a handgun or assault firearm anywhere in the Commonwealth. For the purposes of this section, "handgun" means any pistol or revolver or other firearm originally designed, made and intended to fire single or multiple projectiles by means of an explosion of a combustible material from one or more barrels when held in one hand and "assault firearm" means any (i) semi-automatic centerfire rifle or pistol which expels single or multiple projectiles by action of an explosion of a combustible material and is equipped at the time of the offense with a magazine which will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock or (ii) shotgun with a magazine which will hold more than seven rounds of the longest ammunition for which it is chambered. A violation of this section shall be a Class 1 misdemeanor.

This section shall not apply to:

1. Any person (i) while in his home or on his property; (ii) while in the home or on the property of his parent, grandparent, or legal guardian; or (iii) while on the property of another who has provided prior permission, and with the prior permission of his parent or legal guardian if the person has the landowner's written permission on his person while on such property;

2. Any person who, while accompanied by an adult, is at, or going to and from, a lawful shooting range or firearms educational class, provided that the weapons are unloaded while being transported;

3. Any person actually engaged in lawful hunting or going to and from a hunting area or preserve, provided that the weapons are unloaded while being transported; and

4. Any person while carrying out his duties in the Armed Forces of the United States or the National Guard of this Commonwealth or any other state.


What are the laws concerning the private sale of a handgun?
To privately sell a firearm, it is recommended that you safeguard information pertaining to the transaction such as the date the firearm was sold, the complete name and address of the buyer, and the make, model, and serial number of the firearm. The seller and buyer of a handgun must be a resident of the state in which the transfer occurs. Additionally, Virginia’s handgun purchase limitation applies in private transactions. Refer to http://www.vsp.state.va.us/Firearms_MultiplePurchase.shtm for additional information on multiple handgun purchases. Should the firearm ever be located at a crime scene, trace of the firearm will determine the licensed dealer who last sold the firearm and will identify the last buyer of the firearm. To have your name removed from this process, you may consider placing your firearm on consignment with a licensed dealer. This will also ensure that the firearm is transferred only to a lawfully eligible individual.