"Assault Weapons" purchase question

[MSgt B]

I went to buy my Christmas gun this year.
A NIB Bushmaster M4gery.

I was told by the dealer that, in addition to the regular IDs, I would need to present a birth certificate or voter registration, only because this rifle qualifies as an assault weapon.
Of course, I had to postpone another day. I didn't have the time to run back to the house and complete the purchase and still make it to work on time.
Is this Federal or just Virginia?
Or is this guy completely full of doo-doo?
This is the first I've heard of this. I've got to pay closer attention.

 

[GregGry]

I don't know, it sounds fishy. Here in wisconsin I bought a bushmaster m4a3 Izzy with providing nothing more then a state ID and money. Thats the way it should be. Since I don't live in your state I don't know if its bs or not. Sounds like BS to me.

 

[tackleberry]

I've bougt several this year...

with absolutely no problem.


But then again I'm in Iowa

 

[rkh]

It sounded fishy to me too, so I looked it up.

Here's the relevant Virginia statute:

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

To establish citizenship or lawful admission for a permanent residence for purposes of purchasing an assault firearm, a dealer shall require a prospective purchaser to present a certified birth certificate or a certificate of birth abroad issued by the United States State Department, a certificate of citizenship or a certificate of naturalization issued by the United States Citizenship and Immigration Services, an unexpired U.S. passport, a United States citizen identification card, a current voter registration card, a current selective service registration card, or an immigrant visa or other documentation of status as a person lawfully admitted for permanent residence issued by the United States Citizenship and Immigration Services.

[...]

"Assault firearm" means any semi-automatic center-fire 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.

Strange, but apparently true. I guess you could use your passport instead?

Maybe you could have asked the dealer to swap out the mag for a low-cap version? It wouldn't then have been an "assault firearm." Or perhaps you could have argued that it doesn't become an "assault firearm" until an "offense" is committed. Because new guns could not have previously been used in crime, and it's not an offense to purchase a gun from a licensed dealer, the Bushmaster could not be an "assault firearm" and is therefore not subject to the controls of § 18.2-308.2:2. Heh.

The statute is poorly drafted, but the reference to an "offense" is consistent throughout the entire Virginia Code.

 

[MSgt B]

Wow.... (I've never been so completely unimpressed with VA state gun laws)

The folding stock (actually telescoping) is a given. I'll be going back in the morning with my birth certificate to complete the purchase.

How does presenting a birth certificate reduce crime or "control" assault weapons?

Nevermind, rhetorical question.

 

[GregGry]

How does presenting a birth certificate reduce crime or "control" assault weapons

You know better, of course it does. That birth certificate requirement is going to keep all of the criminals from trading in their cheap pistols for "Assault weapons". After all, thoes assault weapons are used by most criminals so any law will help stop criminals from using firearms .

 

[Prince Yamato]

You should go back, look the dealer dead in the eye and tell him, "but I wasn't born... I was... grown" Then just tell him you were kidding and present him with a birth certificate. Then check off "Never been commited to a mental institution" on the NCIS form for extra sh*ts and giggles.

 

[RedAlert]

And then...

Chances are, after you've proven your citizenship, paid for the gun and are walking out of the store, some real criminal will stick a gun in your back and steal your new bushmaster and your birth certificate!!

Next up... ID theft

RDF

 

[SomeKid]

You should go back, look the dealer dead in the eye and tell him, "but I wasn't born... I was... grown" Then just tell him you were kidding and present him with a birth certificate. Then check off "Never been commited to a mental institution" on the NCIS form for extra sh*ts and giggles.

Now that there's funny, I don't care who you are.

 

[El Tejon]

MSgt, it is Virginia law only. Y'all have some rough gun laws down there.

 

[Striker]

MSgt B

It is a Virginia requirement, put in place after the AK-47 shooting incident at the CIA several years ago.

rkh is correct though, if the the "Assault Weapon" is delivered by the dealer without the magazine it is not an "Assualt Weapon" under VA law.

Dumb, but true.

 

[buzz_knox]

I think this has to do with the Pakistani who used an AK to shoot up commuters to Langley.

 

[El Tejon]

Mir Aimal Kasi of Quetta, Baluchistan. Not just commuters, buzz, but CIA employees who were caught napping in traffic.

He originally purchased an AR15 but was unfamiliar with it and traded it for an Kalishnaklone at an Ol' Virginny gun shoppe. Believe he was executed back in '02, IIRC.

 

[buzz_knox]

Mir Aimal Kasi of Quetta, Baluchistan. Not just commuters, buzz, but CIA employees who were caught napping in traffic.

I couldn't recall if all were CIA or not. But, I thought "commuters to Langley" would cover the bases for those who know what Langley is.

 

[justsurvivingincalifornia]

You should be happy we can't buy anything here in california in a AR or AK. Our state laws are even strictor than yours (No +10 Mags).

 

[tinygnat219]

Huh? I live in VA, have purchased several guns, and have never had to prove my citizenship for purchasing a semi-auto rifle. If you don't mind my asking, where are you purchasing this rifle? I have bought rifles with 30 round magazines and haven't had to go through this. Typically it's a VA Driver's license, and my Concealed Handgun Permit, or vehicle registration.

Kind of wierd.

TJ

 

[TexasRifleman]

I live in VA, have purchased several guns, and have never had to prove my citizenship for purchasing a semi-auto rifle.

Check post #4 for the exact statute quote.
Maybe you haven't purchased one of these recently.

 

[El Tejon]

buzz, got ya. Sorry if I came off wrong.

 

[KC&97TA]

I bought 2 AR Stripped Lowers in Missouri a year and a half back, with a Minnesota drivers licence and no state residence there... took me all of about 5 minutes to fill out the paper work and be leaveing the store with them. I barely even finished a cigarette in the time it took.

The gentleman I bought them from told me to, "be safe in Commy Kali with those", but the ink was dry on the "dangerous weapons permit" before I landed in San Diego. So "legal" was my middle name that day.

You should be happy we can't buy anything here in california in a AR or AK. Our state laws are even strictor than yours (No +10 Mags).

you can have AR's in Cali, you just have to have an "off list lower" and fixed 10 round mag, but there's some creative ways around things... or be active duty military and an out of state resident

 

[fordfan485]

This is the first I have ever heard of having to do that in Virginia. When I bought my AK47 and every other firearm in this state all I have had to present is two forms of ID, which I use is my driver license and usually motor vehicle registration card.

 

[lucky_fool]

I guess I haven't run into that yet since I always use my DL and voter registration card for my two forms of ID.

What a stupid law. I guess it's just more evidence of the trouble we get when legislators need to be seen "doing something about crime."