I need someone from VA to weigh in....

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Stover954rr

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Hey guys,
I am in NY and have a AR-15 that I am selling. I have a serious buyer in VA and just wanted to make sure that they are legal there before we go any further.

Thanks
Russ
 
I am in Va.

What do mean by legal? Of age or not a felon? Are you shipping this AR to him?
 
If that gun is legal for you to own with NY's restrictions it's probably good to go in Virginia.

Still if you want to really cover your backside then do an FFL transfer.
 
FFL transfer is the only legal way to transfer a rifle from a NY resident to a VA resident IIRC.
 
I grew up in VA, AR's are ok there. I would do the ffl transfer to ensure you are selling to who they say they are.
 
Virginia is a much freer state than New York is. If you have a preban, you may want to sell it locally in New York or to Connecticut. They command a premium up here.
 
In addition to sending it through a FFL in Virginia, there is a Virginia state law requiring buyers to prove they are a U.S. citizen to purchase "assault weapons."
 
Well

there is a Virginia state law requiring buyers to prove they are a U.S. citizen to purchase "assault weapons."
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That would be the buyers problem on the FFL end. IIRC it basically requires an extra form of ID proving your a U.S. Citizen

This is laughable though because

Straight from the state code
"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.
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All you have to do is take the mag out and... ta da... it is no longer an assault weapon. What a stupid law.

§ 18.2-308.2:2. Criminal history record information check required for the transfer of certain firearms.
In addition, no dealer shall sell, rent, trade or transfer from his inventory any assault firearm to any person who is not a citizen of the United States or who is not a person lawfully admitted for permanent residence. 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.
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atblis said:
All you have to do is take the mag out and... ta da... it is no longer an assault weapon. What a stupid law.
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If the barrel is threaded, then it's always an "assault firearm" -- which is pretty standard on AR's.

As others have said, the only legal way to transfer a firearm between states like that is through an FFL. You can ship it to the FFL (if he will accept transfers from non-licensees) but the buyer can only receive it from a licensed dealer.

Jim
 
Well

I don't know about that. It doesn't say simply threaded.

or designed by the manufacturer to accommodate a silencer
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It looks like the intent of the manufacturer is what is important. The threading on ARs is historically for flash suppressors or brakes. What about AKs? I don't think I've ever seen anybody put a suppresor on a normal AK.

If the manufacturer states "threaded for use with suppressors", than there would be a problem. Who ever wrote that law obviously didn't know anything about firearms. You can kind of guess what the intent was, but it looks like they screwed up in their wording.

Now, good luck convincing and FFL of that.
 
Perhaps they were deliberately obtuse in writing the law and now get a satisified glee whenever someone points out the craziness and loopholes.
 
Hey guys,
Thanks for posting up. I am going to ship through an FFL, I just didn't want there to be any issues after I sent the fire-arm.
I have another question. How does it work if I sell a rifle to someone in ny (no FFL required) and then they move to another state (where the laws are the same)? Is everything kosher?
~Russ
 
From

From the ATFs website. Caveat: the ATF has a history of contradicting themselves, especially things they have posted on their website. They'll even admit in letters that their information on the website is wrong, and then never bother to fix it. I suggest you read the sections of federal law cited in the following quote.

B10) May a person who is relocating out of State move firearms with other household goods? [Back]

Yes. A person who lawfully possesses a firearm may transport or ship the firearm interstate when changing his or her State of residence.

Certain NFA firearms must have prior approval from the Bureau of ATF before they may be moved interstate. The person must notify the mover that firearms are being transported. He or she should also check State and local laws where relocating to ensure that movement of firearms into the new State does not violate any State law or local ordinance.

[18 U.S.C. 922(a)(4) and 922(e), 27 CFR 478.28 and 478.31]
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Most of the authority the ATF supposedly has comes from their interpretation of the interstate commerce stuff. Most of the time, if the Feds don't have a law against something, it is because they don't have the authority (thank god).
 
While proving U.S. citizenship is up to the buyer, as a seller I sure wouldn't ship the rifle without making sure beforehand. If you ship the rifle to the Virginia dealer and then the dealer refuses to turn it over to the buyer because he is not a U.S. citizen, the seller will likely get stuck paying shipping charges and the FFL's fee as well as having your property in limbo for a week.
 
sell the lower and the upper as two items. only one has to go through the ffl.
 
Well

While proving U.S. citizenship is up to the buyer, as a seller I sure wouldn't ship the rifle without making sure beforehand. If you ship the rifle to the Virginia dealer and then the dealer refuses to turn it over to the buyer because he is not a U.S. citizen, the seller will likely get stuck paying shipping charges and the FFL's fee as well as having your property in limbo for a week.
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Why, it's the buyers problem? They've already paid you for the merchandise. If they got a refund, it would be minus whatever costs are incurred from them not having their dookie together.
 
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