Legal question VA. Not 21 can still OWN a handgun?

[Zack]

I was looking over the RA/ILA firearms laws for Virginia as of January 2008. No update???

so it says purchase and possession, It is a crime for any person to sell,give or otherwise furnish a handgun to a minor if he has reason to believe that the buyer or recipient is under 18 years of age, unless such transfer is made between family members or for the purpose of engaging in a sporting event or activity. A person under 18 shall not pssess or transport a handgun or assault firearm. Goes on to say about carrying, CCw a person 21 years of age or older may apply in writing to the cleark of the Circuit Court of the county or city in which the applicant resides for a permit to carry ad concealed handgun.

So does this mean I could buy one from a friend FTF or be given from family or friend? I think you cannot buy one from the family member, just be given. But does anyone have the law info because I am confussed

 

[NavyLCDR]

If there is no law prohibiting an act, then that act is a legal act because our system of laws and statutes is prohibitive, not permissive.

There is no law prohibiting any resident of Virginia from selling or giving a handgun to another resident of Virginia who is 18 years of age or older, provided the recipient is not prohibited to possess that firearm because of some other reason, such as a felony conviction, conviction of domestic violence, mental institution commitment, etc.

The applicable statutes are Virginia Statutes:

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+1-207

§ 1-207. Child; juvenile; minor; infant.

"Child," "juvenile," "minor," "infant," or any combination thereof means a person less than 18 years of age.

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-309

§ 18.2-309. Furnishing certain weapons to minors; penalty.

A. If any person sells, barters, gives or furnishes, or causes to be sold, bartered, given or furnished, to any minor a dirk, switchblade knife or bowie knife, having good cause to believe him to be a minor, such person shall be guilty of a Class 1 misdemeanor.

B. If any person sells, barters, gives or furnishes, or causes to be sold, bartered, given or furnished, to any minor a handgun, having good cause to believe him to be a minor, such person shall be guilty of a Class 6 felony. This subsection shall not apply to any transfer made between family members or for the purpose of engaging in a sporting event or activity.

And Federal statute:
http://www4.law.cornell.edu/uscode/18/usc_sec_18_00000922----000-.html

(x)
(1) It shall be unlawful for a person to sell, deliver, or otherwise transfer to a person who the transferor knows or has reasonable cause to believe is a juvenile—
(A) a handgun; or
(B) ammunition that is suitable for use only in a handgun.
(2) It shall be unlawful for any person who is a juvenile to knowingly possess—
(A) a handgun; or
(B) ammunition that is suitable for use only in a handgun.

(5) For purposes of this subsection, the term “juvenile” means a person who is less than 18 years of age.

There also is no prohibition against the private sale of a firearm from/to a family member so long as the family member is a resident of the same state, in this case, Virginia.

 

[Zack]

I just couldn't buy ammo from the store.

Thank you for helping me on this issue.

 

[NavyLCDR]

I just couldn't buy ammo from the store.

That depends on which store. You are only prohibited, at <21 years old, from buying ammunition for use in a handgun from LICENSED dealers. There is no license required to sell only ammunition. A license is required to manufacture ammo and/or to sell guns (at retail). Ammunition only dealers may not and are not required to hold FFL's, so your purchase of ammunition from them would be perfectly legal if you are 18 years old or over if they do not hold an FFL.

 

[Zack]

Oh like at a gun range?