Virginia sales
- Thread starter danprkr
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Truthseeker
Member
As far as I know, perfectly legal as long as the person buying is a resident of Virginia.
herohog
Member
You must be over 18 to buy a long gun and over 21 to buy a hand gun. You must be a VA resident and not have a felony conviction. If you ask to see their Drivers License or CCW card and verify they are of age and a resident and ask if they are allowed to own a gun and are not a felon, you are golden. On the pistol age, an 18 year old can OWN and posses a pistol but it has to be gifted to them as I understand the law. Someone in the VCDL can verify this. http://www.vcdl.org/
NavyLCDR
member
herohog said:
Negative, ghostrider....
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-309
AND
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+1-207
The Virginia FTF sales statute is:
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308.2C1
NavyLT - how does the Virginia code you cited negate the statement made by herohog?
His statement is indeed incorrect in that a person 18 or older who is allowed to own a handgun may purchase one in a private sale in Virginia. But, it is not incorrect for the reasons in that code. Are you saying it is incorrect because a minor can own a handgun if it is gifted by a family member? Since the original question was about FTF sales, that really doesn't apply.
His statement is indeed incorrect in that a person 18 or older who is allowed to own a handgun may purchase one in a private sale in Virginia. But, it is not incorrect for the reasons in that code. Are you saying it is incorrect because a minor can own a handgun if it is gifted by a family member? Since the original question was about FTF sales, that really doesn't apply.
Uh ... what?
NavyLCDR
member
Mal H said:
First:
Is at least an incomplete statement. A person, in Virginia, must be over 21 to buy a handgun from a LICENSED DEALER. The original question was regarding private sales, not purchases from licenses dealers. In that regards, herohog's statement is incorrect - a person in Virginia must be over 18 to buy a handgun in a private sale.
Second:
The portion underlined above is false. Virginia law clearly allows an 18 year old to PURCHASE their firearm - it does not have to be gifted to them.
Zack said:
"Negative, Ghost Rider" is a quote from Top Gun. Actually, I think it is properly, "That's a negative, Ghost Rider".
I still don't see the pertinence of the code you quoted to any of the discussion at hand. The code concerns selling, giving, etc., a handgun to a minor (individual under 18).
I already stated the First and Second points you made.
In addition, where both herohog and you say "over 18" or "over 21" is more correctly worded "18 or older" and "21 or older". That extra year is important to the youngster!
I already stated the First and Second points you made.
In addition, where both herohog and you say "over 18" or "over 21" is more correctly worded "18 or older" and "21 or older". That extra year is important to the youngster!
A - it's a rifle (I apologize for not specifying) which makes the whole hand gun thing irrelevant to my inquiry.
B - everyone involved is also over 21 so it doesn't really matter on that front either.
I just have a buddy that lives there who's not really a gun guy who traded for a rifle and then realized that he didn't know how he could get rid of it legally. I know the laws here in TX where I live, but I just figured to check with the hive for info on Virginia. I will pass this info on to him, and advise him to check the pertinent statutes for himself. Or, maybe even check with the local LEOs or an attorney. Which I suppose I should have done in the beginning, but I was curious anyway so...
Anyway, thanks for your input.
Dan
B - everyone involved is also over 21 so it doesn't really matter on that front either.
I just have a buddy that lives there who's not really a gun guy who traded for a rifle and then realized that he didn't know how he could get rid of it legally. I know the laws here in TX where I live, but I just figured to check with the hive for info on Virginia. I will pass this info on to him, and advise him to check the pertinent statutes for himself. Or, maybe even check with the local LEOs or an attorney. Which I suppose I should have done in the beginning, but I was curious anyway so...
Anyway, thanks for your input.
Dan
I didn't know about being able to "Gift" a handgun to a family member under 21. It's nice to know that I can arm my daughter when she moves out. I do think I'll check that one with the VCDL though just to make sure. Lawyers can make anything say what they want it to.
That would be a waste of time in both cases and a waste of money for the latter. Your friend can sell his rifle to a resident of Virginia in a private sale without worrying about it. He should ask the buyer if he/she is allowed to own a firearm (rifles have far fewer restrictions than handguns), then take the money and be done with it. No need to fret over it very much.
We used to be able to sell long guns in private sales to residents of neighboring states, but I believe that law was changed recently on the Federal level.
NavyLCDR
member
Mal H said:
How about trying to put it this way then, so maybe you can grasp it:
herohog said:
There is no statute that exists that makes it illegal to sell a handgun FTF to another VA resident who is 18 years of age of over. Therefore the underlined portion in the quote above is incorrect information in the context of FTF sales.
herohog said:
While it is certainly true that an 18 year old can own and possess a pistol, and it is certainly true that the pistol may be gifted to them, it is also legal for a pistol to be SOLD to them, as there is not statute prohibiting it (in the context of a private sale between residents of Virginia). Therefore, the underlined portion in the quote above is incorrect information.
And I completely agree that asking local LEO for legal advice is bad advice.
I believe it is you who doesn't understand what is being said here. I am maintaining that the Virginia code you cited is immaterial to any statement made. Trust me, I know exactly who can and who can't own, buy, gift, or be gifted a handgun.
You and I have both said the same thing more than once - that herohog's statement is incorrect as written. Why do you keep trying to explain that to me?
You and I have both said the same thing more than once - that herohog's statement is incorrect as written. Why do you keep trying to explain that to me?
atblis
Member
I think this is what he was after
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308.7
The age to own a handgun is 18 in VA in case anybody missed it. I wonder though, does that mean long arms do not have an age restriction for possession. That section of the law addresses handguns and "assault firearms".
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308.7
The age to own a handgun is 18 in VA in case anybody missed it. I wonder though, does that mean long arms do not have an age restriction for possession. That section of the law addresses handguns and "assault firearms".
Danprkr,
Mal H has answered your question correctly, though it is hard to hear above the other arguments it sparked, he is correct. Your friend can sell his rifle to a resident of Va. without worry. I personally would not sell it to a minor, unless his or her parent or guardian was present. There is a gun show in Salem, Va. on Sat. and Sun. the 17th and 18th of july. Tell him to set his price about $25 above what he would take for the gun, and then just go walk around the show with it. Someone will ask him if he is selling it, and will either buy it or not. I kind of enjoy this part of gun collecting as much as anything. You get to know other members of the firearms community. If he wants to, he can ask for I.D. and all that, some people get offended by that, but if you have nothing to hide, why worry.
Mal H has answered your question correctly, though it is hard to hear above the other arguments it sparked
, he is correct. Your friend can sell his rifle to a resident of Va. without worry. I personally would not sell it to a minor, unless his or her parent or guardian was present. There is a gun show in Salem, Va. on Sat. and Sun. the 17th and 18th of july. Tell him to set his price about $25 above what he would take for the gun, and then just go walk around the show with it. Someone will ask him if he is selling it, and will either buy it or not. I kind of enjoy this part of gun collecting as much as anything. You get to know other members of the firearms community. If he wants to, he can ask for I.D. and all that, some people get offended by that, but if you have nothing to hide, why worry.
herohog
Member
Sorry for the misinformation. I was going from memory and it is a bit rusty these days. I may have been thinking of Louisiana law. Either way he is safe and I knew that someone from the VCDL would correct me if I misspoke.
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