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Posted: 2/23/2007 3:21:16 PM EDT
I have read that VA has a state permit or something required above and beyond what Federal law is regarding NFA items.  So in addition to the tax stamp you have to register with the state.  Is correct?

What does a person who visits the state need to do to bring in SBR's and silencers besides the standard form 5320.20?
Link Posted: 2/23/2007 5:27:51 PM EDT
[#1]

Quoted:
I have read that VA has a state permit or something required above and beyond what Federal law is regarding NFA items.  So in addition to the tax stamp you have to register with the state.  Is correct?

What does a person who visits the state need to do to bring in SBR's and silencers besides the standard form 5320.20?



I dunno about non-VA residents need to do, but VA residents only have to register MGs with the state.  SBRs and cans are just federally regulated.
Link Posted: 2/23/2007 6:02:03 PM EDT
[#2]
Oh, that's interesting.  The only thing I know about this is just from reading the FAQ here which links to a site www.autoweapons.com/pagelinks/statelist.html which says this:

State-----Machine Guns----Silencers-----AOW'S----Short BBL Rifle
Virginia-------yes--------------yes---------yes----------yes--------------State registration required

So I just assumed it was for all the NFA items and wondered if a person visiting and wanting to bring in NFA to shoot had to register or fill out some separate form.

If you don't have to register the SBR's and cans, a visitor is good to go on those I'm sure.  
Still curious about this with an MG though.  If anyone can help this native born Virginian who grew up and lives in Ohio out with any info, would be great.  
Link Posted: 2/23/2007 8:23:23 PM EDT
[#3]
I've seen this question asked some place before and I don't think I've seen/heard an answer---the law for residents (including dealers) is that it must be registered within 24hrs (correct me if wrong on time) but that means paperwork is in the mail....and that's for a machinegun...

I'm very interested to see a definitive answer to the visitor with machinegun question....
Link Posted: 2/24/2007 4:40:56 AM EDT
[#4]
When all else fails, call the VA state police and ask. They should be able to tell you if there is anything that needs to be done for a non-va resident visiting with a MG.
Link Posted: 2/24/2007 5:44:07 AM EDT
[#5]
Here is the law:


§ 18.2-295. Registration of machine guns.

Every machine gun in this Commonwealth shall be registered with the Department of State Police within twenty-four hours after its acquisition or, in the case of semi-automatic weapons which are converted, modified or otherwise altered to become machine guns, within twenty-four hours of the conversion, modification or alteration. Blanks for registration shall be prepared by the Superintendent of State Police, and furnished upon application. To comply with this section the application as filed shall be notarized and shall show the model and serial number of the gun, the name, address and occupation of the person in possession, and from whom and the purpose for which, the gun was acquired or altered. The Superintendent of State Police shall upon registration required in this section forthwith furnish the registrant with a certificate of registration, which shall be valid as long as the registrant remains the same. Certificates of registration shall be retained by the registrant and produced by him upon demand by any peace officer. Failure to keep or produce such certificate for inspection shall be a Class 3 misdemeanor, and any peace officer, may without warrant, seize the machine gun and apply for its confiscation as provided in § 18.2-296. Upon transferring a registered machine gun, the transferor shall forthwith notify the Superintendent in writing, setting forth the date of transfer and name and address of the transferee. Failure to give the required notification shall constitute a Class 3 misdemeanor. Registration data shall not be subject to inspection by the public.

(Code 1950, § 18.1-265; 1960, c. 358; 1972, c. 199; 1975, cc. 14, 15; 1978, c. 618; 1988, c. 460.)
Link Posted: 2/24/2007 5:45:05 AM EDT
[#6]
§ 18.2-295. Registration of machine guns.


Every machine gun in this Commonwealth shall be registered with the Department of State Police within twenty-four hours after its acquisition or, in the case of semi-automatic weapons which are converted, modified or otherwise altered to become machine guns, within twenty-four hours of the conversion, modification or alteration. Blanks for registration shall be prepared by the Superintendent of State Police, and furnished upon application. To comply with this section the application as filed shall be notarized and shall show the model and serial number of the gun, the name, address and occupation of the person in possession, and from whom and the purpose for which, the gun was acquired or altered. The Superintendent of State Police shall upon registration required in this section forthwith furnish the registrant with a certificate of registration, which shall be valid as long as the registrant remains the same. Certificates of registration shall be retained by the registrant and produced by him upon demand by any peace officer. Failure to keep or produce such certificate for inspection shall be a Class 3 misdemeanor, and any peace officer, may without warrant, seize the machine gun and apply for its confiscation as provided in § 18.2-296. Upon transferring a registered machine gun, the transferor shall forthwith notify the Superintendent in writing, setting forth the date of transfer and name and address of the transferee. Failure to give the required notification shall constitute a Class 3 misdemeanor. Registration data shall not be subject to inspection by the public.


Note that nowhere in this section of law does it state that it applies ONLY to residents.  There have been attempts to get bills passed that would clarify that it pertains only to residents, but they failed.  There have also been attempts to get AG opinions that it applies only to residents, but they have also failed.  Even Kilgore & McDonnell refused to touch it.

FWIW this law is a major stumbling block to having the SHOT show held at somewhere like the Expo Center in Chantilly, VA.
Link Posted: 2/24/2007 5:40:04 PM EDT
[#7]
So it is only for machine guns.  Short Bbl rifles and silencers brought to the state by visitors are not a problem?  You need the 5320.20 for the SBR, nothing is required for silencers under federal law concerning crossing state lines other than they have to be legal in the state.

So the 64,000 dollar question is, can a visitor register their machine gun in VA if they are not a resident?

Don't you guys host any shoots in VA where people from other states attend the shoots and bring their goodies?  We have Bulletfest in OH where people come from all over with MG's and then of course there is the big MG shoots in KY twice a year.  Anything like this in VA?
Link Posted: 2/26/2007 4:34:53 PM EDT
[#8]
I see two important words in the code-Acquisition and transfer.
To clarify and as stated, contact the VSP and inquire ref the visiters status with the weapon granted under the 5320.20.
Link Posted: 2/27/2007 6:32:22 AM EDT
[#9]
Gaspipes-
If you are resident you need to register your MG in VA.
If you are not a resident simply fill out your 5320.20 prior to your visit.

I have some shooting buddies that show up from time to time to shoot and they live in other states all they do is fill out the 5320.20, get it approved and brig it with 'em.  

Bottom line is you ONLY register your MG in VA if you reside here.  PERIOD!

I don't believe we have anything like that here.  I know there has been talk in the past about setting something up but nothing has materialized from it.

If you have any questions IM me.

-TS
Link Posted: 2/27/2007 7:31:40 PM EDT
[#10]
Thanks Title Shot VA.  I'm an Ohio resident and would just be visiting relatives.
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