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Posted: 7/17/2008 8:42:17 PM EST
Just curious, as the law states one cannot PURCHASE more than one handgun in VA without being an FFL.

Does this apply to out-of-state purchases that are being transferred within the same month?

Does the transfer count as the purchase, or the exchange of funds?
Link Posted: 7/18/2008 1:46:07 AM EST
[Last Edit: 7/18/2008 2:12:15 PM EST by olivers_AR]

Originally Posted By SamW:
Just curious, as the law states one cannot PURCHASE more than one handgun in VA without being an FFL.

Does this apply to out-of-state purchases that are being transferred within the same month?

Does the transfer count as the purchase, or the exchange of funds?

If you have a CHP (aka CCW) you can purchase more then one a month. There also is a provision on the VA State Police site to get a waiver certificate to purchase more then one a month.

This applies to purchases thru an FFL, which includes out of state purchases. It might be possible for the FFL to hold the second one until the next month, but it may vary by FFL.

It is my understanding that private sales are outside also follow this guideline and long guns are outside this quideline.

VSP site on fiearms

Hope this helps!
Link Posted: 7/18/2008 2:52:25 AM EST
The enforcement mechanism on the "one per month" part of the law is the VSP Background Check. Perhaps it would be better to understand the law as:

"With the exception of CHP holders and those with Multiple Handgun Purchase Certificates issued by the VSP, no background check involving the transfer of a handgun will be approved if it is within 30 calendar days of the last background check performed on the individual which involved the transfer of a handgun."

A bit more wordy, but that's probably a better way to explain it.

FWIW, I do think the once-per-month thing DOES apply to private sales, but as mentioned above, the enforcement mechanism of the law is through the VSP background check.

This might be worth double checking, because if it does apply to private sales then there could be liability on the part of the seller if he transfers more than one handgun to the same buyer within a 30 day period...

And as always, I take something which could be answered in about a paragraph or two and write about a page length response

_MaH
Link Posted: 7/18/2008 4:56:33 AM EST
leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308.2C2


P. Except as provided in subdivisions 1, 2 and 3 of this subsection, it shall be unlawful for any person who is not a licensed firearms dealer to purchase more than one handgun within any 30-day period. A violation of this subsection shall be punishable as a Class 1 misdemeanor.

1. Purchases in excess of one handgun within a 30-day period may be made upon completion of an enhanced background check, as described herein, by special application to the Department of State Police listing the number and type of handguns to be purchased and transferred for lawful business or personal use, in a collector series, for collections, as a bulk purchase from estate sales and for similar purposes. Such applications shall be signed under oath by the applicant on forms provided by the Department of State Police, shall state the purpose for the purchase above the limit, and shall require satisfactory proof of residency and identity. Such application shall be in addition to the firearms sales report required by the Bureau of Alcohol, Tobacco and Firearms (ATF). The Superintendent of State Police shall promulgate regulations, pursuant to the Administrative Process Act (§ 2.2-4000 et seq.), for the implementation of an application process for purchases of handguns above the limit.

Upon being satisfied that these requirements have been met, the Department of State Police shall forthwith issue to the applicant a nontransferable certificate, which shall be valid for seven days from the date of issue. The certificate shall be surrendered to the dealer by the prospective purchaser prior to the consummation of such sale and shall be kept on file at the dealer's place of business for inspection as provided in § 54.1-4201 for a period of not less than two years. Upon request of any local law-enforcement agency, and pursuant to its regulations, the Department of State Police may certify such local law-enforcement agency to serve as its agent to receive applications and, upon authorization by the Department of State Police, issue certificates forthwith pursuant to this subsection. Applications and certificates issued under this subsection shall be maintained as records as provided in subdivision B 3. The Department of State Police shall make available to local law-enforcement agencies all records concerning certificates issued pursuant to this subsection and all records provided for in subdivision B 3.

2. The provisions of this subsection shall not apply to:

a. A law-enforcement agency;

b. An agency duly authorized to perform law-enforcement duties;

c. State and local correctional facilities;

d. A private security company licensed to do business within the Commonwealth;

e. The purchase of antique firearms as herein defined;

f. A person whose handgun is stolen or irretrievably lost who deems it essential that such handgun be replaced immediately. Such person may purchase another handgun, even if the person has previously purchased a handgun within a 30-day period, provided (i) the person provides the firearms dealer with a copy of the official police report or a summary thereof, on forms provided by the Department of State Police, from the law-enforcement agency that took the report of the lost or stolen handgun; (ii) the official police report or summary thereof contains the name and address of the handgun owner, the description of the handgun, the location of the loss or theft, the date of the loss or theft, and the date the loss or theft was reported to the law-enforcement agency; and (iii) the date of the loss or theft as reflected on the official police report or summary thereof occurred within 30 days of the person's attempt to replace the handgun. The firearms dealer shall attach a copy of the official police report or summary thereof to the original copy of the Virginia firearms transaction report completed for the transaction and retain it for the period prescribed by the Department of State Police;

g. A person who trades in a handgun at the same time he makes a handgun purchase and as a part of the same transaction, provided that no more than one transaction of this nature is completed per day;

h. A person who holds a valid Virginia permit to carry a concealed handgun;

i. A person who purchases a handgun in a private sale. For purposes of this subdivision, a private sale means purchase from a person who makes occasional sales, exchanges or purchases of firearms for the enhancement of a personal collection of curios or relics as herein defined, or who sells all or part of such collection of curios and relics; or

j. A law-enforcement officer. For purposes of this subdivision, a law-enforcement officer means any employee of a police department or sheriff's office that is part of or administered by the Commonwealth or any political subdivision thereof, and who is responsible for the prevention and detection of crime and the enforcement of the penal, traffic or highway laws of the Commonwealth.

3. For the purposes of this subsection, "purchase" shall not include the exchange or replacement of a handgun by a seller for a handgun purchased from such seller by the same person seeking the exchange or replacement within the 30-day period immediately preceding the date of exchange or replacement.


[emphasis added]

You are not allowed to purchase more than one handgun a month unless you meet the exceptions, one of which is having a concealed permit.
There is no simple enforcement mechanism for private sales tough.
Link Posted: 7/18/2008 2:06:43 PM EST
[Last Edit: 7/18/2008 2:16:13 PM EST by olivers_AR]
I stand corrected

Looks like non-C&R purchases are included. C&R purchases do appear to fall outside this provision.


i. A person who purchases a handgun in a private sale. For purposes of this subdivision, a private sale means purchase from a person who makes occasional sales, exchanges or purchases of firearms for the enhancement of a personal collection of curios or relics as herein defined, or who sells all or part of such collection of curios and relics; or


Link Posted: 7/20/2008 12:14:15 PM EST
I figured this might happen.

I bought a CZ and then my Pops who is not tech-savvy to say the least wanted a 1911. So I found him a nice semi-custom A1 on gunbroker, won it, and it was shipped to my FFL.

No biggie. Except that it's MY gunbroker account, which means when you click "View buyer's information" it shows my name, not my Father's.

So my pistol came in about week before his. The shop is a decent drive, so I waited about a week for his to show up. We went down and explained the situation to them, but they wouldn't let Pops pick up his gun b/c it had my name on it. And I can't pick it up for him b/c of the 30-day law.

So now Pops hates technology even MORE since his 1911 will be sitting at VA Arms until I can get my concealed carry approved or 30 days is up.

So now, something as simple as putting his first name on the box instead of mine, could have avoided this whole situation.

I guess I understand their actions though. For $20, it's not worth their necks. I had to let Pops shoot my CZ so he didn't pop a gasket!
Link Posted: 7/21/2008 4:54:19 AM EST

Originally Posted By SamW:
I figured this might happen.

I bought a CZ and then my Pops who is not tech-savvy to say the least wanted a 1911. So I found him a nice semi-custom A1 on gunbroker, won it, and it was shipped to my FFL.

No biggie. Except that it's MY gunbroker account, which means when you click "View buyer's information" it shows my name, not my Father's.

So my pistol came in about week before his. The shop is a decent drive, so I waited about a week for his to show up. We went down and explained the situation to them, but they wouldn't let Pops pick up his gun b/c it had my name on it. And I can't pick it up for him b/c of the 30-day law.

So now Pops hates technology even MORE since his 1911 will be sitting at VA Arms until I can get my concealed carry approved or 30 days is up.

So now, something as simple as putting his first name on the box instead of mine, could have avoided this whole situation.

I guess I understand their actions though. For $20, it's not worth their necks. I had to let Pops shoot my CZ so he didn't pop a gasket!


Get a concealed permit and you are not limited.
Link Posted: 7/21/2008 1:01:49 PM EST
I will be turning in my app. tomorrow. I arrived too late today (damn window closing at 4, not 5).

I hear Fairfax likes to drag their feet though.
Link Posted: 7/21/2008 1:51:37 PM EST
I've heard that as well. However, mine came about 2 weeks before the deadline.
Link Posted: 8/2/2008 3:32:22 PM EST
Well, I applied for the permit about three weeks ago. My next question comes due to a time deadline.

Is 30 days 720 hours? Or since I purchased it on the 18th of July, do I have to wait until the 31st 'day' which would be Aug. 18th?

My plane leaves the afternoon of the 18th and it would be SO much easier to get it the evening before. That way Dad can have his pistol and doesn't have to wait for me to come back for T-giving.

Thanks all.
Link Posted: 8/2/2008 4:04:02 PM EST
It is 1 handgun every 30 days...so the 30th day it the day. Since July had 31 days, you are good to go on the 18th.
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