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Posted: 1/11/2005 12:24:05 PM EDT
[Last Edit: 1/11/2005 4:55:09 PM EDT by Edd2016]
I know the you have to be 21 to buy from a ffl dealer. I'm just wondering if that applies to a private purchase? Like if i buy one from someone in person. Or is that seen as a straw purchase?

Edit: Also what about getting one in a trade? Like a rifle for a handgun.
Link Posted: 1/11/2005 12:41:14 PM EDT
I think it's 18 to possess but 21 to buy. Private sales I don't know.
Link Posted: 1/12/2005 6:53:05 AM EDT
There was a topic in this same forum about 2 months ago that asked whether it was legal to sell a pistol to a 19 yr. old. There was some good information in there, I had posted the state codes regarding firearms sales and my opinion. Since I can't find that thread any more I'll say this, in my opinion (I'm no lawyer so don't take my advice as an interpretation of the law) it is legal for a private citizen, a non FFL, to sell a handgun to a resident of his own state so long as the purchaser is 18 and the seller has no reason to believe the buyer is prohibited from owning firearms. Give me a bit and I'll try to dig up the code again. MJD
Link Posted: 1/12/2005 7:04:40 AM EDT
Here's one of the state statutes, it clearly says that possession and transportation of a firearm is OKAY if you're 18 or over. Again, I'm no lawyer. Still trying to find the one about sales. MJD

§ 18.2-308.7. Possession or transportation of certain firearms by persons under the age of 18; penalty.

It shall be unlawful for any person under 18 years of age to knowingly and intentionally possess or transport a handgun or assault firearm anywhere in the Commonwealth. For the purposes of this section, "handgun" means any pistol or revolver or other firearm originally designed, made and intended to fire single or multiple projectiles by means of an explosion of a combustible material from one or more barrels when held in one hand and "assault firearm" means any (i) semi-automatic centerfire 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 or (ii) shotgun with a magazine which will hold more than seven rounds of the longest ammunition for which it is chambered. A violation of this section shall be a Class 1 misdemeanor.

This section shall not apply to:

1. Any person (i) while in his home or on his property; (ii) while in the home or on the property of his parent, grandparent, or legal guardian; or (iii) while on the property of another who has provided prior permission, and with the prior permission of his parent or legal guardian if the person has the landowner's written permission on his person while on such property;

2. Any person who, while accompanied by an adult, is at, or going to and from, a lawful shooting range or firearms educational class, provided that the weapons are unloaded while being transported;

3. Any person actually engaged in lawful hunting or going to and from a hunting area or preserve, provided that the weapons are unloaded while being transported; and

4. Any person while carrying out his duties in the Armed Forces of the United States or the National Guard of this Commonwealth or any other state.

(1993, cc. 467, 494; 2003, c. 976; 2004, c. 995.)

Link Posted: 1/12/2005 7:33:01 AM EDT
I found something else that could be useful. Again, I'm no lawyer.

§ 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.

(Code 1950, § 18.1-344; 1960, c. 358; 1975, cc. 14, 15; 1992, c. 487; 1993, c. 855.)


§ 1-13.42. Age of majority.

(a) Unless a different meaning appears from the context:

(1) The words "infant," "child," "minor," "juvenile" or any combination thereof shall be construed to mean a person under eighteen years of age.

(2) When used to mean or include disability because of age, the term "person under disability" shall be construed to mean or include a person under eighteen years of age.

(3) The word "adult" shall be construed to mean a person eighteen years of age or over.

(4) The word "infancy" shall be construed to mean the state of being under eighteen years of age.

(b) For the purposes of all laws of the Commonwealth including common law, case law and statutory law, unless an exception is specifically provided in this Code, a person shall be an adult, shall be of full age and shall reach the age of majority when he becomes eighteen years of age.

(1972, cc. 824, 825.)

It looks like to me that it's only a crime to sell a handgun to a minor and a minor is one who is less than 18. Therefore, it seems to be acceptable to sell a handgun to someone between the ages of 18-20. Hope this helps. MJD
Link Posted: 1/13/2005 9:17:23 AM EDT

Originally Posted By highwayman:
There was a topic in this same forum about 2 months ago that asked whether it was legal to sell a pistol to a 19 yr. old.



ar15.com/forums/topic.html?b=8&f=24&t=185121
Link Posted: 1/13/2005 11:19:46 AM EDT
So is it ok or not? That last thread in the begining said it was and in the end said it was not legal?

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