Posted: 5/16/2007 10:41:45 AM EDT
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What is the exact law for doing Face to face firearm transactions in VA? Is it legal to sell to someone in another state? I've heard it is not, but I read something on a gun law website that does not mention that you cannot sell to someone who lives in another state. Could some one please clarify for me? I would appreciate it. Thanks! |
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you may not sell to someone from another state without going through an FFL... period... unless you are a license holder (an FFL) there is a misconception that this only applies to handguns... this is incorrect... it is against federal law for an unlicensed resident of one state to transfer any firearm to a resident of another state. period. case closed. An FFL Holder may sell a long gun to a resident of another state (there are some caveats, but that is where the misconception comes from). An FFL holder may not sell a handgun to a resident of another state. if you are unlicensed, and you want to sell any firearm to a resident of another state it must go through an FFL. |
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no worries, FYI, here is the applicable section of the Code: 922(a)(5) states: for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in... the State in which the transferor resides I added the bolding....notice, again, it says ANY FIREARM.... I cannot tell you how many Nation's Gun Shows I have been to and listened to people do private sales where they say its not ok to sell a handgun to someone from Maryland, but then turn around and sell them a deer rifle... |
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O.k. thanks for posting the code. I found another thought i'm not sure how it falls in, or if it has been overshadowed by what you posted. Please help me understand what this says or allows. According to "ATF P 5300.5, State Laws and Published Ordinances-Firearms, 2003-24th Edition, US Dept of Justice Bureau of Alcohol, Tobacco, Firearms and Explosives, page 404 Title 59.1 Commonwealth of Virginia TRADE and COMMERCE; 59.1-148.1 PURCHASE of FIREARMS in a CONTIGUOUS STATE. "Any resident of the Commonwealth of Virginia, who may lawfully purchase and receive delivery of a rifle or shotgun in this commonwealth, may purchase a rifle or shotgun in a contiguous state and transport or receive the same into the Commonwealth of Virginia provided the sale meets the lawful requirements of purchase. Does this confuse you to? Or does the 922 out class the above statements? Thanks! |
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To me, what that means, is you can go to an FFL in one of the Contiguous states and purchase a shotgun or rifle and bring it back into Virginia without going through a licensee here in this state.... However, because of the Supremacy clause, if would be illegal for a non-licensee in one of those states to sell you a rifle or shotgun, so you would not meet the "lawful requirements of purchase" if you bought from a private individual in another state... essentially, according to that law, you can go to an FFL in another state and buy a rifle or shotgun and bring it back to Virginia... it completely agrees with the federal code.... |
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he would still be a resident of Virginia then to me... I would have to go back and re-read the code for exceptions for military But a generally accepted legal definition of residency is someone who makes or establishes their legal domicil in a place with the intent of remaining there. The intent is the big thing. I am assuming (having been in the military) that your buddy still has a VA Driver's License, probably still votes here, and (most importantly) intends to return here when he is no longer in the military....to me that makes him a resident of Virginia... Furthermore, he probably uses the Military exception to buy guns in North Carolina... I will check the code if I remember though and see if it specifically mentions military though... but to me, that sounds like he is a resident of Virginia, in the military, stationed in Fort Bragg |
