Banning of private sales now law in Virginia | Page 2 | Carolina Shooters Club

Banning of private sales now law in Virginia

Discussion in 'Firearms News and Firearms related political news' started by MikeHRL, May 2, 2020.

  1. SkydivnShooter

    SkydivnShooter Staff Member Staff Member Lifetime Member Club Subscribed

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    • This message has been removed from public view.
    So now were censoring posts?
    Can't handle the truth?

    Yes, we can handle the truth.

    Yes, we censor posts.

    Take some time off and cool down.
     
  2. Redhawk44

    Redhawk44 Club Subscribed Club Subscribed

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    Those that ask for more than the law requires are a threat to 2nd amendment
     
  3. MurphyLong

    MurphyLong sudo Staff Member Lifetime Member Club Subscribed

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    Some people want to see a CCP/PPP for long guns to make sure the person isn't a felon.
    People who skirt laws, and sell guns to people without a permit, just so they can charge more- THOSE are the threats. The jackholes with oil filters (solvent traps,) binary triggers, slidefires, and other nonsensical shenanigans... those are the threats.

    The FACT is, we have laws, and people are allowed to practice self-preservation by being more strict than the law requires because that's what makes THEM comfortable. I deal with lots of people who have an Active TS Clearance, which means they will pass a NICS check, and by FEDERAL law, they don't need a permit for a pistol, but if they don't have one, I won't sell to them because the State law is more strict.

    Don't like their personal requirements? Don't buy from them. Don't like the state law? Get out.

    With that said, I'm not the type who requires a BOS, or permits for long guns... Is NC's permit system stupid? Absolutely, but it is what it is, and until there's some sort of Apocalypse, I'll keep following those laws.
     
  4. odessastraight

    odessastraight Registered Member

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    Let me add a bit of info as far as me wanting to use my Mossberg Shockwave in a run-and-gun match and being told NO. I was told that the District Attorney for that county said the Mossberg Shockwave was an evil short barrel shot gun. The range owner didn't want to do anything that might draw any legal scrutiny. So that's his call and I've gone to other matches/ranges. I do miss shooting that run-and-gun with whatever weapon I want some trigger time with. I can get 10 mini slugs in that Shockwave tube which would have been a blast pumping those slugs into those paper targets or at least pumping them AT the targets at longer range. Of course the reload would be sand dial slow. Can you imagine the target hole paster uppers having to use 4 pasties for each 12 gauge slug hole:).
    All this to say I like the range owner and even understand his caution in keeping his business. I do think he's wrong and the Shockwave is perfectly legal (in his county, too) and that I think he's somewhat sucking up to liberal, anti 2nd politicians. I guess I feel the same for those requiring their own made up rules which I consider anti 2nd. What everyone must consider that some fellow gun owners will, there is a sizeable portion of pro 2nd who will not just roll over if it ever comes to firearms confiscation and we seem to be edging closer and closer to that.
     
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  5. rellascout

    rellascout Registered Member

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    It was my understanding this has been the law for a longtime. The only gray area is does someone have to surrender the PP to the seller.
     
  6. rellascout

    rellascout Registered Member

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    I think your verbiage is inaccurate. VA did not ban private sales of firearms. They expanded background checks and they are now required for private transactions. I think it is BS but we should be precise in the language we use to describe the process. "Transfers" where there is no exchange of anything of value still do not require a background check. I assume this is so you can gift a gun to someone and also leave them to your Heirs if they are also VA residents. They also are not limiting gun sales to one a month. They are limiting handgun sales to once a month. This was the law back when I lived in VA. The exception was CHP holders. If you had a carry permit you could purchase as many as you wanted.

    I did not read the new statute but does the FFL processing the background check have to put the gun into their book? Are they taking possession of it and then transferring it to the new owner?
     
  7. Barrett

    Barrett Registered Member

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    ... a question...I think I remember the law stating that is my responsibility as a seller to insure the buyer is legally allowed to own a firearm. If the person is a convicted felon and takes the gun and kills his wife or girlfriend with it am I going to be in trouble with the law? What is my "get out of jail free" card?...I asked if he was legal to own? I bet there are dozens of AGs eager to make me an example. The legal fees alone will probably ruin me.

    How do I stay out of jail and out of court? It may not be popular but the only way I know is to see if they have a pistol permit or a conceal carry permit. I know it's not really what we want to do but what is the alternative...I seriously want to know.

    Also, what documentation do I need to keep and for how long when selling a gun...particularly a pistol?
     
  8. MikeHRL

    MikeHRL Member

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    If you get a background check, pay a fee to the state, and all sales are registered, is it still a private transaction? If you check the date of the post it was in May, the law went into effect 7/1. At the time of the post there was no information about the process, I believe the law was passed and then a process was to be determined afterwards. They hide the info until implementation to avoid a lot of maneuvering just before the law takes effect. The process in VA is still not clear to me, but it applies to all gun sales and try to find a clear description on line. 3 months after implementation. I compare it to the Maryland system for handguns which was promoted as ban on private sales, dealers do record transctions in their bound books, and could charge any fee they wanted, usually $40, but I have seen $60. Yon could do it through the MSP (state police) for $20. I think the importance of this post is that a similar process will be passed if the election gives both houses and president to the Democrats, and it is probably coming as a federal law. This is also IMHO a first step, with more to follow.
     
  9. rellascout

    rellascout Registered Member

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    I don’t live in VA so I don’t really care at this point. Also IIRC in VA they have a state background check that you pay $2 for when you purchase a gun from a FFL. This is on top of the Federal NCIS check.

    It is my understanding VA is only requiring the VA check which cost $2 and can be done at a gun show by the State Police.

    IMHO it is still a transaction between 2 private individuals not a transfer to a FFL then to an individual but as I stated I don’t live in VA so I have not looking into it in any detail.
     
  10. JimB

    JimB Club Subscribed Club Subscribed

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    Your memory is incorrect. Your obligation is to make a reasonable inquiry and to NOT know that the person is prohibited. If you intentionally sell to a prohibited person then you are in trouble, but if you don’t know then they can’t prove you knew or should have known, then no prosecution because no chance of conviction.

    FWIW I ask to see proof of residence, usually a drivers license, to ensure that the person is not a minor and is a resident of NC, and I ask if they are a convicted felon, otherwise prohibited, or ever been declined a firearms purchase from a store. I do the same thing every time, and if a bad guy ever gets a gun from me I’ll say that I did exactly what I did. Oh, for a pistol I also ask to see their chp or a ppp; I keep neither, mark on neither, and write down the info from neither. There is no bill of sale. Seriously, I am unconcerned about telling an investigating officer that I may or may not have previously owned a specific gun, but that I don’t own it now and if I sold it here is what I did. It’s the same if they ask me about a knife or a shovel.

    Anything else you choose to do is up to you, but it is not legally required, and if those extra things makes you feel better it’s only because you don’t understand how the law, police investigation and criminal prosecution work. But as a seller, everyone is free to do what they want.

    This is not legal advice, you should work this stuff out yourself, and I’m too lazy to find the statute for you.
     
  11. carolinashooter

    carolinashooter Registered Member

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    JimB is spot on with what he wrote. Everything there is correct. If you do not have an 01 or better FFL you simply can not have information the person cannot legally have a weapon. You can simply ask them the question. That is for long guns as well as pistols. For pistols you have to see (see only) a pistol purchase permit or a concealed carry license. You are required to SEE it, not take or keep any records of it. Those are the legal requirements for an private individual. Anything beyond this and you are making things up as you go that are not necessary nor required by law.
     
  12. michael52

    michael52 Active Member

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    why they voted BLUE if im not mistaken
     
  13. ammoaddict

    ammoaddict Registered Member

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    I see you are from nc as well. 1/2 hour south of blowing rock here. I like your avatar. I am a member of the Sons of Confederate Veterans.

    Sent from my moto g(7) power using Tapatalk
     

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