Store Policy or Law?

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Store Policy or Law?

Postby Freefall1621 » Sat, 05 May 2018 14:44:18

So my VA driver's license comes up for renewal this September and there's a chip in the upper left hand corner and in full disclosure there's a hairline crack below the chip that protrudes slightly into my facial picture. However, this crack does NOT delete ANY feature of my face. All other important data is squarely on the DL; no additional damage. So I'm in a big box store last night wanting to purchase a fire arm. I pull out my VA DL and my Military ID; two documents with my picture on them. Salesman takes a look and says he has to talk to his supervisor. A minute or so later he comes out and says no sale due to the damage on the DL and he says (without citing chapter and verse) it's state law about damaged documents etc etc. Today, I go to my favorite locally owned gun store, confess my mortal sins to the two of the staff and that I'll never visit that big box again and explained what happened the night before. I show them my DL and they say it's not a showstopper for them. I research VA state law on this matter and cannot find anything that says a damaged DL even with a fully intact picture would prohibit a gun sale. Then again, I may not have looked hard enough in spite of my extensive effort. Now it could be store policy not to honor my DL in such a condition. OK! But they didn't cite store policy, they said it was VA law. Policy I can accept but citing what may not be law is abject ignorance. Despite my efforts in review of the law, have I missed something? Please advise.


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Re: Store Policy or Law?

Postby MarcSpaz » Sat, 05 May 2018 18:33:22

I'm no lawyer, but from what I have seen, the law says you need to have valid ID. To the best of my knowledge, there is no law that even remotely implies that if your ID is not in pristine condition that it is somehow not valid. My opinion, if all the information is visible, the photo is visible and there is no signs of tampering, they should have zero grounds to deny it from a statutory prospective.

Sounds like someone was just being a jerk.


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Re: Store Policy or Law?

Postby Snakester » Sat, 05 May 2018 19:38:41

Sounds like the Big Box Store lost a sale for a stupid reason .


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Re: Store Policy or Law?

Postby Freefall1621 » Sun, 06 May 2018 12:08:44

Thanks to all so far. I can clearly understand that if my DL was in such a condition that my face was not recognizable and/or my address information was incomplete, then that would be grounds for denial of the purchase. All I have found in VA law thus far is ยง182-308.2:2. Absent of common sense, there is nothing in that section that speaks to the quality of the document with respect to the condition of the required data. But both the employee and store manager cited law. HMMM. I can accept store policy and would not argue that point but one cannot claim their position to be law when the law is (so far as my current inquiry goes) mute on the issue. Anyone know more? Are there other places in VA law I have not looked that speak to this issue. I want to make sure I am on solid ground before I out them here and if on solid ground, this business will be outed.


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Re: Store Policy or Law?

Postby Jon » Sun, 06 May 2018 18:44:41

No idea on actual law but many moons ago I worked retail and I can tell you from experience on both sides of the counter that it is fairly common for stores to deny ID for a DL showing major wear. I would consider a crack to be major wear even if everything on the license is visible.

Not saying it's right, just that it does happen.

Ii would not be surprised if you took it to DMV and tried to use it as a valid ID that they not accept it.

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Re: Store Policy or Law?

Postby Freefall1621 » Mon, 07 May 2018 05:55:01

Copy all. My DL is up for renewal so I renewed on line. New DL will arrive in a few days. That notwithstanding, the event makes it clear to replace the DL. My question however is one of law versus store policy. Both the sales associate and the manager cited law but made no specific reference with respect to chapter and verse. Making policy while hiding behind the law that may not exist in the first place is ignorance writ large.


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Re: Store Policy or Law?

Postby Roverhound » Mon, 07 May 2018 07:30:53

How many times do we hear people quote something they think is the law but they have no clue?
It's possible they are just ignorant to what is required or they really don't want the hassle down the road with selling to someone with a (to them) possibly altered license.


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Re: Store Policy or Law?

Postby wittmeba » Mon, 07 May 2018 12:58:11

May not like it but with all the crap going on with shootings, checks and balances of where a gun was purchased, was it legal, etc I don't blame them.

They are only the mildly conservative not fully graduated from the libs yet. They just don't fully understand.
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Re: Store Policy or Law?

Postby AlanM » Mon, 07 May 2018 17:45:50

Of course, theoretically anyone can refuse to sell to anyone for any reason.
Or that's the way it used to be.

That being said, refusing to sell by citing a non existent statute might actually be a "color of law" violation.
https://www.justice.gov/crt/deprivation ... -color-law

I doubt that you could make it stick or that it would be worthwhile.
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Re: Store Policy or Law?

Postby Utah » Tue, 08 May 2018 08:16:12

Freefall1621 wrote:.....New DL will arrive in a few days.....


In case you don't know...you have to wait 30 days before you can purchase after you get your new license.
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