Assault rifles???

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Assault rifles???

Postby M1A4ME » Fri, 28 Aug 2015 06:25:28

I keep running into different views, by dealers, on what makes a rifle and "assault rifle".

When you buy and "assault rifle" you have to prove Virginia (VA drivers license) and United States citizenship (birth certificate or voter registration card).

I've bought a 16" barreled FAL - driver's license and concealed carry permit

I've bought a XM 177 clone (barrel length 16" due to welded on flash suppressor) with a carbine/adjustable stock - driver's license and birth certificate

I've bought an M1A - driver's license and concealed carry permit

I've bought an 8 shot Ithaca M37 - driver's license and concealed carry permit.

I've bought AR15's with 16" and 20" barrels - driver's license and concealed carry permit

I've bought a SIG 556R with 16" barrel and folding stock - driver's license and concealed carry permit

The other day I bought a 16" barreled MPAR carbine with a folding stock and when I handed him my VA driver's license and concealed carry permit I was told I had to prove US citizenship and they then looked up my voter registration online. I questioned what was different about this rifle that US citizenship was required and I was told that all AR15 type rifles are "assault rifles" and US citizenship is required to purchase them. This dealer also had me write "N/A" in all the blank spaces/blocks in the federal and state forms filled out for gun purchases. I've never had to do that before, for rifles, shotguns or handguns.

I'm beginning to thing the government is pretty inept at checking these forms, training dealers, etc. or else they are sitting back and laughing their asses off at how confusing they've made it for everyone to buy/sell guns these days.

Life is strange and confusing sometimes. Just when you think you've got it figured out, someone tells you that you're wrong.


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Re: Assault rifles???

Postby MarcSpaz » Fri, 28 Aug 2015 07:41:16

The dealers are mistaken. There is no federal rule that says any such thing. You don't need to prove citizenship for "assault rifles", from the Fed side. You need to prove citizenship on some weapon types that export bands or limits on them. They are far and few between and they likely won't be found in a typical gun shop.

Now, VA law says you have to be a US citizen to buy an "assault weapons", which is some arbitrary random group of cosmetic features.

"Assault weapons" are defined as a semi-automatic, centerfire, firearm equipped with a folding/adjustable stock, or equipped at the time with a magazine capable of holding more than 20 rounds, or capable of accommodating a silencer.

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Re: Assault rifles???

Postby WVUBeta1904 » Fri, 28 Aug 2015 08:20:31

I get that spiel here and there from my FFL. "Assault-type" weapon sales/transfers in VA require 'this, this, and this.'

I typically provide my VADL and voter registration, which is sufficient as proof of identity, state residency, address verification, and US citizenship. Helps to keep those two pieces of documentation on me regardless, along with my CCP, so it's never created any problems. Good thing they were willing to verify your registration status online.
Democracy does not guarantee equality of conditions - it only guarantees equality of opportunity.


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Re: Assault rifles???

Postby OakRidgeStars » Fri, 28 Aug 2015 10:33:18

WVUBeta1904 wrote:I get that spiel here and there from my FFL. "Assault-type" weapon sales/transfers in VA require 'this, this, and this.'

I typically provide my VADL and voter registration, which is sufficient as proof of identity, state residency, address verification, and US citizenship.


That's all I ever use as well. Good for all manners of scary rifles.


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Re: Assault rifles???

Postby Chasbo00 » Fri, 28 Aug 2015 12:33:50

Virginia law:

§ 18.2-308.2:01
Possession or transportation of certain firearms by certain persons.

A. It shall be unlawful for any person who is not a citizen of the United States or who is not a person lawfully admitted for permanent residence to knowingly and intentionally possess or transport any assault firearm or to knowingly and intentionally carry about his person, hidden from common observation, an assault firearm.
B. It shall be unlawful for any person who is not a citizen of the United States and who is not lawfully present in the United States to knowingly and intentionally possess or transport any firearm or to knowingly and intentionally carry about his person, hidden from common observation, any firearm. A violation of this section shall be punishable as a Class 6 felony.
C. For purposes of this section, “assault firearm” means any semi-automatic center-fire rifle or pistol that 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.
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Re: Assault rifles???

Postby trailrunner » Fri, 28 Aug 2015 16:45:11

If the magazine that comes with the rifle holds more than 20 rounds you have to prove citizenship.


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Re: Assault rifles???

Postby M1A4ME » Fri, 28 Aug 2015 17:24:26

This rifle has a folding stock. The AR15's don't fold, they just slide forward/rearward.

The SIG 556R also has a folding stock.

Just some confusion out there amongst the dealers as to what constitutes an assault weapon - and among some of us.

I guess if they (dealers) were consistent, I wouldn't be less confused.


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Re: Assault rifles???

Postby MarcSpaz » Fri, 28 Aug 2015 19:33:59

They have to make it confusing so when they smack you with a fine and take your guns, you will actually think you did something wrong and not fight them on it.


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Re: Assault rifles???

Postby dusterdude » Fri, 28 Aug 2015 19:57:42

It seems that law is referring to non-citizens,am i wrong?


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Re: Assault rifles???

Postby MarcSpaz » Fri, 28 Aug 2015 20:01:24

Yes.. That is the subject of discussion... why do you need to prove you are a citizen of the US. The answer is, per VA law, if you are not a citizen, it is illegal to posses or transport those types of weapons.


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Re: Assault rifles???

Postby Chasbo00 » Sat, 29 Aug 2015 17:55:27

Non-citizen greencard holders are OK too.
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Re: Assault rifles???

Postby dusterdude » Sat, 29 Aug 2015 18:09:56

Gotcha,thanks marc


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Re: Assault rifles???

Postby iainb » Thu, 10 Sep 2015 12:53:02

I've only bought two firearms so far, my VP9 and the lower for my AR. I used my VA license and voter registration card for both.


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Re: Assault rifles???

Postby Reverenddel » Sun, 13 Sep 2015 14:46:00

Why doesn't someone file a lawsuit about the "grainy" text in that law? They have some things defined, but in affect, it's all COSMETIC... you can argue that point that form, and function of a DEFINED "assault rifle" is selective fire, and ammo type.


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Re: Assault rifles???

Postby tangodown » Thu, 11 Feb 2016 18:11:57

By definition an Assault Rifle is any weapon that is either belt or magazine fed, and has the capability of either a burst fire or full automatic fire ability. So unless what ever you are buying has those two features and requires an FFL or Federal Tax Stamp..... It is not an "Assault Rifle"

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Re: Assault rifles???

Postby noonanda » Mon, 08 Aug 2016 22:49:00

Gentlemen, sorry about bumping an old post but I didnt want to start a new one.
I am a Retired Marine and am looking at escaping the peoples republic of California to the state of Virginia. I already own about 6 AR-15's, 1 AK, and an M-1A. For all of these I also own what in California are considered "Preban" high capacity magazines (20 & 30 round AR, 30 and 75 rd AK, 20 round M-14). now moving there I will not yet be a Virginia resident, should I expect there would be any issue bringing these guns in? I am somewhat confused by the "Assault weapons" law, does that only pertain to new purchases?

Thank you all in advance


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Re: Assault rifles???

Postby SHMIV » Mon, 08 Aug 2016 22:57:23

No, you won't have any issues. We are a pretty gun friendly state, despite the efforts of the @$$hole in the Governors Mansion.

Also, we have no gun registration, here.

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Re: Assault rifles???

Postby grumpyMSG » Mon, 08 Aug 2016 23:35:11

As long as you get them here safely you should have no problems. Just beware some states can be real unfriendly on the transportation aspect. I know for certain you don't want to set foot in Maryland with your collection. They are @$$es looking for a place to $h!t.
You just have to ask yourself, is he telling you the truth based on knowledge and experience or spreading internet myths?


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Re: Assault rifles???

Postby noonanda » Mon, 08 Aug 2016 23:51:53

Planning on coming across on interstate 40, All the states I would go through also recognize my AZ CCW. Will avoid Maryland like the plague


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Re: Assault rifles???

Postby M1A4ME » Tue, 09 Aug 2016 06:36:19

Welcome to VA. I think you'll like it here, unless high humidity in the summer, ticks and chiggers bother you or you move up in the northern/eastern part of the state. Those folks vote for the same kind of folks who have ruined it for gun owners in CA.


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