Gun store wont release my gun to me

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Denarev
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Gun store wont release my gun to me

Post by Denarev »

I went in to pick up my online purchase of a glock 43x with my wife at a gun store in Virginia beach. As i was inspecting the gun with my wife who can legally carry a conceal gun in Virginia. I was chatting with the clerk and mentioned that the 43x was for my wife and I was going to be giving it to her. My understanding is that she couldn't register it due to we are not Virginia residents. I am in the military and have bought another gun and AR15's in Virginia. As soon as i said it was for her the clerk went and got the manager and i was told they couldn't sell it to me in good conscious. Since I acknowledge that the gun would be used by my wife. I was told she needed to be a resident and that is the only way that I or my wife can receive the gun now. Even with a legal permit to conceal carry that she has, I do not understand why he is rejecting me. I dont know where it says that in a law or regulation. Please help.
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allingeneral
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Re: Gun store wont release my gun to me

Post by allingeneral »

You admitted to the gun store clerk that you were performing a "straw purchase". Whether intentional or not, this is still not a lawful purchase, and the clerk was being proper in his denial of the purchase. I'm not saying that I agree with it, just saying that it is what it is, and putting Democrats in positions of power is what caused it, and they will continue to ratchet down on the laws until it becomes nearly impossible to purchase or transfer a firearm.

Read through a couple of these google hits for more information:

https://www.google.com/search?q=virginia+straw+purchase

See also this law that goes into effect on July 1st this year - again, thank the Democrats.

https://law.lis.virginia.gov/vacode/18.2-308.2:2/
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allingeneral
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Re: Gun store wont release my gun to me

Post by allingeneral »

Some pertinent text from the second link that I posted above (emphasis mine):

L. Except as provided in § 18.2-308.2:1, any dealer who willfully and intentionally sells, rents, trades or transfers a firearm in violation of this section shall be guilty of a Class 6 felony.

(i.e., if this dealer were to release the firearm to you after you admitted that you, the purchaser, were going to immediately transfer it to someone else, the dealer would be guilty of a Class 6 felony)

L1. Any person who attempts to solicit, persuade, encourage, or entice any dealer to transfer or otherwise convey a firearm other than to the actual buyer, as well as any other person who willfully and intentionally aids or abets such person, shall be guilty of a Class 6 felony. This subsection shall not apply to a federal law-enforcement officer or a law-enforcement officer as defined in § 9.1-101, in the performance of his official duties, or other person under his direct supervision.

(i.e., You would be guilty of a class 6 felony, but a law enforcement officer may use this to entrap a dealer))
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Denarev
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Re: Gun store wont release my gun to me

Post by Denarev »

I told him since we couldn't get the firearm under her name right away since we are a military family thats a non-residents. If we could of got the gun under her name right there and then we would of. I never knew or heard of the straw purchase law. What are my options now cause he demanded that my wife now go get a Virginia ID.
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Re: Gun store wont release my gun to me

Post by Denarev »

I forget to mention this was my wife's christmas gift and all I can read or understand is that she isn't a Virginia resident. We didnt do nothing illegal.
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Re: Gun store wont release my gun to me

Post by allingeneral »

I would suggest letting them put the gun back on the shelf and negate the purchase. Any future purchases at another gun shop are for you, and by you (read carefully those questions on ATF form 4473 - especially question 21a).

https://www.atf.gov/firearms/docs/4473- ... 9/download

I'm personally not sure what else to tell you. Might be worth discussing with a lawyer if you want any further legal advice about the situation.
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Denarev
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Re: Gun store wont release my gun to me

Post by Denarev »

If I could I would bit its an online order. I was just picking up my gun with my wife
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Re: Gun store wont release my gun to me

Post by Oakes »

Talk to your local circuit court and ask them how to go about this. Get names and paperwork with signatures. You can give gifts to family members of weapons. Get it in writing and bring it with you along with a ph number the gun dealer can call. Go during court hours to the gun store.
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