Age Requirement

[michellegolden1994]

Hello, My name is Michelle and I live in central Virginia. I am looking to purchase my 1st hand gun a Smith and Wesson .38 revolver to be exact. I am slightly confused on all these variations of age laws permitting to purchase and carry a handgun. Just a few questions. Part 1. In a private gun sale can a 19 year old purchase a hand gun with no paperwork? Part 2. Can a 19 year old open carry a hand gun that has been privately purchased with no paperwork on the gun? Part 3. Is there any factual papers pertaining to open carry of hand guns for individuals under 21 years of age, should I be stopped and questioned by an officer?

Any answers would be great, please try to be simple in explaining, I am new to learning all the laws for handguns.

Thanks Yall'

Michelle

[Chasbo00]

A Virginia resident 18 to 20 years old may legally purchase a handgun from another Virginia resident who is not a firearms dealer. There is no paperwork requirement; however, most think a bill of sale is a good idea.

In Virginia, there is no law against carrying a handgun openly. Therefore open carry is legally allowed for those 18 and older as there is law prohibiting those under 18 from transporting a handgun. There are are some restrictions for certain type handguns (threaded barrels or having a capacity greater than 20 rounds) and with respect to some locations.

Here is good link to become better informed (note the state level links too):

http://www.handgunlaw.us/states/virginia.pdf

[BertMacklin]

I am not a lawyer disclaimer, however I came across my handgun by similar means. It is legal to posses, and OPEN carry a handgun but you must follow local ordinances. You can buy one from a receive one bprivate sale, or y other means and paperwork is at will of the seller though none is required. You may want to do a simple Bill of Sale to cover everyone and it is better to buy from some one you know personally if at all possible, that way they know your not a felon without going through an FFL. It is not legal to buy from an FFL, have a concealed handgun or buy handgun ammunition, federal law for the ammunition. If you are stopped by an officer there shouldn't be any legal ramifications but cops are still cops and may give anyone a shitty time, as long as you have ID you should be ok.

[Chasbo00]

It is legal to posses, and OPEN carry a handgun but you must follow local ordinances.

Actually, in Virginia there is a firearms preemption law that prohibits city or county governments from having any local firearms ordinances that deal with anything other than the discharge of firearms. In other words, state law rules with respect to firearms law in virginia.

§ 15.2-915. Control of firearms; applicability to authorities and local governmental agencies.

A. No locality shall adopt or enforce any ordinance, resolution or motion, as permitted by § 15.2-1425, and no agent of such locality shall take any administrative action, governing the purchase, possession, transfer, ownership, carrying, storage or transporting of firearms, ammunition, or components or combination thereof other than those expressly authorized by statute. For purposes of this section, a statute that does not refer to firearms, ammunition, or components or combination thereof, shall not be construed to provide express authorization.

[MarcSpaz]

This is a list of all laws regulating firearms at the State level. You need to do county level research as well.

http://leg1.state.va.us/000/lst/LS453621.HTM

Actually, in Virginia there is a firearms preemption law that prohibits city or county governments from having any local firearms ordinances that deal with anything other than the discharge of firearms. In other words, state law rules with respect to firearms law in virginia.

I think you may need to reread some of that code. § 15.2-1209.1 and § 15.2-915.2 specifically empowers the governing body of any county to adopt laws making it illegal for any person to carry a loaded firearm.

The two actually work together. § 15.2-1209.1 was written to exclude persons carrying loaded firearms in moving vehicles, for purposes other than hunting, or to persons acting at the time in defense of persons or property. Then § 15.2-915.2 closes the exception for loaded shotguns and rifles in moving vehicles. Some of it relates to hunting and some does not. It can be pretty tricky.



Now something I find really interesting is § 18.2-308.7 says someone under 18 can't carry a handgun or assault rifle. However, the code exempts minors, imposing no age restriction and no parental guidance requirement for people under 18 years of age if they are actually engaged in lawful hunting or going to and from a hunting area or preserve, provided that the weapons are unloaded while being transported.

To balance that law out, code § 18.2-56.2 says its illegal to "recklessly" leave a loaded, unsecured weapons unattended for access to children 13 years old or younger. Oddly enough the term "recklessly" is not defined. Not being a lawyer, I read that as if a 13 year old is well trained and is intentionally left with a loaded firearm, it's all good. LOL Sure, why not.

It also says that children 11 years old and younger must have parental supervision while handling a weapon and the parent must be 21 or older. If you are 21 and have an 11 year old child, I don't know if I should be jealous or concerned. LOL

So, all joking aside and the "not a lawyer" disclaimer... it looks like a 12 year old can legally carry an unloaded handgun, long gun, shotgun or AR while unsupervised to go to a hunt... actually legally hunt with those loaded arms, and return home from the hunt while unloaded (all hunting and county laws providing, of course). That seems pretty darn cool if its true.

[allingeneral]

Michelle - the basic answer is that you can purchase a handgun from a private seller only. A dealer cannot sell you a handgun until you're 21. You can open carry where legal to do so.

It would be a good idea if you were to get some training with regard to handling a firearm safely, and possibly some live-fire shooting instruction as well.

Be safe!

[ProShooter]

It would be a good idea if you were to get some training with regard to handling a firearm safely, and possibly some live-fire shooting instruction as well.

Be safe!

Yes, please come get some training.

[Chasbo00]

I think you may need to reread some of that code. § 15.2-1209.1 and § 15.2-915.2 specifically empowers the governing body of any county to adopt laws making it illegal for any person to carry a loaded firearm.

My reading is OK. My answers to the OP were intentionally simplistic and this thread is about handguns and open carrying a handgun by a person who is 19 years old. § 15.2-1209.1 is about hunting and § 15.2-915.2 concerns only long guns. Also, as with nearly any law or general principle of law, there are always exceptions and exemptions. Regarding firearms law in VA, thankfully there are very few. VA state firearms law is effectively preemptive. Let's hope it stays that way.

[BertMacklin]

I think you may need to reread some of that code. § 15.2-1209.1 and § 15.2-915.2 specifically empowers the governing body of any county to adopt laws making it illegal for any person to carry a loaded firearm.

My reading is OK. My answers to the OP were intentionally simplistic and this thread is about handguns and open carrying a handgun by a person who is 19 years old. § 15.2-1209.1 is about hunting and § 15.2-915.2 concerns only long guns. Also, as with nearly any law or general principle of law, there are always exceptions and exemptions. Regarding firearms law in VA, thankfully there are very few. VA state firearms law is effectively preemptive. Let's hope it stays that way.

I was referring to NOVA specifically, I think Fairfax and Alexandria and a few other counties had certain handguns and long guns which can't be carried loaded. There are such exemptions by county which one should be aware of. Though it may not be a problem with the revolver it's still good to know.

[Chasbo00]

I was referring to NOVA specifically, I think Fairfax and Alexandria and a few other counties had certain handguns and long guns which can't be carried loaded. There are such exemptions by county which one should be aware of. Though it may not be a problem with the revolver it's still good to know.

I think you are referring to this VA statute:

§ 18.2-287.4. Carrying loaded firearms in public areas prohibited; penalty.

It shall be unlawful for any person to carry a loaded (a) 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 that will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock or (b) shotgun with a magazine that will hold more than seven rounds of the longest ammunition for which it is chambered on or about his person on any public street, road, alley, sidewalk, public right-of-way, or in any public park or any other place of whatever nature that is open to the public in the Cities of Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond, or Virginia Beach or in the Counties of Arlington, Fairfax, Henrico, Loudoun, or Prince William.

The provisions of this section shall not apply to law-enforcement officers, licensed security guards, military personnel in the performance of their lawful duties, or any person having a valid concealed handgun permit or to any person actually engaged in lawful hunting or lawful recreational shooting activities at an established shooting range or shooting contest. Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor.

The exemptions set forth in § 18.2-308 shall apply, mutatis mutandis, to the provisions of this section.

This is a VA state statute and not a local ordinance (though a local ordinance may parrot it). However, it is location specific by cities and counties. It addresses essentially only what VA law defines as assault weapons.

[Jakeiscrazy]

Hey Michelle I think these guys got it covered pretty well but I just wanted to say welcome! I'm also 19 and open carry all the time feel free to message me if you ever need someone to go shooting with!

[ Post made via Mobile Device ]

[trailrunner]

Actually, in Virginia there is a firearms preemption law that prohibits city or county governments from having any local firearms ordinances that deal with anything other than the discharge of firearms. In other words, state law rules with respect to firearms law in virginia.

Yes in general, but some old, local, laws are still grandfathered.

[Chasbo00]

Actually, in Virginia there is a firearms preemption law that prohibits city or county governments from having any local firearms ordinances that deal with anything other than the discharge of firearms. In other words, state law rules with respect to firearms law in virginia.

Yes in general, but some old, local, laws are still grandfathered.

Not legally according to VA's preemption law. If you come across any, let us know so they can be challenged in court if necessary and removed.

§ 15.2-915. Control of firearms; applicability to authorities and local governmental agencies.

B. Any local ordinance, resolution or motion adopted prior to the effective date of this act governing the purchase, possession, transfer, ownership, carrying or transporting of firearms, ammunition, or components or combination thereof, other than those expressly authorized by statute, is invalid.

[dorminWS]

If I'm not mistaken,§ 18.2-287.4 was enacted to preserve restrictive legislation that existed when Virginia's pre-emption statute was promulgated.

[Chasbo00]

If I'm not mistaken,§ 18.2-287.4 was enacted to preserve restrictive legislation that existed when Virginia's pre-emption statute was promulgated.

Partly perhaps but I think its crux really revolves around assault weapons as defined in VA law.

[dorminWS]

Looks like there are no "grandfathered" local restrictive gun regulations. (That's what I thought.) Pre-emption statute expressly renders any pre-existing local regs invalid. See language in red, below. I still think that § 18.2-287.4 was written to shut up the cities of Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond, Virginia Beach, and the Counties of Arlington, Fairfax, Henrico, Loudoun, and Prince William because they had already adopted restrictive gun regulations and their legislators were going to make waves unless they got a carve-out.

................................................................................................
§ 15.2-915. Control of firearms; applicability to authorities and local governmental agencies.
A. No locality shall adopt or enforce any ordinance, resolution or motion, as permitted by § 15.2-1425, and no agent of such locality shall take any administrative action, governing the purchase, possession, transfer, ownership, carrying, storage or transporting of firearms, ammunition, or components or combination thereof other than those expressly authorized by statute. For purposes of this section, a statute that does not refer to firearms, ammunition, or components or combination thereof, shall not be construed to provide express authorization.
Nothing in this section shall prohibit a locality from adopting workplace rules relating to terms and conditions of employment of the workforce. However, no locality shall adopt any workplace rule, other than for the purposes of a community services board or behavioral health authority as defined in § 37.2-100, that prevents an employee of that locality from storing at that locality's workplace a lawfully possessed firearm and ammunition in a locked private motor vehicle. Nothing in this section shall prohibit a law-enforcement officer, as defined in § 9.1-101, from acting within the scope of his duties.
The provisions of this section applicable to a locality shall also apply to any authority or to a local governmental entity, including a department or agency, but not including any local or regional jail, juvenile detention facility, or state-governed entity, department, or agency.
B. Any local ordinance, resolution or motion adopted prior to the effective date of this act governing the purchase, possession, transfer, ownership, carrying or transporting of firearms, ammunition, or components or combination thereof, other than those expressly authorized by statute, is invalid.
C. In addition to any other relief provided, the court may award reasonable attorney fees, expenses, and court costs to any person, group, or entity that prevails in an action challenging (i) an ordinance, resolution, or motion as being in conflict with this section or (ii) an administrative action taken in bad faith as being in conflict with this section.
D. For purposes of this section, "workplace" means "workplace of the locality."
(1987, c. 629, § 15.1-29.15; 1988, c. 392; 1997, cc. 550, 587; 2002, c. 484; 2003, c. 943; 2004, cc. 837, 923; 2009, cc. 735, 772; 2012, c. 757.)

[Chasbo00]

...their legislators were going to make waves unless they got a carve-out.

Perhaps so, but note that the accommodation was limited to essentially "assault firearms" as defined in VA law and only loaded ones at that. As I recall, there were far more restrictive local ordinances in effect in several cities and counties that became invalid. The fact that new preemption law allowed one to recoup attorney fees and court costs when successfully challenging these now invalid local laws in court provided the real motivation for cities and counties to get in sync with the new state firearms preemption law.

[dorminWS]

...their legislators were going to make waves unless they got a carve-out.

Perhaps so, but note that the accommodation was limited to essentially "assault firearms" as defined in VA law and only loaded ones at that.

>>>>>>>>>>>>>>>>>>>>>>

No argument there. I'm sure the pre-existing local regs were primarily aimed at evil black rifles, and my guess is there was some "hoss-tradin'" to cut it back to just loaded ones and otherwise ease the restrictions. I wish the conservative element still had that kind of steel in their spines now.

[michellegolden1994]

I think you are referring to this VA statute:

§ 18.2-287.4. Carrying loaded firearms in public areas prohibited; penalty.

It shall be unlawful for any person to carry a loaded (a) 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 that will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock or (b) shotgun with a magazine that will hold more than seven rounds of the longest ammunition for which it is chambered on or about his person on any public street, road, alley, sidewalk, public right-of-way, or in any public park or any other place of whatever nature that is open to the public in the Cities of Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond, or Virginia Beach or in the Counties of Arlington, Fairfax, Henrico, Loudoun, or Prince William.

The provisions of this section shall not apply to law-enforcement officers, licensed security guards, military personnel in the performance of their lawful duties, or any person having a valid concealed handgun permit or to any person actually engaged in lawful hunting or lawful recreational shooting activities at an established shooting range or shooting contest. Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor.

The exemptions set forth in § 18.2-308 shall apply, mutatis mutandis, to the provisions of this section.

This is a VA state statute and not a local ordinance (though a local ordinance may parrot it). However, it is location specific by cities and counties. It addresses essentially only what VA law defines as assault weapons.

I saw all the counties this applied to, luckily I don't live in those. Thanks for all the information guys! Its good to know that I can purchase a handgun. I was told different things by many different people and it seems that everyone is saying the same thing in this forum. "You can own a handgun purchased from a private dealer, no paper work but get a receipt to protect yourself. You can open carry but no concealed carry until 21 years old and I cannot purchase ammunition that I will have to have someone else do it for me." Also, Thanks for the advice on getting in some range practice and gun safety courses. Wouldn't wanna imitate the Christmas Story Movie "You'll shoot your eye out!" lol

[Chasbo00]

I saw all the counties this applied to, luckily I don't live in those. Thanks for all the information guys! Its good to know that I can purchase a handgun. I was told different things by many different people and it seems that everyone is saying the same thing in this forum. "You can own a handgun purchased from a private dealer, no paper work but get a receipt to protect yourself. You can open carry but no concealed carry until 21 years old and I cannot purchase ammunition that I will have to have someone else do it for me." Also, Thanks for the advice on getting in some range practice and gun safety courses. Wouldn't wanna imitate the Christmas Story Movie "You'll shoot your eye out!" lol

Replace the words 'private dealer' above with 'Virginia resident who is not a dealer' and you've got it.

Sorry the thread drift got into a whole lot more VA gun law than you asked about.