One Gun over 30 days except....

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LoneStar
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One Gun over 30 days except....

Post by LoneStar »

I've got a question about the one gun every 30 days law.
I recently bought a new pistol. There is a gun show coming up, where I would like to trade in my Ruger LCP for either a new Snubbie .38 or a small 9mm, but I want to make sure it would be legal to do so.
The excerpt from http://leg1.state.va.us/000/cod/18.2-308.2C2.HTM says:
P. Except as provided in subdivisions 1, 2, and 3 of this subsection, it shall be unlawful for any person who is not a licensed firearms dealer to purchase more than one handgun within any 30-day period. A violation of this subsection shall be punishable as a Class 1 misdemeanor.

1. Purchases in excess of one handgun within a 30-day period may be made upon completion of an enhanced background check, as described herein, by special application to the Department of State Police listing the number and type of handguns to be purchased and transferred for lawful business or personal use, in a collector series, for collections, as a bulk purchase from estate sales and for similar purposes. Such applications shall be signed under oath by the applicant on forms provided by the Department of State Police, shall state the purpose for the purchase above the limit, and shall require satisfactory proof of residency and identity. Such application shall be in addition to the firearms sales report required by the Bureau of Alcohol, Tobacco and Firearms (ATF). The Superintendent of State Police shall promulgate regulations, pursuant to the Administrative Process Act (§ 2.2-4000 et seq.), for the implementation of an application process for purchases of handguns above the limit.

Upon being satisfied that these requirements have been met, the Department of State Police shall forthwith issue to the applicant a nontransferable certificate, which shall be valid for seven days from the date of issue. The certificate shall be surrendered to the dealer by the prospective purchaser prior to the consummation of such sale and shall be kept on file at the dealer's place of business for inspection as provided in § 54.1-4201 for a period of not less than two years. Upon request of any local law-enforcement agency, and pursuant to its regulations, the Department of State Police may certify such local law-enforcement agency to serve as its agent to receive applications and, upon authorization by the Department of State Police, issue certificates forthwith pursuant to this subsection. Applications and certificates issued under this subsection shall be maintained as records as provided in subdivision B 3. The Department of State Police shall make available to local law-enforcement agencies all records concerning certificates issued pursuant to this subsection and all records provided for in subdivision B 3.

2. The provisions of this subsection shall not apply to:
...
g. A person who trades in a handgun at the same time he makes a handgun purchase and as a part of the same transaction, provided that no more than one transaction of this nature is completed per day;
I just want to see if I'm reading this correctly, or not. I know if I had my CHP this wouldn't be an issue, I recently applied for it, but have not received it yet (it's still within the 45 days).
Thanks for any help.
jsmithusaf89

Re: One Gun over 30 days except....

Post by jsmithusaf89 »

Buy or trade the gun for a collection, or in a series of guns collected. Get the paperwork done prior to the gun show if possible. It's just a paper trail they want. Also, you can call the state police and ask the desk sargeant who will probably be helpful if he's in a good mood. Hope this helps. :lovegunporn:
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Diomed
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Re: One Gun over 30 days except....

Post by Diomed »

The problem you're more likely to have is convincing a dealer that you can do that.
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Thundar
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Re: One Gun over 30 days except....

Post by Thundar »

Besides the well known exception to the one handgun a month law for those who possess a cocealed handgun permit (CHP), the entire 18. 308 2:2 where this law resides does not apply to someone who has a curio & relic FFL or to the transfer of curio and relic firearms. (Subsection I)

If none of these exceptions apply, you can get a multiple hangun certificate from the Virginia State Police.
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