Virginia Gun Owners Forum - VGOF

Does picking up a gun out of pawn count against the one gun a month rule?

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I thought they repealed that law?

Yes it does. You will have to fill out both the VA background check and ATF 4473 before you can walk out the door with the handgun.

Chingon wrote:I thought they repealed that law?

If the Governor signs the bill, it will go into effect on July 1. Until then, one handgun a month is the law of the land.

Even paying of your loan and picking up YOUR gun out of pawn? Not just buying from a pawn shop....

Yep... No one walks out the door with a gun without the usual background check routine. Go figure.

OakRidgeStars wrote:Yep... No one walks out the door with a gun without the usual background check routine. Go figure.

Wow - I didn't realize that.

So are pawn shops who are not FFL's allowed to take guns for monies?

meak99 wrote:
So are pawn shops who are not FFL's allowed to take guns for monies?

According to last pawn shop owner that I spoke with, no.

They chose not to be an FFL anymore, shortly after the last Presidential election. Seems that fewer people were inclined to pawn their guns. Wasn't worth it to them, anymore.

So I got clarity today from a local shop. The law only applies to one hand gun purchase a month. Pawns are not considered purchased, but secured loans and the collateral being redeemed is exempt from law. With that being said you can still purchase a gun if you already picked your gun up out of pawn

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insuranceguy12 wrote:So I got clarity today from a local shop. The law only applies to one hand gun purchase a month. Pawns are not considered purchased, but secured loans and the collateral being redeemed is exempt from law. With that being said you can still purchase a gun if you already picked your gun up out of pawn

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That makes too much "common sense" to be true...

I didn't va could be so smart, well at least a little smart

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insuranceguy12 wrote:So I got clarity today from a local shop. The law only applies to one hand gun purchase a month. Pawns are not considered purchased, but secured loans and the collateral being redeemed is exempt from law. With that being said you can still purchase a gun if you already picked your gun up out of pawn

That's not one the exceptions to the law:

1. Replacement of a handgun for a handgun that is stolen or irretrievably lost when it is deemed that the handgun be replaced immediately.
2. Trade-in of a handgun at the same time a handgun is purchased and as a part of the same transaction, provided that no more than one transaction of this nature is completed per day.
3. Exchange or replacement of a handgun by a seller for a handgun purchased from such seller by the same person seeking the exchange or replacement within the thirty-day period immediately preceding the date of exchange or replacement.
4. Purchase of multiple handguns by a private security company licensed to do business within the Commonwealth.
5. Purchase of multiple handguns by a law-enforcement agency or agency duly authorized to perform law-enforcement duties.
6. When in possession of a valid Virginia permit to carry a concealed handgun.
7. When purchasing handguns in a private sale.
8. Purchase of antique firearms.

Pawnbrokers are dealers under the law (assuming they've followed federal law and gotten their FFL). They have to do a redemption background check, so VSP is going to know they transferred a handgun to a given person on a given day. I haven't looked at the online form lately so I don't remember if there's a field for pawn redemptions, but since there doesn't seem to be anything in the law (18.2-308.2:2) about pawns, secured loans or collateral, I'd have to be shown something in the Code giving them a pass, because it's definitely not in the one-gun-per-month law.

Yes, but the delivery of the gun to the pawnshop as security for a loan is no a transfer of ownership, as I see it. So picking up your own gun after paying off the loan is no different from paying the gunsmith for his services and picking you gun up there. Seems to me if the authorities are requiring a background check and counting such a transaction against the one gun a month rule, they are clearly overreaching.

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dorminWS wrote:Seems to me if the authorities are requiring a background check and counting such a transaction against the one gun a month rule, they are clearly overreaching.

Well, "Congress" is a synonym for "overreach"...