Virginia Gun Owners Forum - VGOF

I am finding a discrepancy between Federal law (BATFE) and State law (Code of Virginia) regarding the identification documentation needed to purchase a handgun in Virginia.

I own homes in two States (NJ and VA) and live part of the year in each State. Under 27 CFR 478.11 (page 39), I am a resident of Virginia while living in VA, and a resident of NJ while living in NJ, but I have an NJ driver's license. Since I am a dual resident, according to BATFE I can buy a handgun in any State using my NJ license for identification plus a government issued document showing my address in the State of purchase.

The following is from BATFE form 4473 for purchasing firearms:

"For example, if a U.S. citizen has two States of residence and is trying to buy a handgun in State X, he may provide a driver's license (showing his name, date of birth, and photograph) issued by State Y and another government-issued document (such as a tax document) from State X showing his residence address."

This conflicts, however, with the Code of Virginia, 18.2-308.2:2, which states:

"To establish personal identification and residence in Virginia for purposes of this section, a dealer must require any prospective purchaser to present one photo-identification form issued by a governmental agency of the Commonwealth or by the United States Department of Defense, and other documentation of residence." (emphasis added)

So, while BATFE says my NJ license is acceptable ID (when supplemented by proof of residency in VA), the State of Virginia seems to require that my photo ID must be issued by the Commonwealth of Virginia.

Does anyone know if a VA issued photo ID is really required? I want to keep my NJ DL for now but will look into changing in the future as it effects lots of other things.

TomVA

A VA picture ID card ($10) may be a good solution. I would think you could get one and keep your NJ DL, but I'm not sure.

http://www.dmv.state.va.us/drivers/#id/adult_id.html

If I am not mistaken, the Virginia DMV will issue you a non-DL photo ID if you go to a DMV office and ask for one. I'm sure there will be a charge, but that might solve your problem, - if the FFL will take that ID; and assuming the DMV will issue such an ID to a non-full time resident. I guess you could show up with a property tax bill and maybe a couple of utility bills to establish that you are a resident for part of the year.

EDIT: Obviously, Chas beat me to the punch.

I did try to get a Virginia photo ID, but they said I must turn in my NJ license first. The VA DMV website says that adult ID cards are "Issued to an individual age 15 and above who does not hold a learner's permit or driver's license issued by any state within the United States."

Not sure if this is a state or federal requirement, but I guess they don't allow state IDs from two different states.

TomVA

That all sounds like a big catch-22 crock of poo to me.

Where are you registered to vote? I've used my VA voter registration card as one of the VA IDs required for purchases. You'll need two forms of ID here, one with the picture.

Have you talked with an FFL on what they'd actually accept?


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TomVA wrote:I did try to get a Virginia photo ID, but they said I must turn in my NJ license first. The VA DMV website says that adult ID cards are "Issued to an individual age 15 and above who does not hold a learner's permit or driver's license issued by any state within the United States."

Interesting. I can understand no dual driver's licenses, but I don't get why you must surrender your DL to get just a state ID. Sounds like you are caught up in a Catch 22.

TomVA wrote:I did try to get a Virginia photo ID, but they said I must turn in my NJ license first. The VA DMV website says that adult ID cards are "Issued to an individual age 15 and above who does not hold a learner's permit or driver's license issued by any state within the United States."

Not sure if this is a state or federal requirement, but I guess they don't allow state IDs from two different states.

TomVA

I learned a long time ago that, generally, the Virginia DMV doesn't always know what they are talking about.
Perfect example....I once went to DMV to have my address changed after I moved. The DMV told me that my license had been suspended for over a year (I was never notified of this) yet 6 months earlier I had my license renewed. How can I get my license renewed if it is suspended?
They took my license on the spot. In order to get a current license, I had to take a written and driving test and pay a $400.00 fine.
Go figure!

Had that happen once......sucked big time.

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Buy from private owners. You can prove VA citizenship, so you are not bypassing any laws.

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Thanks all. I vote in NJ - I think I would have to live in VA for more than half the year to be eligible to vote in VA. Per the VA DMV, to vote in VA, "You must be a resident of Virginia not claiming a residency in another state."

I talked to two FFLs and both wanted a VA DL for a handgun purchase. A private purchase would be legal as the VA Code only applies to dealers, and I am looking for a private sale, but many private sellers also want to see a VA DL for their own safety, and finding the specific guns I want is difficult. I'll keep looking - anyone have a CZ 75BD for sale?

TomVA

When I lived in San Antonio for the summer, I obtained non-permanent residency. I got a Texas ID card. I could be a full resident of Texas if I surrendered my VA DL. With the photo ID, I could purchase firearms.

Long story short- If you get a VA (non-DL) ID, you can purchase here.

TomVA wrote:I am finding a discrepancy between Federal law (BATFE) and State law (Code of Virginia) regarding the identification documentation needed to purchase a handgun in Virginia.

No "discrepancy " here. State laws do not have to match federal law, and are allowed to be more restrictive than federal laws.

You may have 2 states of residence as far as the ATF is concerned for purchasing firearms. However to buy/transfer from a VA dealer, you will have to comply with the more restrictive Virginia laws.

I had the same problem a few years ago. I had not actually moved out of VA at the time, but was in NJ for the summer and had to get a NJ license to be allowed to drive a company vehicle there...

I ended up having to get a new VA drivers license, and then wait 90 days from the issue date on my drivers license... that was before 9-11 too. I can't imagine it has gotten any easier since then.