need advise

Post your (General Firearms Related) question and it's likely that someone can give you the answer
Post Reply
User avatar
tpb
Sighting In
Sighting In
Posts: 11
Joined: Mon, 30 Nov 2009 16:47:44

need advise

Post by tpb »

I am new to this forum and here to try to get some advise.I am 18 years old and a friend of mine wants to give me his handgun (.380) for compensation for some money he owes me. He is 21 and purchased it from a local collector. i am unsure if this exchange will be completely legal and do not understand the wording of the information on the virginia state police website. any help and legal advise would be appreciated because i do not want to break any laws.
OakRidgeStars
VGOF Gold Supporter
VGOF Gold Supporter
Posts: 14108
Joined: Sun, 22 Mar 2009 10:13:20

Re: need advise

Post by OakRidgeStars »

From the VA State Police website...
A person must be at least 18 years of age to purchase a rifle or shotgun. To purchase a handgun from a licensed firearms dealer, you must be at least 21 years of age, pursuant to federal law. For statutory regulations concerning underage persons possessing firearms, refer to Virginia Code §18.2-308.7, possession or transportation of certain firearms by persons under the age of eighteen.
Exceptions are...
� 18.2-308.7. Possession or transportation of certain firearms by persons under the age of 18; penalty.

It shall be unlawful for any person under 18 years of age to knowingly and intentionally possess or transport a handgun or assault firearm anywhere in the Commonwealth. For the purposes of this section, "handgun" means any pistol or revolver or other firearm originally designed, made and intended to fire single or multiple projectiles by means of an explosion of a combustible material from one or more barrels when held in one hand and "assault firearm" means any (i) semi-automatic centerfire rifle or pistol which 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 which will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock or (ii) shotgun with a magazine which will hold more than seven rounds of the longest ammunition for which it is chambered. A violation of this section shall be a Class 1 misdemeanor.

This section shall not apply to:

1. Any person (i) while in his home or on his property; (ii) while in the home or on the property of his parent, grandparent, or legal guardian; or (iii) while on the property of another who has provided prior permission, and with the prior permission of his parent or legal guardian if the person has the landowner's written permission on his person while on such property;

2. Any person who, while accompanied by an adult, is at, or going to and from, a lawful shooting range or firearms educational class, provided that the weapons are unloaded while being transported;

3. Any person actually engaged in lawful hunting or going to and from a hunting area or preserve, provided that the weapons are unloaded while being transported; and

4. Any person while carrying out his duties in the Armed Forces of the United States or the National Guard of this Commonwealth or any other state.

(1993, cc. 467, 494; 2003, c. 976; 2004, c. 995.)
and...
What are the laws concerning the private sale of a handgun?
To privately sell a firearm, it is recommended that you safeguard information pertaining to the transaction such as the date the firearm was sold, the complete name and address of the buyer, and the make, model, and serial number of the firearm. The seller and buyer of a handgun must be a resident of the state in which the transfer occurs. Additionally, Virginia’s handgun purchase limitation applies in private transactions. Refer to http://www.vsp.state.va.us/Firearms_Mul ... chase.shtm for additional information on multiple handgun purchases. Should the firearm ever be located at a crime scene, trace of the firearm will determine the licensed dealer who last sold the firearm and will identify the last buyer of the firearm. To have your name removed from this process, you may consider placing your firearm on consignment with a licensed dealer. This will also ensure that the firearm is transferred only to a lawfully eligible individual.
User avatar
tpb
Sighting In
Sighting In
Posts: 11
Joined: Mon, 30 Nov 2009 16:47:44

Re: need advise

Post by tpb »

i knew an 18 year old cannot purchase a handgun from a dealer but i heard it is legal for a persons 18 years or old to purchase one from a private party. and it say under the age of 18 as you quoted does that mean 18 and under or just under 18?
OakRidgeStars
VGOF Gold Supporter
VGOF Gold Supporter
Posts: 14108
Joined: Sun, 22 Mar 2009 10:13:20

Re: need advise

Post by OakRidgeStars »

The law I cited is for persons under the age of eighteen.

I'm still searching for the law to cite about FTF transactions for persons under 21. Maybe someone else can find it and post a link.
Paliden
Sharp Shooter
Sharp Shooter
Posts: 579
Joined: Sun, 22 Mar 2009 08:33:18
Location: Dinwiddie

Re: need advise

Post by Paliden »

tpb wrote:I am new to this forum and here to try to get some advise.I am 18 years old and a friend of mine wants to give me his handgun (.380) for compensation for some money he owes me. He is 21 and purchased it from a local collector. i am unsure if this exchange will be completely legal and do not understand the wording of the information on the virginia state police website. any help and legal advise would be appreciated because i do not want to break any laws.
The best advice I know of is to click on the link to the left of this page Va Citizen's Defense League and contact a board member. You should consider joining also. They will have the best advice around!!!
Squirrel’s Nest
Restorations & Design
SAVING GRANDMA’S SEWING MACHINE
Sutherland, VA
User avatar
tpb
Sighting In
Sighting In
Posts: 11
Joined: Mon, 30 Nov 2009 16:47:44

Re: need advise

Post by tpb »

OakRidgeStars wrote:The law I cited is for persons under the age of eighteen.

I'm still searching for the law to cite about FTF transactions for persons under 21. Maybe someone else can find it and post a link.
thanks for finding all this out. just trying to be smart about this situation
User avatar
allingeneral
Site Admin
Site Admin
Posts: 9678
Joined: Sun, 01 Mar 2009 17:38:25
Location: King George, Virginia
Contact:

Re: need advise

Post by allingeneral »

I can't find anything that restricts the private sale of a handgun to someone between the ages of 18 and 21.
Please consider a DONATION to VGOF to help cover our operating costs

Image
User avatar
tpb
Sighting In
Sighting In
Posts: 11
Joined: Mon, 30 Nov 2009 16:47:44

Re: need advise

Post by tpb »

allingeneral wrote:I can't find anything that restricts the private sale of a handgun to someone between the ages of 18 and 21.
i know i have been looking for 2 days now. i think we found a loop hole.
User avatar
allingeneral
Site Admin
Site Admin
Posts: 9678
Joined: Sun, 01 Mar 2009 17:38:25
Location: King George, Virginia
Contact:

Re: need advise

Post by allingeneral »

It's not a loop hole just because it's not illegal. There's nothing restricting someone 18 years of age from owning or possessing a handgun (unless he or she is a felon, has been involuntarily committed, etc). The only restriction is that which is placed upon FFL dealers preventing them from selling a handgun to someone under 21.
Please consider a DONATION to VGOF to help cover our operating costs

Image
User avatar
ProShooter
Sharp Shooter
Sharp Shooter
Posts: 2176
Joined: Thu, 05 Mar 2009 15:46:51
Location: Richmond, Va.
Contact:

Re: need advise

Post by ProShooter »

An 18 year old + can purchase a handgun from a private person and/or possess a handgun. Nothing illegal about it. Fairly common thing.
Image

http://www.ProactiveShooters.com

NRA Certified Instructor
Utah State Certified Instructor
NRA Membership Recruiter
NRA RTBAV Instructor
NRA Chief RSO


"Make your gun go to work, and carry every day!"
User avatar
newdovo
Sharp Shooter
Sharp Shooter
Posts: 504
Joined: Fri, 31 Jul 2009 10:25:00

Re: need advise

Post by newdovo »

Something to note also, one must be 21 to purchase handgun ammo in Virginia.

Parry
User avatar
ProShooter
Sharp Shooter
Sharp Shooter
Posts: 2176
Joined: Thu, 05 Mar 2009 15:46:51
Location: Richmond, Va.
Contact:

Re: need advise

Post by ProShooter »

newdovo wrote:Something to note also, one must be 21 to purchase handgun ammo in Virginia.

Parry
Carry a handgun that uses the same caliber as a rifle. :)
Image

http://www.ProactiveShooters.com

NRA Certified Instructor
Utah State Certified Instructor
NRA Membership Recruiter
NRA RTBAV Instructor
NRA Chief RSO


"Make your gun go to work, and carry every day!"
User avatar
Vahunter
Sharp Shooter
Sharp Shooter
Posts: 1508
Joined: Thu, 05 Mar 2009 17:07:05
Location: Charlotte County

Re: need advise

Post by Vahunter »

ProShooter wrote:
newdovo wrote:Something to note also, one must be 21 to purchase handgun ammo in Virginia.

Parry
Carry a handgun that uses the same caliber as a rifle. :)
Or buy your ammo at wal mart. :hysterical:
User avatar
johnlee
Pot Shot
Pot Shot
Posts: 1
Joined: Mon, 21 Dec 2009 12:03:47

Re: need advise

Post by johnlee »

A legal buyer aged 18 may purchase long guns from a licensed dealer but not handguns, this is strictly :fireright:.



________________________
orange county criminal attorney | SEO Services
OakRidgeStars
VGOF Gold Supporter
VGOF Gold Supporter
Posts: 14108
Joined: Sun, 22 Mar 2009 10:13:20

Re: need advise

Post by OakRidgeStars »

johnlee wrote:A legal buyer aged 18 may purchase long guns from a licensed dealer but not handguns, this is strictly :fireright:.
Not everyday we have a California lawyer join a Virginia gun forum. Stop by the New Members section and introduce yourself.

http://vagunforum.net/new-members/
User avatar
zephyp
VGOF Platinum Supporter
VGOF Platinum Supporter
Posts: 10207
Joined: Tue, 05 May 2009 08:40:55
Location: Springfield, VA

Re: need advise

Post by zephyp »

OakRidgeStars wrote:
johnlee wrote:A legal buyer aged 18 may purchase long guns from a licensed dealer but not handguns, this is strictly :fireright:.
Not everyday we have a California lawyer join a Virginia gun forum. Stop by the New Members section and introduce yourself.

http://vagunforum.net/new-members/
Wow. I just noticed that. So if johnlee is here and with that link then who's stephen k bloom (the guy listed on the page on johnlee's link)? And, who's the lawyer? johnlee or stephen k bloom or are they both one in the same? A mystery.... :witchhunt:
No more catchy slogans for me...I am simply fed up...4...four...4...2+2...

Image
Post Reply

Return to “Question and Answer”