Virginia Gun Owners Forum - VGOF

I'm a former VA resident, moved to CA for about a year, and I've decided to move back to pursue a different career path. I was in my local gun shop today looking at a pistol for concealed carry, and the salesman told me that I need to establish 30 days of residency from the date that I receive my VA DL to purchase a handgun. I don't know if it's just my imagination, but I think I remember something about presenting my VA driving record with my original VA DL issue date to the FFL, and that would allow me to purchase a handgun. Am I correct? Once I scrounge up the cash, I'm trying to buy a carry gun ASAP to have with me during my cross country drive. I'll probably wait the 30 days if I have to, but I'd like to make the trip before the heat starts picking up.

What you need to puchase a firearm is the photo I.D. and 2 documents establishing residency. A driver's license can be the I.D. and one of the documents. Other commonly used documents are utiity bills, voter registration cards, auto insurance cards, checks with the address imprinted and vehicle registrations.

I'm already aware of the documents needed to purchase a handgun in VA. My question is about reestablishing residency since I am originally from here. I think I remember a salesman from another gun shop telling me that a copy of my original driving record that shows the initial date I received a VA DL would allow me to bypass the need for a 30 day wait.

Here is a link to COV 18.2-308.2

http://leg1.state.va.us/cgi-bin/legp504 ... .2-308.2C2

Section B.1 tells you exactly what is required as identification. If you feel that the dealer is mistaken, print this out and take it with you.

When the photo-identification presented to a dealer by the prospective purchaser is a driver's license or other photo-identification issued by the Department of Motor Vehicles, and such identification form contains a date of issue, the dealer shall not, except for a renewed driver's license or other photo-identification issued by the Department of Motor Vehicles, sell or otherwise transfer a firearm to the prospective purchaser until 30 days after the date of issue of an original or duplicate driver's license unless the prospective purchaser also presents a copy of his Virginia Department of Motor Vehicles driver's record showing that the original date of issue of the driver's license was more than 30 days prior to the attempted purchase.

From OakRidgeStars' link

So yes, you can present a driver's record, but I am not sure this applies to leaving the state and returning. My DL has the renewel date on it, would I have to get a copy of my DR to buy a gun within 30 days of my renewal? or does the fact it is a renewal negate that?

I doubt that qualifies as a renewal. Most dealers practice CYA religiously and won't transfer if it's within thirty days regardless.

The rules says 30 day wait for new licenses and no wait for renewals. The dealer will most likely go by what your license says...what you should do is see if you can get VA DMV to issue your new VA license as a renewal (unless you already got the VA and it says new)...not sure if they will do that or not...

Coast2Coast wrote:I'm a former VA resident, moved to CA for about a year, and I've decided to move back to pursue a different career path. I was in my local gun shop today looking at a pistol for concealed carry, and the salesman told me that I need to establish 30 days of residency from the date that I receive my VA DL to purchase a handgun. I don't know if it's just my imagination, but I think I remember something about presenting my VA driving record with my original VA DL issue date to the FFL, and that would allow me to purchase a handgun. Am I correct? Once I scrounge up the cash, I'm trying to buy a carry gun ASAP to have with me during my cross country drive. I'll probably wait the 30 days if I have to, but I'd like to make the trip before the heat starts picking up.

If I read your post correctly, you still have a california DL?(former VA resident, moved to CA for about a year, and I've decided to move back;assuming you traded your Va DL, for a Ca Dl ),

(Once I scrounge up the cash, I'm trying to buy a carry gun ASAP to have with me during my cross country drive.) This makes me think that 1; you have a Ca Dl, and 2; you want to buy a hangun here {using your driver record from when you lived here}?, take it back to california and then drive back here? Is this correct?



If so , I wouldn't sell you a hangun either, not from a store front as an FFL....... you can buy one from a flea market though, there is a big one sundays in gloucester, va lots of guns.....

Of course thats only if I follow your post, I could be wrong, it has happened once before...

zephyp wrote:...see if you can get VA DMV to issue your new VA license as a renewal

I'm probably going in to the DMV on Monday to get my DL, so I'll definitely have try this.

GS78 wrote: If so , I wouldn't sell you a hangun either, not from a store front as an FFL....... you can buy one from a flea market though, there is a big one sundays in gloucester, va lots of guns.....

Does the 30 day wait apply to private party sales, too? I tried looking it up, but couldn't find anything. I'll definitely have to check out that flea market, though. Thanks for the tip!

§ 18.2-308.2:2. Criminal history record information check required for the transfer of certain firearms.

...
2. The provisions of this subsection shall not apply to:
....
i. A person who purchases a handgun in a private sale. For purposes of this subdivision, a private sale means purchase from a person who makes occasional sales, exchanges or purchases of firearms for the enhancement of a personal collection of curios or relics as herein defined, or who sells all or part of such collection of curios and relics; or

This particular law does not apply to private sales.

Coast2Coast wrote:

zephyp wrote:...see if you can get VA DMV to issue your new VA license as a renewal

I'm probably going in to the DMV on Monday to get my DL, so I'll definitely have try this.

GS78 wrote: If so , I wouldn't sell you a hangun either, not from a store front as an FFL....... you can buy one from a flea market though, there is a big one sundays in gloucester, va lots of guns.....

Does the 30 day wait apply to private party sales, too? I tried looking it up, but couldn't find anything. I'll definitely have to check out that flea market, though. Thanks for the tip!

I can't and won't try to advise you about the legalities.....but I will say I know for a fact that most who sell guns at this flea market , won't try to advise you about the legalities either........