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question about selling a firearm

Posted: Mon, 31 May 2010 20:25:41
by GS78
I have a question.

I intend to sell one of my firearms. It has the capability to use 30 round magazines. It is a handgun.



....what are my obligations, by established law, as the seller in Virginia?

Re: question about selling a firearm

Posted: Mon, 31 May 2010 20:31:09
by zephyp
I know such a weapon is forbidden to be carried in certain cities unless you have a CHP. I am not aware of any other restrictions but neither am I a lawyer...heres the code cite...

http://leg1.state.va.us/cgi-bin/legp504 ... 18.2-287.4

ยง 18.2-287.4. Carrying loaded firearms in public areas prohibited; penalty.

It shall be unlawful for any person to carry a loaded (a) semi-automatic center-fire rifle or pistol that 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 that will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock or (b) shotgun with a magazine that will hold more than seven rounds of the longest ammunition for which it is chambered on or about his person on any public street, road, alley, sidewalk, public right-of-way, or in any public park or any other place of whatever nature that is open to the public in the Cities of Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond, or Virginia Beach or in the Counties of Arlington, Fairfax, Henrico, Loudoun, or Prince William.

The provisions of this section shall not apply to law-enforcement officers, licensed security guards, military personnel in the performance of their lawful duties, or any person having a valid concealed handgun permit or to any person actually engaged in lawful hunting or lawful recreational shooting activities at an established shooting range or shooting contest. Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor.

Re: question about selling a firearm

Posted: Mon, 31 May 2010 22:28:47
by allingeneral
You have no obligation except to verify that the buyer is a resident of Virginia (VA Drivers License or state ID card) and that the buyer is not a convicted felon r otherwise not allowed under law to purchase or own a firearm. Ask those two questions and you're good to go - even if the guy lies to you about the felon part. The law says that you cannot sell it to someone who you *know* is a convicted felon.

Here's a Bill of Sale that you can use (but are by no means required under any law to do so) to cover your six if you feel the need.

http://vagunforum.net/download/file.php?id=538