Purchase limit question

[macfly]

Hello all, new to the forum and to handgun ownership but had a question about limitations on purchasing. I had seen some news that VA house had gotten rid of the 30 day purchase limit between handgun purchases but cant find this in other law.
What is the deal? Do you have to wait 30 days between purchases and how is that determined? by the day your credit card is charged or the gun is received at an FFL dealer (if it needed to be transferred from a different state)?
thanks for the help.

[GS78]

if you have a concealed weapon permit there is no limit. Im not sure if you are not a permit holder, there may be a 30 day period which I would assume would start from the time you take possession....I am a little hesitant to assume any thing because it usually makes and ass-out of u-and me.....(ass u me) If I am wrong about the wait someone will along shortly with the exact law and a scathing rebuttal of my misinformation......







........?

[macfly]

I am not a permit holder yet so not sure what my situation is....

[gunderwood]

The house did pass a bill to remove the one handgun a month rule (30 days) as crime stats have shown it doesn't work, but the Senate and the death star committee killed it. As of now, unless you have a CC permit you can not buy more than one handgun a month. There is no limit on rifles/shotguns or one handgun and as many rifles/shotguns.

There is no waiting period in VA. Waiting periods are where every handgun you buy, you must wait X number of days before you can take it home. In VA, if you pass the background check you take it home right then. You just can't buy another until at least 30 days later. I can't remember if on the 30th day you become eligible or you have to wait past the 30 days (i.e. 31st day). Either way, get a permit and forget about it.

Also, the VA State Police made a comment that if you purchase more than 12 guns of any kind in a 12 month period you go on a special watch list. No idea if it is true or if it is still in effect or what/how they watch you.

[allingeneral]

Non permit holders are limited to one handgun per month by Virginia Code 18.2-308.2:2 [Click for full code text]

P. Except as provided in subdivisions 1, 2, and 3 of this subsection, it shall be unlawful for any person who is not a licensed firearms dealer to purchase more than one handgun within any 30-day period. A violation of this subsection shall be punishable as a Class 1 misdemeanor.

1. Purchases in excess of one handgun within a 30-day period may be made upon completion of an enhanced background check, as described herein, by special application to the Department of State Police listing the number and type of handguns to be purchased and transferred for lawful business or personal use, in a collector series, for collections, as a bulk purchase from estate sales and for similar purposes. Such applications shall be signed under oath by the applicant on forms provided by the Department of State Police, shall state the purpose for the purchase above the limit, and shall require satisfactory proof of residency and identity. Such application shall be in addition to the firearms sales report required by the Bureau of Alcohol, Tobacco and Firearms (ATF). The Superintendent of State Police shall promulgate regulations, pursuant to the Administrative Process Act (� 2.2-4000 et seq.), for the implementation of an application process for purchases of handguns above the limit.

Upon being satisfied that these requirements have been met, the Department of State Police shall forthwith issue to the applicant a nontransferable certificate, which shall be valid for seven days from the date of issue. The certificate shall be surrendered to the dealer by the prospective purchaser prior to the consummation of such sale and shall be kept on file at the dealer's place of business for inspection as provided in � 54.1-4201 for a period of not less than two years. Upon request of any local law-enforcement agency, and pursuant to its regulations, the Department of State Police may certify such local law-enforcement agency to serve as its agent to receive applications and, upon authorization by the Department of State Police, issue certificates forthwith pursuant to this subsection. Applications and certificates issued under this subsection shall be maintained as records as provided in subdivision B 3. The Department of State Police shall make available to local law-enforcement agencies all records concerning certificates issued pursuant to this subsection and all records provided for in subdivision B 3.

2. The provisions of this subsection shall not apply to:

a. A law-enforcement agency;

b. An agency duly authorized to perform law-enforcement duties;

c. State and local correctional facilities;

d. A private security company licensed to do business within the Commonwealth;

e. The purchase of antique firearms as herein defined;

f. A person whose handgun is stolen or irretrievably lost who deems it essential that such handgun be replaced immediately. Such person may purchase another handgun, even if the person has previously purchased a handgun within a 30-day period, provided (i) the person provides the firearms dealer with a copy of the official police report or a summary thereof, on forms provided by the Department of State Police, from the law-enforcement agency that took the report of the lost or stolen handgun; (ii) the official police report or summary thereof contains the name and address of the handgun owner, the description of the handgun, the location of the loss or theft, the date of the loss or theft, and the date the loss or theft was reported to the law-enforcement agency; and (iii) the date of the loss or theft as reflected on the official police report or summary thereof occurred within 30 days of the person's attempt to replace the handgun. The firearms dealer shall attach a copy of the official police report or summary thereof to the original copy of the Virginia firearms transaction report completed for the transaction and retain it for the period prescribed by the Department of State Police;

g. A person who trades in a handgun at the same time he makes a handgun purchase and as a part of the same transaction, provided that no more than one transaction of this nature is completed per day;

h. A person who holds a valid Virginia permit to carry a concealed handgun;

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

j. A law-enforcement officer. For purposes of this subdivision, a law-enforcement officer means any employee of a police department or sheriff's office that is part of or administered by the Commonwealth or any political subdivision thereof, and who is responsible for the prevention and detection of crime and the enforcement of the penal, traffic or highway laws of the Commonwealth.

3. For the purposes of this subsection, "purchase" shall not include the 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 30-day period immediately preceding the date of exchange or replacement.

[macfly]

Thanks all for the speedy replies. so i guess this means that i will need to put a downpayment on a second purchase (wanted to get a piece that is very difficult to find and dont want it to get away!) and wait for 30 days to outright purchase it. The 30 days isnt a problem as I dont need it right away...just wanted to lock it in so it doesnt leave with someone else. This should be legal right? just putting a hold on it and not actually paying for it/delivering it

[gunderwood]

Thanks all for the speedy replies. so i guess this means that i will need to put a downpayment on a second purchase (wanted to get a piece that is very difficult to find and dont want it to get away!) and wait for 30 days to outright purchase it. The 30 days isnt a problem as I dont need it right away...just wanted to lock it in so it doesnt leave with someone else. This should be legal right? just putting a hold on it and not actually paying for it/delivering it

IANAL, but it should be. The law only permits one handgun per month to be transferred to you. The down payment isn't for transfer, but rather to hold an item until full payment/transfer can legally occur. As long as you are not taking possession of the firearm, I don't see the problem, but that is just my two cents...not legal advice.

While it won't help you this time, get a CC permit and forget about it. I know several people who never intend to carry, but have them for this reason. Besides, if something does come up and you want to carry, you will be set.

[macfly]

definitely seems like a good idea. will have to start reading up on getting the ccl.
thanks again.

[Unkn0wN]

definitely seems like a good idea. will have to start reading up on getting the ccl.
thanks again.

Here is info for the Concealed Handgun Permit

http://www.vsp.state.va.us/Firearms.shtm

[allingeneral]

definitely seems like a good idea. will have to start reading up on getting the ccl.
thanks again.

See here for an online training class that covers the requirement for your CHP. Take the class, print the certificate, fill out the CHP application form and take it to your local county Clerk's office along with $50.00

Online class: http://www.concealed-carry.net/sanpob01

CHP Form: http://www.vsp.state.va.us/downloads/SP ... 1-2010.pdf

[macfly]

Wow! you guys are good!

[Diomed]

Thanks all for the speedy replies. so i guess this means that i will need to put a downpayment on a second purchase (wanted to get a piece that is very difficult to find and dont want it to get away!) and wait for 30 days to outright purchase it. The 30 days isnt a problem as I dont need it right away...just wanted to lock it in so it doesnt leave with someone else. This should be legal right? just putting a hold on it and not actually paying for it/delivering it

You can get around it by getting a Multiple Handgun Purchase Certificate. You'll have to go to a State Police station or authorized local LE office and fill out the form (SP-207).

But if you're not in that much of a hurry, putting it on layaway should be fine.

Also, the VA State Police made a comment that if you purchase more than 12 guns of any kind in a 12 month period you go on a special watch list. No idea if it is true or if it is still in effect or what/how they watch you.

When did that come out? I've never heard it before.

[gunderwood]

Also, the VA State Police made a comment that if you purchase more than 12 guns of any kind in a 12 month period you go on a special watch list. No idea if it is true or if it is still in effect or what/how they watch you.

When did that come out? I've never heard it before.[/quote]
I'd have to go look at it. It was some offhand remark about putting extra attention towards anyone who buys a bunch of guns. IIRC, it wasn't exactly clear what that meant.

[macfly]

so then the consensus here is 30 days from pick up of first gun no matter when the actual purchase date is? guess that would be the most logical way to tell. go by the FFL transfer pick up receipt.

[Diomed]

so then the consensus here is 30 days from pick up of first gun no matter when the actual purchase date is? guess that would be the most logical way to tell. go by the FFL transfer pick up receipt.

The way the state knows whether you've acquired a handgun in the last thirty days is through doing the background check. It really comes down to that.

I used to have my dealer stagger transfers by eight days, but that was to avoid the federal reporting rules, which are different from Virginia's.

[CowboyT]

The house did pass a bill to remove the one handgun a month rule (30 days) as crime stats have shown it doesn't work, but the Senate and the death star committee killed it. As of now, unless you have a CC permit you can not buy more than one handgun a month. There is no limit on rifles/shotguns or one handgun and as many rifles/shotguns.

And that's why we need to get Saslaw out as VA Senate Majority Leader. That guy is un-American.

Also, the VA State Police made a comment that if you purchase more than 12 guns of any kind in a 12 month period you go on a special watch list. No idea if it is true or if it is still in effect or what/how they watch you.

And this is one big reason why the private FTF sale is so important to maintain. Big Brother has no business tracking what we law-abiding citizens do legally. We're law-abiders! And last I checked, firearm ownership and enjoyment is a LEGAL activity.

[GS78]

so then the consensus here is 30 days from pick up of first gun no matter when the actual purchase date is? guess that would be the most logical way to tell. go by the FFL transfer pick up receipt.

No, I think the "concensus" (I hate that word) is that your gun purchasing life will go much more smoothly if you immediately begin the process of obtaining your Concealed permit , which will [depending on where you live] take from 2 to 5 weeks.

[macfly]

Right, i got that. but the question pertained to those who either dont have or dont choose to get the concealed permit. i dont like government deciding when and what i can buy but given the current state of affairs i was interested in the board's consensus on the way they are able to actually determine what constitutes buying more than one in 30 days. using the background check and a delivery receipt would make the most sense.

[GS78]

Right, i got that. but the question pertained to those who either dont have or dont choose to get the concealed permit. i dont like government deciding when and what i can buy but given the current state of affairs i was interested in the board's consensus on the way they are able to actually determine what constitutes buying more than one in 30 days. using the background check and a delivery receipt would make the most sense.

gotcha*....

if you don't like the government deciding or restricting you , I suggest you take a stroll through area flea markets, garage sales and community newspapers.....there are some good deals on guns and the fools in da goobermint are none the wiser....

I, almost exclusively buy from private owners.

[gunderwood]

Right, i got that. but the question pertained to those who either dont have or dont choose to get the concealed permit. i dont like government deciding when and what i can buy but given the current state of affairs i was interested in the board's consensus on the way they are able to actually determine what constitutes buying more than one in 30 days. using the background check and a delivery receipt would make the most sense.

30 days from the background check is approved.