Multiple handgun purchase w/ Non-Resident Permit

[YuDanJa]

I am a VA resident with a Non-Resident Concealed Carry Permit (I lived in MD at the time I got the permit). The permit is still valid for another two years. I have notified the Commonwealth when I moved here, and was issued a change of address card to accompany the permit. Unfortunately, it cannot be "converted" to a VA resident carry permit. I'd have to apply from scratch.
Anyway, I read in the VA State Police website that if you are "in possession of a valid Virginia permit to carry a concealed handgun", you are aloud to purchase more than one handgun without waiting 30 days. That would mean I am eligible, correct?

[jaywade]

I don't think so, but it's something that may not be caught....but untill you get a resident permit I think you still fall under the 1 handgun every 30 days

[allingeneral]

Since federal law precludes one from buying a handgun across state lines, I think that the "spirit" of a VA non-resident permit would not allow the purchase of a handgun, let alone supercede the one-a-month requirement.

OTOH, the law says "Valid VA permit" and since the non-resident permit matches that description, then perhaps the letter of the law is on your side.

IANAL - and I have no idea what I'm talking about.

If I were in your shoes, I would go ahead and file for a resident permit and be done with it.

[OakRidgeStars]

If I were in your shoes, I would go ahead and file for a resident permit and be done with it.

Exactly. If you qualified as a non-resident, you should have no problem getting a resident permit. It just takes a little time.

[allingeneral]

If I were in your shoes, I would go ahead and file for a resident permit and be done with it.

Exactly. If you qualified as a non-resident, you should have no problem getting a resident permit. It just takes a little time.

A little time and 50 bucks.

[Chasbo00]

I think you're OK. I don't see anything in the statute that specifies that the VA CHP must be a resident one or that a non-resident CHP does not count with respect to multiple handgun purchases in a month. Then again, I'm not a lawyer and proud of it!

[Chasbo00]

Deleted -- double post.

[mrjam2jab]

Is your drivers license of the VA variety? That and the permit with change of address card should work. It's a valid permit no matter how you look at it.

[YuDanJa]

Thanks for all your replies. I just had a flashback of something I saw on the news like 4 years ago. Someone in VA created a counterfeit CHP and tried to purchase like a half dozen handguns, but got caught when the dealer ran the permit number through the computer. The dealer told the customer the background check was taking some time, so the customer waited patiently...until the police walked into the store and arrested him. So, I guess I'll just have to try and see one day by asking a dealer. I have a feeling it will work; just hope the dealer don't call the cops on me! lol

Speaking of resident permits, I am planning on applying next year. I've been living at this address less than 5 yrs, so I have to provide prior addresses. But one of the addresses would be an Armed Forces Pacific address, which I fear may drag or complicate the application process. By next year, it'd be this address an my prior one (easy to verify); hoping the process will go smoother without problems.

[jrswanson1]

Speaking of resident permits, I am planning on applying next year. I've been living at this address less than 5 yrs, so I have to provide prior addresses. But one of the addresses would be an Armed Forces Pacific address, which I fear may drag or complicate the application process. By next year, it'd be this address an my prior one (easy to verify); hoping the process will go smoother without problems.

I didn't have to provide prior addresses when I put my permit application in. Where are you seeing this? Or better yet, which county are you in?

Jim

[Sotiris]

In Spotsy county they asked me for a 5 year address history. That's probably what YuDanJa is referring to.

[allingeneral]

In Spotsy county they asked me for a 5 year address history. That's probably what YuDanJa is referring to.

Form SP-248 (APPLICATION FOR CONCEALED HANDGUN PERMIT), Item #3 specifically states, as follows:

3. RESIDENTIAL ADDRESS (ATTACH A SEPARATE LISTING OF ALL ADDRESSES WITHIN THE LAST 5 YEAR PERIOD)

That said - I don't see how an APO or FPO address being listed in your address history would have any bearing on your application taking any longer or being denied.

[user]

Negative. The exception provides for multiple handgun purchases within a thirty-day period for holders of permits issued by Virginia. Nonresident permits won't do.
Va. Code section 18.2-308.2:2(P(2(h)))

[YuDanJa]

I didn't have to provide prior addresses when I put my permit application in. Where are you seeing this? Or better yet, which county are you in?

Jim

Fairfax...page 4 of the application process says "If you have lived in your current home less than five (5) years, you must provide a separate listing of all addresses where you have lived within the last five years".

[Chasbo00]

Negative. The exception provides for multiple handgun purchases within a thirty-day period for holders of permits issued by Virginia. Nonresident permits won't do.
Va. Code section 18.2-308.2:2(P(2(h)))

@user, Virgina issues non-resident permits. Are you saying a VA non-resident won't do? And if you are, what language in the statute supports this?

[YuDanJa]

Negative. The exception provides for multiple handgun purchases within a thirty-day period for holders of permits issued by Virginia. Nonresident permits won't do.
Va. Code section 18.2-308.2:2(P(2(h)))

But, technically, my permit was issued by the Commonwealth of Virginia.
I'm leaning toward the answer of "no" as well. I'm sure if I asked the Dept of State Police, they'll say no. But, this is one of those things that make you go "Hmmm".

[YuDanJa]

That said - I don't see how an APO or FPO address being listed in your address history would have any bearing on your application taking any longer or being denied.

Based on my past experiences, whenever I was being checked up on (ex. background investigations or applications) I'd somehow always end up having to provide additional proof to accompany the APO address by, for example, getting a tax transcript from the IRS showing I filed under that address.

[allingeneral]

Negative. The exception provides for multiple handgun purchases within a thirty-day period for holders of permits issued by Virginia. Nonresident permits won't do.
Va. Code section 18.2-308.2:2(P(2(h)))

@user, Virgina issues non-resident permits. Are you saying a VA non-resident won't do? And if you are, what language in the statute supports this?

Here's what the code says, as referenced by 'user' above:

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. blah blah blah
2. The provisions of this subsection shall not apply to:
[a. through g. blah blah blah]
h. A person who holds a valid Virginia permit to carry a concealed handgun;
3. blah blah blah

So, since Resident and Non-Resident permits would both fall under the term "valid Virginia permit to carry a concealed handgun", than I have to say that it would be allowed - though I still won't personally condone it and would like to see the OP file for a resident permit

[jrswanson1]

I didn't have to provide prior addresses when I put my permit application in. Where are you seeing this? Or better yet, which county are you in?

Jim

Fairfax...page 4 of the application process says "If you have lived in your current home less than five (5) years, you must provide a separate listing of all addresses where you have lived within the last five years".

I'm in Prince William County, I only had to fill out this form: http://www.vsp.state.va.us/downloads/SP ... 1-2010.pdf , mailed it in, and got my permit in about four weeks. Are you using a different form?

Jim

[user]

Negative. The exception provides for multiple handgun purchases within a thirty-day period for holders of permits issued by Virginia. Nonresident permits won't do.
Va. Code section 18.2-308.2:2(P(2(h)))

@user, Virgina issues non-resident permits. Are you saying a VA non-resident won't do? And if you are, what language in the statute supports this?

I should have stated that more clearly. A permit issued by a state other than Virginia will not satisfy the criterion for the exception. What I meant was that a nonresident permit issued by another state doesn't meet the requirement. And, in this case, a Maryland permit will not suffice. I don't believe that Maryland and Virginia have reciprocal recognition of handgun permits, anyway, so I don't believe that a Maryland permit is "legal" in Virginia. But a Utah nonresident permit held by a Virginia resident, for example, will not satisfy the requirement.

Having re-read the OP's question, I see that I must have been too tired to be answering legal questions at the time. I believe that his Virginia-issued nonresident permit will satisfy the requirements. The statute does not distinguish between types of Virginia-issued permits. An FFL might balk at it, though, just because it's not usual (and they've got to fill out extra forms).

I apologize for the confusion.