Virginia Gun Owners Forum - VGOF

Can I buy a rifle if I have only had a Va license for 15days

I just changed from a florida resident to a Va resident, and want to buy a ps90 on sale

dont think you need a license to buy in VA

I'm not sure if it's the law, but every dealer around here says your driver license must be 30 days old.
You should ask if you can pay up front and they can hold it for 15 days.

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Put the rifle on layaway and pay it off in 15 days. No background check paperwork will be required until the gun is purchased.

rromeo wrote:I'm not sure if it's the law, but every dealer around here says your driver license must be 30 days old.
You should ask if you can pay up front and they can hold it for 15 days.

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It is...at least 30 days if it is a newly issued VA license. No time for re-issues.

I'd like to see the statute citation on the 30 days. To the best of my knowledge, there is no legal minimum either to purchase firearms or apply for a CPP in VA. You simply have to prove residence with a driver's license, utility bill, or something similar and show a gov't issued photo ID. Granted that you probably won't have a utility bill if you haven't been at your residence 30 days. The driver's license takes care of both requirements and is usually issued on the spot.

I'm certainly open to correction if someone can produce a statute stating otherwise.

TBob, I would not call this a real legal cite; but, it's the only one I can find. From the VA State Police:

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

"Primary Identification

The primary form of ID shall consist of a valid photo-ID form issued by a governmental agency of the Commonwealth or of the prospective purchaser or transferee’s home state that denotes the individual’s name, race, sex, address, and date of birth. Where the primary form is a photo-ID issued by the Virginia Department of Motor Vehicles (DMV), the dealer shall not transfer a firearm to the prospective purchaser until 30-days after the date of issue of an original or duplicate driver's license unless a copy of his/her DMV driver's record is presented showing that the original date of issue was more than 30-days prior to the attempted purchase."

Chasbo00 wrote:TBob, I would not call this a real legal cite; but, it's the only one I can find. From the VA State Police:

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

"Primary Identification

The primary form of ID shall consist of a valid photo-ID form issued by a governmental agency of the Commonwealth or of the prospective purchaser or transferee’s home state that denotes the individual’s name, race, sex, address, and date of birth. Where the primary form is a photo-ID issued by the Virginia Department of Motor Vehicles (DMV), the dealer shall not transfer a firearm to the prospective purchaser until 30-days after the date of issue of an original or duplicate driver's license unless a copy of his/her DMV driver's record is presented showing that the original date of issue was more than 30-days prior to the attempted purchase."

So did the SP overstep their bounds and require 30 days of their own accord or is there some obscure ID 30 day requirement or is it just a rule of thumb as they may not have updated all of the records for a computerized check? It may not be limited to firearms if it does exist. I've never seen the statue though.

I can't find anything here http://codes.lp.findlaw.com/uscode/18/I/44/922 or in 1028 which requires the ID to be valid for 30 days. However, I only did a quick search.

That's interesting. I don't think DMV is supposed to issue a Va DL to anyone who has not established residency in the Commonwealth. Residency is determined by a concept called domicile, which is defined as "a person's fixed, permanent, and principal home for legal purposes". I seem to remember that "domicile" is constituted by "physical presence plus intent to remain". By that logic, if you walk into a DMV office for the first time in your life after having bought a home before coming to the state and you intend to stay here, you are domiciled in Virginia and ought to be issued a license with no waiting period. So I might argue that a waiting period should not be attached to residency, which must exist before a VA driver's license is issued; much less attaching an additional waiting period after the issue of the license. Intereting question. Lord knows the State Police are capable of taking an extralegal position. I've seen them do it before.

OK, found it...

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

See 1st Paragraph of B. 1. at end:

"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."

Good find.

AFAIK there is no "waiting period" to get a CHP. If you are going to live here I believe you can apply for one as soon as your feet hit the ground.

I am sorry, you need to wait 30 days from the initial issuance of a VA Drivers license.

I am a dealer, and am quite certain I can meet or beat your sale, so if the store will not honor the sale after 30 days, Shoot me an email and I will see what I can do for you.

Seems like one of my wholesalers has one selling with an extra mag, and 3 off brand mags, sight rail, and tool. Dont remember the package price, but it was about $200 worth of extras, and a great price to boot..

Doug

Chasbo00 wrote:OK, found it...

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

See 1st Paragraph of B. 1. at end:

Nice find! I happily sit corrected.

Sure don't blame you for challenging its existence TBob, this provision does not make sense to me and it was not easy to find.