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Thread: Virginia OC laws - under 21

  1. #1
    Regular Member Poisoned's Avatar
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    Virginia OC laws - under 21

    Okay, humor me. I did search threads first and couldn't find an answer exactly. I'm also having some issues interpreting the VA laws and codes, obviously they're pointing out what I can't do, more than what I can.

    I'm 20, I do not own a handgun right now, and I'm unsure on the transferring legalities - can anyone sell me a handgun, or does it have to be a parent/relative? I keep hearing a lot of conflicting information (lord don't get me started on the man at the gun store! lol) from a lot of self-proclaimed experts and my head is about to explode.

    And aside from who can legally sell/transfer a handgun to me... What is the process of having it transferred to ME? Because I honestly don't want the gun legally owned by anyone else after they've purchased it from the shop for me.

    I mostly want to carry on my own property, I'm alone most of the time and after having things outdoors broken into, vandalized, and stolen, Tuesday I went to walk back inside my house to find two men taking everything that wasn't bolted down (I ducked and called police, waited outside and hoped that they weren't hurting any of the many animals I have in there, both were arrested).

    I don't know that I would really want to carry anywhere else, being a small female I'm sure if I OC'd around this neighborhood I'd be picked out immediately. But it wasn't a good feeling having to sit back and wait on police to come pull two strangers out of my house, wondering if they were sickos hurting my pets - as I had seen them opening their cages through the windows..

    Sorry, I'm sure this question has been asked before, I just couldn't find it - so I registered to ask.

  2. #2
    Campaign Veteran marshaul's Avatar
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    Any private party seller may sell you a handgun (assuming you aren't a convicted felon ), and you may OC the same as everybody else.

    No worries.

    I'm not going to provide cites because it's difficult to cite laws which don't exist, such as any in Virginia addressing the carry of handguns for 18-21 year olds. (I.e. there are none.)

    As for the process of buying private party, there really isn't one. Find someone who wants to sell you a gun. Check http://www.vaguntrader.com. Meet up, buy the gun. Cash & carry.

    No special procedure needed. You don't even need to keep records, although it might be a good idea, depending on your perspective.
    Last edited by marshaul; 09-26-2013 at 04:52 PM.

  3. #3
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    Welcome to the forum! You may buy a gun from a private party, but not a licensed dealer. You may open carry in VA, but you must be 21 to get a concealed carry permit.

  4. #4
    Regular Member TFred's Avatar
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    Quote Originally Posted by Poisoned View Post
    What is the process of having it transferred to ME? Because I honestly don't want the gun legally owned by anyone else after they've purchased it from the shop for me.
    You're sort of stuck here with this one, since there is no gun registration in Virginia. The last "paper trail" for any gun purchased from a licensed dealer is going to be to that person who purchased it. The Federal Government has graciously removed the option for you to leave a paper trail for your purchase, since a licensed dealer may not sell you a handgun.

    So, your private sale will have no "official" paper trail, only what you and/or the seller choose to keep on your own.

    There simply is no "transfer to YOU" process for this situation. ETA: But that is NOT the same as the original purchaser still legally owning the gun. They are just the end of the paper trail...

    TFred
    Last edited by TFred; 09-26-2013 at 05:26 PM.

  5. #5
    Campaign Veteran marshaul's Avatar
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    Rereading that last bit sounds like the OP is describing a straw purchase.

    Poisoned, note that it is a Federal FELONY for an individual to make a gun purchase from an FFL (i.e. shop) which is intended for another buyer (a so-called "straw purchase").

    You are not legally permitted to have somebody buy a gun for you. You'll have to find someone who wants to sell you a gun they already own.

    Sound like a pointless distinction? Welcome to gun laws (especially the Federal ones).

    Note that "genuine" gifts are OK, so you could get someone in your family to gift you a gun, and in that case they could go to an FFL to buy the gun.
    Last edited by marshaul; 09-26-2013 at 05:30 PM.

  6. #6
    Regular Member Thundar's Avatar
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    Quote Originally Posted by marshaul View Post
    Any private party seller may sell you a handgun (assuming you aren't a convicted felon ), and you may OC the same as everybody else.

    No worries.

    I'm not going to provide cites because it's difficult to cite laws which don't exist, such as any in Virginia addressing the carry of handguns for 18-21 year olds. (I.e. there are none.)

    As for the process of buying private party, there really isn't one. Find someone who wants to sell you a gun. Check http://www.vaguntrader.com. Meet up, buy the gun. Cash & carry.

    No special procedure needed. You don't even need to keep records, although it might be a good idea, depending on your perspective.
    Let me tweek this just a little bit.

    If both you and the seller are residents of Virginia, any private party seller may sell you a handgun that does not have a threaded barrell.
    Last edited by Thundar; 09-27-2013 at 01:09 PM.
    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitable–and let it come! I repeat it, Sir, let it come …………. PATRICK HENRY speech 1776

  7. #7
    Accomplished Advocate peter nap's Avatar
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    What everyone else said!

    Here is one place to look for a gun you want. Meet them and buy it. Perfectly legal and done all the time,

    http://vaguntrader.com/forums/

  8. #8
    Regular Member ProShooter's Avatar
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    Wouldnt be a bad idea to take a gun safety class, either....and you can use that to apply for your CHP if you so desire when you turn 21.

    I may know someone who teaches it....
    James Reynolds

    NRA Certified Firearms Instructor - Pistol, Shotgun, Home Firearms Safety, Refuse To Be A Victim
    Concealed Firearms Instructor for Virginia, Florida & Utah permits.
    NRA Certified Chief Range Safety Officer
    Sabre Red Pepper Spray Instructor
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    Instructor Bio - http://proactiveshooters.com/about-us/

  9. #9
    Accomplished Advocate user's Avatar
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    Anyone over eighteen who is not crazy, an illegal immigrant, a convicted felon, etc., can both own and possess a firearm in Virginia, and the process for purchasing any item of personal property in Virginia from a private seller is to give money in exchange for the item.

    I recommend the use of my bill of sale form that's posted somewhere around here, or which I'll send you if you pm an email address to me.

    ProShooter's absolutely right, training is essential, and bad training is dangerous. I recommend you pay ProShooter some money and get good training.
    Daniel L. Hawes - 540 347 2430 - HTTP://www.VirginiaLegalDefense.com

    By the way, nothing I say on this website as "user" should be taken as either advertising for attorney services or legal advice, merely personal opinion. Everyone having a question regarding the application of law to the facts of their situation should seek the advice of an attorney competent in the subject matter of the issues presented and licensed to practice in the relevant state.

  10. #10
    Regular Member ProShooter's Avatar
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    Quote Originally Posted by user View Post
    .

    ProShooter's absolutely right, training is essential, and bad training is dangerous. I recommend you pay ProShooter some money and get good training.
    Thank you, Dan!

    (In lieu of cash, I also accept guns, ammo, certain livestock, pony rides, etc )
    James Reynolds

    NRA Certified Firearms Instructor - Pistol, Shotgun, Home Firearms Safety, Refuse To Be A Victim
    Concealed Firearms Instructor for Virginia, Florida & Utah permits.
    NRA Certified Chief Range Safety Officer
    Sabre Red Pepper Spray Instructor
    Glock Certified Armorer
    Instructor Bio - http://proactiveshooters.com/about-us/

  11. #11
    Regular Member papa bear's Avatar
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    most of what these guys say is right on. though there is debt on the "straw purchase" business. some say you can't buy for another, others say you can't buy for someone whom can't legally own a gun.

    example would be if your parents was buying to give the gun to you.

    now know,you might get hassled because you might not look old enough. just know your rights and stick to them
    Luke 22:36 ; 36Then said he unto them, But now, he that hath a purse, let him take it, and likewise his scrip: and he that hath no sword, let him sell his garment, and buy one.

    "guns are like a Parachute, if you don't have one when you need it, you will not need one again"
    - unknown

    i you call a CHP a CCW then you are really stupid. period.

  12. #12
    Regular Member bbMurphy's Avatar
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    Another point to consider

    Although Virginia doesn't have a law restricting the purchase of ammunition, there is a federal law which states that you must be at least 21 to purchase ammunition for a handgun and 18 for a rifle or shotgun. Many stores restrict the purchase of all ammunition for those under 21.

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