imported post
longwatch wrote:
Here is the relevant Virginia code:
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308.2C2
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.
The best people to call on this is the Virginia Firearms Transaction Center helpline.
(804) 674-2292
Longwatch is correct. The statute clealry states except for a renewed license.
Black's law dictionary states:
Issue: , n., The act of issuing, sending forth, emmitting or promulgating; the giving a things its
first inception;
This is not your first license right as you moved within the state? Then it's not a first inception it's a renewal. The entire wording regarding DMV photo ID's was added in 1994
http://leg1.state.va.us/cgi-bin/legp504.exe?941+ful+CHAP0624
Under accepted rules of Statutory construction: "‘[T]he primary objective of statutory construction is to ascertain and give effect to legislative intent.'" Crews v. Commonwealth, 3 Va. App. 531, 535-36, 352 S.E.2d 1, 3 (1987) (quoting Turner v. Commonwealth, 226 Va. 456, 459, 309 S.E.2d 337, 338 (1983)). In interpreting statutes, "courts should give the fullest possible effect to the legislative intent embodied in the entire statutory enactment." Virginia Real Estate Bd. v. Clay, 9 Va. App. 152, 157, 384 S.E.2d 622, 625 (1989). [w]hile in the construction of statutes the constant endeavor of the courts is to ascertain and give effect to the intention of the legislature, that intention must be gathered from the words used, unless a literal construction would involve a manifest absurdity.’ "The Court has stated the related principle that "the plain, obvious, and rational meaning of a statute is always to be preferred to any curious, narrow, or strained construction." Statutes should not be interpreted in ways that produce absurd or irrational consequences."
It's a renewal , not an
issue and there is no justification that the legislature meant anything other than this requirement be applied to a first time
issue.
It is clear that they did not write this wording to penalize people who comply with the law and renew their license. That would be an absured reading of the text.
