• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Getting a VA ID card

ODA 226

Regular Member
Joined
Feb 26, 2008
Messages
1,603
Location
Etzenricht, Germany
imported post

Bill in VA wrote:
mkl, that still does not say anywhere in it that a non-US citizen cannot purchase an assualt weapon. Moreover, if we're going to parse words on whether or not I said what type of ID a non-US citizen must show to purchase an assault weapon I'll state for the record that I did not, nor did I say that a non-US citizen could usea vehicle registration to purchase an assault weapon. I'll admit though that going back to re-read myfollow-up statement posted Wed Oct 15th, 2008 01:55 pm a part of that one post mightappear to read that I state a vehicle registration is acceptable ID for a non-US citizen purchasing an assault weapon, it was not my intent to sound like I was. Up to that point when I crossed two separate thoughts in my haste to respond (non-citizens buying assault weapons and acceptable forms of ID for purchasing a firearm) I';ll stand by what I wrote as correct. ;)

ODA226 said, "Most gun dealers will require TWO forms of valid Virginia ID or a valid Virginia car registration in order to buy a gun" I said that this is incorrect; it's not a dealer requirement, it's the law...a legal requirement.

ODA226 said, "If you want to buy an "assault weapon" better bring your passport because you now need to prove that you're a US citizen also." I said this is incorrect too, because a non-US citizen may lawfully purchase a assault weapon, both under federal and VA state law.

ODA226 also said, "Two forms of Virginia ID WILL NOT SUFFICE!" in reference to buying an assault weapon. Again, as I said, this is not correct, Both VA and federal law allow the use of other-than-VA/state-issued ID. We've established these to be true.

ODA226 said an out of state resident could not purcahse a firearm when he wrote, "If you are NOT a legal resident of Virginia and try to purchase a gun at a licensed gun shop in Virginia, you have committed a federal AND a state crime punishable under state and federal law." He alsowrote that one could not claim VA residence unless one paid VA state income tax or "declared permamenent residencey in Virginia."I said this is incorrect and again, gave the citation.

67GT390FB wrote, "Bill, you're not 100% correct. Virginiacode has some stricter requirements than the fed code.I have cut and pasted the relevant page from the VSP website." I wrote that nothing I said above was contradicted by VA Code: you can buy a firearm from VA if you're not a VA resident (longguns anyways); you can have residency in multiple states simply by maintaining a residence there and residing in that residence; a legal resident alien non-US citizencan purchase a firearm (as well asan "assault weapon" type of firearm); a firearm and "assault weapon" can be purchased using something other than state/DMV-issued ID (and let's not forget that there's no photo on an FFL...certainly no one will dispute the legality of an FFL-holder acquiring using nothing but a signed copy of the FFL.)
With all due respect Bill, you are incorrect here. Please read all current statutes that were posted here becauseVirginia State Firearms Statutes are more stringent than Federal law. This is a sad state of affairs, but it is true.

Since, Icarus is an out-of-state resident, it is better to err on the side of caution to avoid any legal "misunderstandings".

If Icarus was in the Tidewater area, I could take him to ANY major gun store and I guarantee you that NONE of them would sell him a firearm with the ID that he currently has or with only a Virginia ID card.

No one will sell you an "assualt weapon" (Damn I hate that term!) without a valid passport, a teste copy of your birth certificate, or a current Virginia issued Voters Card. You'll need one of those PLUS 2 forms of Virginia ID.

I was not able to purchase a cherrySOCOM 16recently because the only form of ID I had was my Va. DL, Va. Car Registration (**Both MUST have the same address!**) DoD Contractor CaC Card, Virginia CHP, New Hampshire CHPand aDoD TS-SCI Badge!

The dealer told me that in addition to all this, I needed to have a valid passport, certified birth certificate or voter registration card. I thought his was BS and called my friend that works at A&P ArmsLynnhaven and he told me that he couldn't sell a SOCOM 16 to me unless I had a valid passport etc.

We could argue all day about this issue, but I think we both will agree that this system is fundamentally wrong and creates a burden to the gun enthusiast.

Cheers!
 

ODA 226

Regular Member
Joined
Feb 26, 2008
Messages
1,603
Location
Etzenricht, Germany
imported post

The federal government has repeatedly stated that a person can have dual state residency, and that a person is a resident of a state while that person is actually residing in the state. I.e., Mr Smith owns a home in Michigan and another in Florida. When he's actually living in his Florida home he is in fact a resident of Florida, and vice-versa for Michigan and his time there. Such residency is acceptable for a a firearms' purchase. 27CFR 478.11 says exactly this. Additionally, a resident of one stae may lawfully purchase a long gun from either an FFL or a resident of another state provided that such sale is lawful in both states. Handguns, however,must go to an FFL within the buyer's home state and then be transferred from the FFL to the buyer/end user. (By the wayto suggest an out-of-state resident use a local trader's paper to circumvent federal and state law counts as conspiracy. See 18USC CH19.)

HTH

Bill,

I understand what you are saying about long guns and you are absolutely correct. I was refering to handguns as I assumed that is what Icarus wanted to buy because if it is legal to purchase in both states it is not an issue.

Icarus does not own real property inVirginia and therefore does not qualify as a Virginia resident.
 

67GT390FB

Regular Member
Joined
Mar 2, 2007
Messages
860
Location
Richmond, Virginia, USA
imported post

ODA 226 wrote:
The federal government has repeatedly stated that a person can have dual state residency, and that a person is a resident of a state while that person is actually residing in the state. I.e., Mr Smith owns a home in Michigan and another in Florida. When he's actually living in his Florida home he is in fact a resident of Florida, and vice-versa for Michigan and his time there. Such residency is acceptable for a a firearms' purchase. 27CFR 478.11 says exactly this. Additionally, a resident of one stae may lawfully purchase a long gun from either an FFL or a resident of another state provided that such sale is lawful in both states. Handguns, however,must go to an FFL within the buyer's home state and then be transferred from the FFL to the buyer/end user. (By the wayto suggest an out-of-state resident use a local trader's paper to circumvent federal and state law counts as conspiracy. See 18USC CH19.)

HTH

Bill,

I understand what you are saying about long guns and you are absolutely correct. I was refering to handguns as I assumed that is what Icarus wanted to buy because if it is legal to purchase in both states it is not an issue.

Icarus does not own real property inVirginia and therefore does not qualify as a Virginia resident.

oda,

i'll agree with you about the VA stds for the purchase of an "asault weapon" are more stringent than bill believes but i'll have to disagree with you about the residency issue.

the fact that he doesn't own real property here has no bearing anddoes not disqualify him from being a resident. there are plenty of folks that rent their housing and don't own a vehicle thus owning no real property that are not denied the right to purchase a firearm.

for example an 18 year old living at his/her parents home has a drivers license/voter card/selective service card/birth certificate/passport etc etc but owns no real property. do you believe that individual cannot buy a gun in VA?

As a college student he is entitled to establish residency here and register to vote here instead of doing an absentee ballot from his home state.
 

ODA 226

Regular Member
Joined
Feb 26, 2008
Messages
1,603
Location
Etzenricht, Germany
imported post

67GT390FB wrote:
ODA 226 wrote:
The federal government has repeatedly stated that a person can have dual state residency, and that a person is a resident of a state while that person is actually residing in the state. I.e., Mr Smith owns a home in Michigan and another in Florida. When he's actually living in his Florida home he is in fact a resident of Florida, and vice-versa for Michigan and his time there. Such residency is acceptable for a a firearms' purchase. 27CFR 478.11 says exactly this. Additionally, a resident of one stae may lawfully purchase a long gun from either an FFL or a resident of another state provided that such sale is lawful in both states. Handguns, however,must go to an FFL within the buyer's home state and then be transferred from the FFL to the buyer/end user. (By the wayto suggest an out-of-state resident use a local trader's paper to circumvent federal and state law counts as conspiracy. See 18USC CH19.)

HTH

Bill,

I understand what you are saying about long guns and you are absolutely correct. I was refering to handguns as I assumed that is what Icarus wanted to buy because if it is legal to purchase in both states it is not an issue.

Icarus does not own real property inVirginia and therefore does not qualify as a Virginia resident.

oda,

i'll agree with you about the VA stds for the purchase of an "asault weapon" are more stringent than bill believes but i'll have to disagree with you about the residency issue.

the fact that he doesn't own real property here has no bearing anddoes not disqualify him from being a resident. there are plenty of folks that rent their housing and don't own a vehicle thus owning no real property that are not denied the right to purchase a firearm.

for example an 18 year old living at his/her parents home has a drivers license/voter card/selective service card/birth certificate/passport etc etc but owns no real property. do you believe that individual cannot buy a gun in VA?

As a college student he is entitled to establish residency here and register to vote here instead of doing an absentee ballot from his home state.

GT,

If you are military with current orders assigning you to a base in Virginia OR if you own real estate in the Commonwealth, you can purchase a handgun. But I think we are getting a little off-track here.

Icarus stated that he wanted to get a Virginia ID card to purchase firearms. The facts here are two-fold:

1. You MUST be a legitimate Virginia resident to obtain a Virginia ID Card. There is no "wiggle" room here.

2. Icarus DOES NOT meet this standard UNLESS he does establish permenant residency in the Commonwealth. He has NOT done this and therefore is NOT in compliance with Virginia state law regarding the purchase of handguns or "Assault weapons".

So far, posted state codes support my argument.

If anyone here can supply the state code showing conclusively that I'm incorrect here, I'll gladly stand-down and stand in the corner for an hour. :cry:But as of now, no one has supplied that information.
 

Icarus

Regular Member
Joined
Sep 5, 2008
Messages
17
Location
Virginia, ,
imported post

ODA 226 wrote:
Bill,

I understand what you are saying about long guns and you are absolutely correct. I was refering to handguns as I assumed that is what Icarus wanted to buy because if it is legal to purchase in both states it is not an issue.

Icarus does not own real property in Virginia and therefore does not qualify as a Virginia resident.

Being able to buy handguns here is the goal. If you don't mind me asking, how does actually owning property have anything to do with residency? I have a lease on an apartment here, as do I imagine millions of long-time VA residents.

But don't you think I am covered by ATF ruling 80-21?
“during the time the students actually reside in a college dormitory or at an off-campus location they are considered residents of the State where the dormitory or off-campus home is located. During the time out-of-State college students actually reside in their home State they are considered residents of their home State.”
 

ODA 226

Regular Member
Joined
Feb 26, 2008
Messages
1,603
Location
Etzenricht, Germany
imported post

Icarus wrote:
ODA 226 wrote:
Bill,

I understand what you are saying about long guns and you are absolutely correct. I was refering to handguns as I assumed that is what Icarus wanted to buy because if it is legal to purchase in both states it is not an issue.

Icarus does not own real property inVirginia and therefore does not qualify as a Virginia resident.

Being able to buy handguns here is the goal. If you don't mind me asking, how does actually owning property have anything to do with residency? I have a lease on an apartment here, as do I imagine millions of long-time VA residents.

But don't you think I am covered by ATF ruling 80-21?
“during the time the students actually reside in a college dormitory or at an off-campus location they are considered residents of the State where the dormitory or off-campus home is located. During the time out-of-State college students actually reside in their home State they are considered residents of their home State.”

Icarus,

I have not seen this ruling previously and it may be of help but this ruling may not be written into law and even if it was, Virginia may not recognize it. I suggest that you ask your local gun dealerand call the VSP weapons branch.
 

Thundar

Regular Member
Joined
Sep 12, 2007
Messages
4,946
Location
Newport News, Virginia, USA
imported post

ODA 226 wrote:
If Icarus was in the Tidewater area, I could take him to ANY major gun store and I guarantee you that NONE of them would sell him a firearm with the ID that he currently has or with only a Virginia ID card.

No one will sell you an "assualt weapon" (Damn I hate that term!) without a valid passport, a teste copy of your birth certificate, or a current Virginia issued Voters Card. You'll need one of those PLUS 2 forms of Virginia ID.

ODA 226,

The Camp Allen USMC Exchange does not have different rules for asault weapons than for handguns, rifles or shotguns. They sell more guns than any other FFL that I have been to in Hampton Roads, and a lot more assault weapons.
 

jegoodin

Newbie
Joined
Jul 9, 2006
Messages
337
Location
Stafford, Virginia, USA
imported post

Thundar wrote:
ODA 226 wrote:
If Icarus was in the Tidewater area, I could take him to ANY major gun store and I guarantee you that NONE of them would sell him a firearm with the ID that he currently has or with only a Virginia ID card.

No one will sell you an "assualt weapon" (Damn I hate that term!) without a valid passport, a teste copy of your birth certificate, or a current Virginia issued Voters Card. You'll need one of those PLUS 2 forms of Virginia ID.

ODA 226,

The Camp Allen USMC Exchange does not have different rules for asault weapons than for handguns, rifles or shotguns. They sell more guns than any other FFL that I have been to in Hampton Roads, and a lot more assault weapons.

When you say "assault weapon" are you refering to a semiautomatic rifle with a detachable magazine and two or more of the following: barrel shroud, collapsable stock, pistol grip, and flash suppressor or do mean a fully automatic firearm?
 

ODA 226

Regular Member
Joined
Feb 26, 2008
Messages
1,603
Location
Etzenricht, Germany
imported post

jegoodin wrote:
When you say "assault weapon" are you refering to a semiautomatic rifle with a detachable magazine and two or more of the following: barrel shroud, collapsable stock, pistol grip, and flash suppressor or do mean a fully automatic firearm?
That is why I put the parenthesis around assault weapon. I hate that this bogus term is been accepted by the mainstream as legit. I was refering to cosmetically similar semi-automatic weapons.
 

67GT390FB

Regular Member
Joined
Mar 2, 2007
Messages
860
Location
Richmond, Virginia, USA
imported post

jegoodin wrote:
Thundar wrote:
ODA 226 wrote:
If Icarus was in the Tidewater area, I could take him to ANY major gun store and I guarantee you that NONE of them would sell him a firearm with the ID that he currently has or with only a Virginia ID card.

No one will sell you an "assualt weapon" (Damn I hate that term!) without a valid passport, a teste copy of your birth certificate, or a current Virginia issued Voters Card. You'll need one of those PLUS 2 forms of Virginia ID.

ODA 226,

The Camp Allen USMC Exchange does not have different rules for asault weapons than for handguns, rifles or shotguns. They sell more guns than any other FFL that I have been to in Hampton Roads, and a lot more assault weapons.

When you say "assault weapon" are you refering to a semiautomatic rifle with a detachable magazine and two or more of the following: barrel shroud, collapsable stock, pistol grip, and flash suppressor or do mean a fully automatic firearm?

virginias definition:

Transfer of an Assault Firearm

Proof of citizenship, or of lawful admission for a permanent residence, must be established prior to the purchase of an "assault firearm." An assault firearm is defined as any semi-automatic center-fire rifle or pistol that expels single or multiple projectiles by action of an explosion of a combustible material and is equipped at the time of offence with a magazine which will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock.

One of the following forms of proof of citizenship or lawful residence, pursuant to §18.2-308.2 must be presented to purchase an assault firearm:


  • a certified birth certificate or certificate of birth abroad issued by the US State Department,
  • an un-expired US Passport,
  • a U. S. citizen identification card,
  • a current voter registration card,
  • a current selective service registration card,
  • an immigrant or registration card issued by the Immigration and Naturalization Service, and
  • a certificate of citizenship or a certificate of naturalization issued by the Immigration and Naturalization Service.
 

ODA 226

Regular Member
Joined
Feb 26, 2008
Messages
1,603
Location
Etzenricht, Germany
imported post

67GT390FB wrote:
jegoodin wrote:
Thundar wrote:
ODA 226 wrote:
If Icarus was in the Tidewater area, I could take him to ANY major gun store and I guarantee you that NONE of them would sell him a firearm with the ID that he currently has or with only a Virginia ID card.

No one will sell you an "assualt weapon" (Damn I hate that term!) without a valid passport, a teste copy of your birth certificate, or a current Virginia issued Voters Card. You'll need one of those PLUS 2 forms of Virginia ID.

ODA 226,

The Camp Allen USMC Exchange does not have different rules for asault weapons than for handguns, rifles or shotguns. They sell more guns than any other FFL that I have been to in Hampton Roads, and a lot more assault weapons.

When you say "assault weapon" are you refering to a semiautomatic rifle with a detachable magazine and two or more of the following: barrel shroud, collapsable stock, pistol grip, and flash suppressor or do mean a fully automatic firearm?

virginias definition:

Transfer of an Assault Firearm

Proof of citizenship, or of lawful admission for a permanent residence, must be established prior to the purchase of an "assault firearm." An assault firearm is defined as any semi-automatic center-fire rifle or pistol that expels single or multiple projectiles by action of an explosion of a combustible material and is equipped at the time of offence with a magazine which will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock.

One of the following forms of proof of citizenship or lawful residence, pursuant to §18.2-308.2 must be presented to purchase an assault firearm:


  • a certified birth certificate or certificate of birth abroad issued by the US State Department,
  • an un-expired US Passport,
  • a U. S. citizen identification card,
  • a current voter registration card,
  • a current selective service registration card,
  • an immigrant or registration card issued by the Immigration and Naturalization Service, and
  • a certificate of citizenship or a certificate of naturalization issued by the Immigration and Naturalization Service.

This confirms what I was saying all along, In addition:

§ 18.2-308.2:2

B. 1. No dealer shall sell, rent, trade or transfer from his inventory any such firearm to any other person who is a resident of Virginia until he has (i) obtained written consent and the other information on the consent form specified in subsection A, and provided the Department of State Police with the name, birth date, gender, race, citizenship, and social security and/or any other identification number and the number of firearms by category intended to be sold, rented, traded or transferred and (ii) requested criminal history record information by a telephone call to or other communication authorized by the State Police and is authorized by subdivision 2 of this subsection to complete the sale or other such transfer. To establish personal identification and residence in Virginia for purposes of this section, a dealer must require any prospective purchaser to present one photo-identification form issued by a governmental agency of the Commonwealth or by the United States Department of Defense, and other documentation of residence. Except where the photo-identification was issued by the United States Department of Defense, the other documentation of residence shall show an address identical to that shown on the photo-identification form, such as evidence of currently paid personal property tax or real estate tax, or a current (a) lease, (b) utility or telephone bill, (c) voter registration card, (d) bank check, (e) passport, (f) automobile registration, or (g) hunting or fishing license; other current identification allowed as evidence of residency by Part 178.124 of Title 27 of the Code of Federal Regulations and ATF Ruling 2001-5; or other documentation of residence determined to be acceptable by the Department of Criminal Justice Services, that corroborates that the prospective purchaser currently resides in Virginia. Where the photo-identification was issued by the Department of Defense, permanent orders assigning the purchaser to a duty post in Virginia shall be the only other required documentation of residence. For the purposes of this section and establishment of residency for firearm purchase, residency shall be deemed to be the permanent duty post of a member of the armed forces. 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.

In addition, no dealer shall sell, rent, trade or transfer from his inventory any assault firearm to any person who is not a citizen of the United States or who is not a person lawfully admitted for permanent residence. To establish citizenship or lawful admission for a permanent residence for purposes of purchasing an assault firearm, a dealer shall require a prospective purchaser to present a certified birth certificate or a certificate of birth abroad issued by the United States State Department, a certificate of citizenship or a certificate of naturalization issued by the United States Citizenship and Immigration Services, an unexpired U.S. passport, a United States citizen identification card, a current voter registration card, a current selective service registration card, or an immigrant visa or other documentation of status as a person lawfully admitted for permanent residence issued by the United States Citizenship and Immigration Services.

You MUST prove US Citizenship to buy an "assault weapon" in Virginia. You must be a LEGAL RESIDENT of Virginia in order to purchase a handgun here. Icarus does not pass this legal test.

EDIT!: I just found this gem on www.dmvnow.com :

Proof of residency:

Certified copy of school records/transcript from a school in which
applicant is currently enrolled, issued by a school accredited by a
U.S. state, jurisdiction or territory OR a Virginia Department of
Education state, jurisdiction or territory OR a Virginia Department
of Education Certificate of Enrollment form (a report card is not
accepted)

However...Even if you were able to get a Virginia ID card with this method, you may still be in violation of state and federal handgun purchase laws. I would still contact VSP to make sure!
 
Top