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Thread: Firearms Sales

  1. #1
    Regular Member buster81's Avatar
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    http://www.vsp.state.va.us/Firearms_StateLaws.shtm

    In the state laws, I see only one law regarding the private sale of a firearm.

    §18.2-308.2:1 Prohibiting the Selling of Firearms to Felons

    The BATF has some requirements as well. http://www.atf.gov/firearms/faq/faqindex.htm

    One item seems to be relevant.

    (B1) To whom may an unlicensed person transfer firearms under the GCA? [Back]


    A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.



    So, am I correct in my assesment that my only two requirements arethatIverifya purchaser of one of my firearms isresident of my state (with a drivers license, or other photo id), and I must have no reasonable cause to believe he is prohibited from purchasing the firearm? Or have I missed something?



    Edited to clarify question.




  2. #2
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    That is pretty much it in a nutshell. Many private transactions often have much higher requirements to meet the safety bars set by the seller & the buyer. I've seen people here advertise they were selling for F2Ftransactions and wanted to see a CHP.

  3. #3
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    Personally, I wouldn't let anyone copy down my address or the ID of my CHP (FOIA request they can get ALL your info), but I wouldn't object to showing them to someone to verify I am "legit" (although lets be serious, it wouldn't be hard to fake a VA CHP!)

  4. #4
    Lone Star Veteran DrMark's Avatar
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    hsmith wrote:
    Personally, I wouldn't let anyone copy down my address or the ID of my CHP (FOIA request they can get ALL your info), but I wouldn't object to showing them to someone to verify I am "legit" (although lets be serious, it wouldn't be hard to fake a VA CHP!)
    That's a very common perspective.

    People generally don't mind showing DL or CHP, but if you start asking a stranger if you can make copies of his documents, or write down his info, many will say no thanks.



  5. #5
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    If I ever sold a firearm in a private sale (which I'm going to be doing soon), I might ask to see a CHP/DL (for peace of mind- it would suck to sell your gun to someone you're not sure of and have it be used in a crime ), and the only "document" involved would be a bill of sale.

  6. #6
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    All our comfort levels are different, but mine would require a FTFbuyer to possess a valid VACHPand VA DL to conduct a transaction and this still doesnot guarantee that the gun won't wind up in the wrong hands. I think we should be very selectivein private sales, selling to only those who pass the "smell test"and would do so ata lesser price. VA Gun Trader and S&W Forumseem to begood places to find reputable people.

  7. #7
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    If someone told me I couldn't write down their address, I wouldn't sell them the gun. I've developed a bill of sale form that doubles as an affidavit in support of in-state non-face-to-face transactions. You can feel free to use it if you like, or take a look to see what I think is required (and this is a minimalist approach designed only to provide proof of ownership and to protect each party from criminal charges for things he didn't have any control over).

    http://www.virginialegaldefense.com/...ransferBOS.pdf
    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.

  8. #8
    Moderator / Administrator Grapeshot's Avatar
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    user wrote:
    If someone told me I couldn't write down their address, I wouldn't sell them the gun. I've developed a bill of sale form that doubles as an affidavit in support of in-state non-face-to-face transactions. You can feel free to use it if you like, or take a look to see what I think is required (and this is a minimalist approach designed only to provide proof of ownership and to protect each party from criminal charges for things he didn't have any control over).

    http://www.virginialegaldefense.com/...ransferBOS.pdf
    Appreciate it - will add to my files.

    Yata hey
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  9. #9
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    Thank you, counsellor. Made two copies.

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