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Thread: Legal age for private transfer

  1. #1
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    For a private transfer, such as at a gun show, does the law applying to the age to purchase a handgun still apply?

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    vaguard wrote:
    For a private transfer, such as at a gun show, does the law applying to the age to purchase a handgun still apply?
    Just have to be 18 or older.

    Does not matter pistol or rifle.

    http://leg1.state.va.us/cgi-bin/legp...cod+18.2-308.7

    § 18.2-308.7. Possession or transportation of certain firearms by persons under the age of 18; penalty.
    It shall be unlawful for any person under 18 years of age to knowingly and intentionally possess or transport a handgun or assault firearm anywhere in the Commonwealth. For the purposes of this section, "handgun" means any pistol or revolver or other firearm originally designed, made and intended to fire single or multiple projectiles by means of an explosion of a combustible material from one or more barrels when held in one hand and "assault firearm" means any

    (i) semi-automatic centerfire rifle or pistol which expels single or multiple projectiles by action of an explosion of a combustible material and is equipped at the time of the offense 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 or
    (ii) shotgun with a magazine which will hold more than seven rounds of the longest ammunition for which it is chambered. A violation of this section shall be a Class 1 misdemeanor.
    This section shall not apply to:
    1. Any person (i) while in his home or on his property; (ii) while in the home or on the property of his parent, grandparent, or legal guardian; or (iii) while on the property of another who has provided prior permission, and with the prior permission of his parent or legal guardian if the person has the landowner's written permission on his person while on such property;
    2. Any person who, while accompanied by an adult, is at, or going to and from, a lawful shooting range or firearms educational class, provided that the weapons are unloaded while being transported;
    3. Any person actually engaged in lawful hunting or going to and from a hunting area or preserve, provided that the weapons are unloaded while being transported; and
    4. Any person while carrying out his duties in the Armed Forces of the United States or the National Guard of this Commonwealth or any other state.


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    NavyLT wrote:
    Just be aware that there will also be licensed dealers as well, and you cannot purchase a handgun from a licensed dealer until you are 21. Long guns are OK from dealers or private parties and handguns are OK from private parties at the age of 18. Same is true for ammunition to be used in a handgun as well.
    Correct!!

    FFL dealers are prohibited from selling anyone under age 21 a handgun.

    But as strange as it may be... private sales do not hold that same restriction.

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    LEO 229 wrote:
    NavyLT wrote:
    Just be aware that there will also be licensed dealers as well, and you cannot purchase a handgun from a licensed dealer until you are 21. Long guns are OK from dealers or private parties and handguns are OK from private parties at the age of 18. Same is true for ammunition to be used in a handgun as well.
    Correct!!

    FFL dealers are prohibited from selling anyone under age 21 a handgun.

    But as strange as it may be... private sales do not hold that same restriction.
    Yep, strange laws. Like as an FFL dealer, onecan sell 20 AR15's to an out of state buyer but heaven forbid that a 2 shot derringer be sold to someone who resides out of state.

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    LEO 229 wrote:
    vaguard wrote:
    For a private transfer, such as at a gun show, does the law applying to the age to purchase a handgun still apply?
    Just have to be 18 or older.

    Does not matter pistol or rifle.

    http://leg1.state.va.us/cgi-bin/legp...cod+18.2-308.7

    § 18.2-308.7. Possession or transportation of certain firearms by persons under the age of 18; penalty.
    It shall be unlawful for any person under 18 years of age to knowingly and intentionally possess or transport a handgun or assault firearm anywhere in the Commonwealth. For the purposes of this section, "handgun" means any pistol or revolver or other firearm originally designed, made and intended to fire single or multiple projectiles by means of an explosion of a combustible material from one or more barrels when held in one hand and "assault firearm" means any

    (i) semi-automatic centerfire rifle or pistol which expels single or multiple projectiles by action of an explosion of a combustible material and is equipped at the time of the offense 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 or
    (ii) shotgun with a magazine which will hold more than seven rounds of the longest ammunition for which it is chambered. A violation of this section shall be a Class 1 misdemeanor.
    This section shall not apply to:
    1. Any person (i) while in his home or on his property; (ii) while in the home or on the property of his parent, grandparent, or legal guardian; or (iii) while on the property of another who has provided prior permission, and with the prior permission of his parent or legal guardian if the person has the landowner's written permission on his person while on such property;
    2. Any person who, while accompanied by an adult, is at, or going to and from, a lawful shooting range or firearms educational class, provided that the weapons are unloaded while being transported;
    3. Any person actually engaged in lawful hunting or going to and from a hunting area or preserve, provided that the weapons are unloaded while being transported; and
    4. Any person while carrying out his duties in the Armed Forces of the United States or the National Guard of this Commonwealth or any other state.
    I love this section of code.

    My daughters could all carry any of my handguns despite not being 18+... if they are at home or with me going to/from a range.

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    Just watch out for this one...

    http://leg1.state.va.us/cgi-bin/legp...+cod+18.2-56.2

    § 18.2-56.2. Allowing access to firearms by children; penalty.

    A. It shall be unlawful for any person to recklessly leave a loaded, unsecured firearm in such a manner as to endanger the life or limb of any child under the age of fourteen. Any person violating the provisions of this subsection shall be guilty of a Class 3 misdemeanor.

    B. It shall be unlawful for any person knowingly to authorize a child under the age of twelve to use a firearm except when the child is under the supervision of an adult.

    Any person violating this subsection shall be guilty of a Class 1 misdemeanor.

    For purposes of this subsection, "adult" shall mean a parent, guardian, person standing in loco parentis to the child or a person twenty-one years or over who has the permission of the parent, guardian, or person standing in loco parentis to supervise the child in the use of a firearm.





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    LEO 229 wrote:
    Just watch out for this one...

    http://leg1.state.va.us/cgi-bin/legp...+cod+18.2-56.2

    § 18.2-56.2. Allowing access to firearms by children; penalty.

    A. It shall be unlawful for any person to recklessly leave a loaded, unsecured firearm in such a manner as to endanger the life or limb of any child under the age of fourteen. Any person violating the provisions of this subsection shall be guilty of a Class 3 misdemeanor.

    B. It shall be unlawful for any person knowingly to authorize a child under the age of twelve to use a firearm except when the child is under the supervision of an adult.

    Any person violating this subsection shall be guilty of a Class 1 misdemeanor.

    For purposes of this subsection, "adult" shall mean a parent, guardian, person standing in loco parentis to the child or a person twenty-one years or over who has the permission of the parent, guardian, or person standing in loco parentis to supervise the child in the use of a firearm.



    Does that mean all the adult relatives of these baby gangbangers (14 -17) who obtain their handguns without the knowledge of said relatives are absolved from blame when the kids use them to commit crime?

    BTW, 229, your cite of § 18.2-308.7. Possession or transportation of certain firearms by persons under the age of 18; penalty is the only reference in Va Code of the definition of a shotgun as an "assault firearm". Does this mean that this firearm is only so classified if carried by a person under 18?

    There are lots of inconsistencies in Va's gun laws, and they need to be eliminated. The problem is that, you guessed it, this would require the passage of more laws.
    A law-abiding citizen should be able to carry his personal protection firearm anywhere that an armed criminal might go.

    Member VCDL, NRA

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    § 18.2-308.2:01. Possession or transportation of certain firearms by certain persons. A. It shall be unlawful for any person who is not a citizen of the United States or who is not a person lawfully admitted for permanent residence to knowingly and intentionally possess or transport any assault firearm or to knowingly and intentionally carry about his person, hidden from common observation, an assault firearm.
    B. It shall be unlawful for any person who is not a citizen of the United States and who is not lawfully present in the United States to knowingly and intentionally possess or transport any firearm or to knowingly and intentionally carry about his person, hidden from common observation, any firearm. A violation of this section shall be punishable as a Class 6 felony.
    C. For purposes of this section, "assault firearm" means 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 the offense 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.


  9. #9
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    Yeah, I'm aware. The rifle/pistol definition shows up several places, and isn't age dependent.

    The shotgun definition is unique to § 18.2-56.2.
    A law-abiding citizen should be able to carry his personal protection firearm anywhere that an armed criminal might go.

    Member VCDL, NRA

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