virginiatuck
Regular Member
imported post
Has anyone here ever gone through the "enhanced background check" and completed the required form(s) in order to purchase more than one handgun per month?
§ 18.2-308.2:2(P)(1)
I wonder if the law really has any practical effect on limiting people to one handgun per month. If all one has to do is fill out an application and the certificate is furnished to the successful applicant expeditiously; then the law would have no effect on limiting people to one handgun per month if they desired to purchase many. Perhaps the only beneficiaries are law-enforcement agencies investigating straw purchases because there are long-term records on file of multiple-handgun purchases. And then I wonder if any of those records have been successfully used to prosecute straw purchases.
Naturally, I oppose the law no matter what the answers are to my questions. It hurts dealers, buyers, and in those cases where the enhanced background check is used it wastes our tax money and other government resources.
Another question comes to mind. If the law is repealed, will there be an even higher surge in handgun purchases? Will the handgun I want to purchase be even harder to find, more expensive, and longer to wait if this law is repealed?
Has anyone here ever gone through the "enhanced background check" and completed the required form(s) in order to purchase more than one handgun per month?
§ 18.2-308.2:2(P)(1)
I'm not prohibited from purchasing one handgun per month. Since the law has come up recently as an issue in the Governor's race, I was wondering what the process is like, how long it takes, and whether the Superintendent of State Police has the authority to set requirements or limitations beyond those laid out in § 18.2-308.2:2(P)(1). For example, is there any limit to how many applications a person may make in a set time period; are there any other limitations to quantity and type of handguns; is there a fee?1. Purchases in excess of one handgun within a 30-day period may be made upon completion of an enhanced background check, as described herein, by special application to the Department of State Police listing the number and type of handguns to be purchased and transferred for lawful business or personal use, in a collector series, for collections, as a bulk purchase from estate sales and for similar purposes. Such applications shall be signed under oath by the applicant on forms provided by the Department of State Police, shall state the purpose for the purchase above the limit, and shall require satisfactory proof of residency and identity. Such application shall be in addition to the firearms sales report required by the Bureau of Alcohol, Tobacco and Firearms (ATF). The Superintendent of State Police shall promulgate regulations, pursuant to the Administrative Process Act (§ 2.2-4000 et seq.), for the implementation of an application process for purchases of handguns above the limit.
Upon being satisfied that these requirements have been met, the Department of State Police shall forthwith issue to the applicant a nontransferable certificate, which shall be valid for seven days from the date of issue. The certificate shall be surrendered to the dealer by the prospective purchaser prior to the consummation of such sale and shall be kept on file at the dealer's place of business for inspection as provided in § 54.1-4201 for a period of not less than two years. Upon request of any local law-enforcement agency, and pursuant to its regulations, the Department of State Police may certify such local law-enforcement agency to serve as its agent to receive applications and, upon authorization by the Department of State Police, issue certificates forthwith pursuant to this subsection. Applications and certificates issued under this subsection shall be maintained as records as provided in subdivision B 3. The Department of State Police shall make available to local law-enforcement agencies all records concerning certificates issued pursuant to this subsection and all records provided for in subdivision B 3.
I wonder if the law really has any practical effect on limiting people to one handgun per month. If all one has to do is fill out an application and the certificate is furnished to the successful applicant expeditiously; then the law would have no effect on limiting people to one handgun per month if they desired to purchase many. Perhaps the only beneficiaries are law-enforcement agencies investigating straw purchases because there are long-term records on file of multiple-handgun purchases. And then I wonder if any of those records have been successfully used to prosecute straw purchases.
Naturally, I oppose the law no matter what the answers are to my questions. It hurts dealers, buyers, and in those cases where the enhanced background check is used it wastes our tax money and other government resources.
Another question comes to mind. If the law is repealed, will there be an even higher surge in handgun purchases? Will the handgun I want to purchase be even harder to find, more expensive, and longer to wait if this law is repealed?