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Thread: Transfer of arms

  1. #1
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    I'mtalking with some guys down here at my base about transfer of firearms in VA. What is required? Any paperwork. I know these guys don't have records so what else?

  2. #2
    Accomplished Advocate user's Avatar
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    You can use this form if you like - since y'all are, for BATFE purposes, residents of Virginia as well as whatever states you come from, there's no restriction on transfer, and you don't need to go through federally licensed firearms dealers. The person signing the form as the purchaser is swearing that he is, in fact, eligible under both federal and state law to be in possession of firearms, and will be guilty of a crime if that's not true.

    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.

  3. #3
    Regular Member CRF250rider1000's Avatar
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    Cash for firearm. Law requires you to make sure that they are a VA resident and also to judge their mental health to the best of your ability. Simple and easy. No paperwork needed at all.

  4. #4
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    True that cash is sufficient, and that no paperwork is required.

    But if the gun has been used in a crime, then the purchaser will want a written record of the transaction so that he can prove that the crime occurred prior to the receipt of the firearm. He will also want documentation of the purchase if the gun is lost, stolen, or destroyed, and he needs some evidence that he actually owned it. The seller will want documentation in case the gun is used in a crime subsequent to the transaction. And both will want documentation in case either lied and needs to be sued for breach of contract. Finally, the document I prepared will serve as legal protection in the event that either is charged with a crime arising out of the transaction itself. It establishes certain defenses for both parties.

    False that the seller is required to determine whether the purchaser is ineligible.

    All that is required is that the seller have no reason to know that the purchaser is ineligible.

    A cash only FTF transaction can result in someone winding up in the penitentiary. But it's perfectly legal to do the transaction that way. You can bash your head against a concrete wall, too, if you want. But I wouldn't.
    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.

  5. #5
    Regular Member CRF250rider1000's Avatar
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    user wrote:
    All that is required is that the seller have no reason to know that the purchaser is ineligible.
    Right. That's what I was trying to get at.

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