imported post
skidmark wrote:
fully_armed_biker wrote:
bblackmoor wrote:
The gun rationing law in Virginia applies to handguns, not to rifles or shotguns. You may also wish to read this:
http://www.vsp.state.va.us/Firearms_MultiplePurchase.shtm
The law also only applies to purchases from dealers with a FFL. Private citizen to private citizen sales areexempt fromthe law.
This part of the above-quoted info from the State Police has not, to my knowledge, been tested in court:
When purchasing handguns in a private sale. A private sale means purchase from a person who makes occasional sales, exchanges or purchases of firearms for the enhancement of a personal collection of curios or relics as herein defined, or who sells all or part of such collection of curios and relics.
As written, the exception for multiple purchases via a private sale, applies only to curios & relics. I know that others will disagree, but the words are right there.
I am not an attorney, and I am not telling you what to do or what I think/feel/believe you ought to do. I'm just putting information out there for you to consider.
stay safe.
skidmark
Hmm, I used to disagree... thinking that there were three items in the series joined by the coordinating conjunction 'or.' I gave it a closer look and now I see what you're talking about, skidmark...
At first I read each item to be:
- makes occasional sales
- exchanges or purchases of firearms for the enhancement of a personal collection of curios and relics as herein defined
- or who sells all or part of such collection of curios and relics
The only way to tell what they really intended is the placement of the preposition "of" before firearms. Now I see that it was meant to be read:
- makes occasional sales, exchanges or purchases of firearms...
- or who sells all or part of such collection...
Call it style or whatever you want, I know those commas are optional, but sometimes they're key to conveying your intended meaning. I think, if that was their intent, that they should have placed a comma after "exchanges."
i. A person who purchases a handgun in a private sale. For purposes of this subdivision, a private sale means purchase from a person who
makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection of curios or relics as herein defined, or who sells all or part of such collection of curios and relics;
Either that or use semi-colons (super-commas) between the individual items of a series so that we can tell the difference between those and items of a sub-series. Or enumerate them on their own line in an ordered list:
1)
2)
3)
a)
b)
c)
I re-read (P)(1), since I have argued that one before in this forum, but I still believe that "for lawful business or personal use" is the first item in a series.
If one wanted to write (P)(1) to clearly apply only to collections and estate sales, simply remove the comma following "personal use," like so:
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.
In summary, I believe that (P)(2)(i) does in fact apply only to curios and relics; however, (P)(1) may apply to any lawful business or personal use... unless someone can tell me why they put a comma after "personal use."
