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Thread: VA CHP in place of NICS check?

  1. #1
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    I'm curious if a VA CHP is usable to purchase a handgun?

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    n4mgr wrote:
    I'm curious if a VA CHP is usable to purchase a handgun?
    As a form of ID, yes; as a substitute for a background check, no.

    (So far as I know...and I'm just a career college student who has bought a few guns.)

  3. #3
    Regular Member wylde007's Avatar
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    It also allows one to avoid the "one handgun per month" rule, in case you were not aware.
    The quiet war has begun, with silent weapons
    And the newest slavery is to keep the people poor, and stupid
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    Nope, unlike some other states that allow you to skip the NICS check if you have a carry permit, VA doesn't unfortunately.

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    wylde007 wrote:
    It also allows one to avoid the "one handgun per month" rule, in case you were not aware.
    Indeed it does. Finances on the other hand dictate a strict "one handgun per year [or more]" rule in my case.

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    Regular Member SouthernBoy's Avatar
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    You can buy more than one handgun a month in Virginia without having a CHP if you are replacing a current handgun which you are trading in.

    In the final seconds of your life, just before your killer is about to dispatch you to that great eternal darkness, what would you rather have in your hand? A cell phone or a gun?

    Si vis pacem, para bellum.

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    http://www.vsp.state.va.us/Firearms_...ePurchase.shtm

    and a few other exemptions though chp is too easy to worry about these other ones

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    Regular Member vbnative73's Avatar
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    SaltH2OHokie wrote:
    n4mgr wrote:
    I'm curious if a VA CHP is usable to purchase a handgun?
    As a form of ID, yes; as a substitute for a background check, no.

    (So far as I know...and I'm just a career college student who has bought a few guns.)
    I used my Driver License and CHP to buy my glock at Lynnhaven A&P.



  9. #9
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    Technically, a CHP may be used as the required secondary form of ID.

    The primary (government-issued) ID must include a photo.

    See information on ID and residency requirements at this VSP info page. (scroll about halfway down the page)

  10. #10
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    nova wrote:
    Nope, unlike some other states that allow you to skip the NICS check if you have a carry permit, VA doesn't unfortunately.
    Any examples?

  11. #11
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    Chaingun81 wrote:
    nova wrote:
    Nope, unlike some other states that allow you to skip the NICS check if you have a carry permit, VA doesn't unfortunately.
    Any examples?
    Here is the list of states whose CHP holders are exempt from NICS checks when purchasing or otherwise receiving a firearm from an FFL.
    James M. "Jim" Mullins, Jr., Esq.
    Admitted to practice in West Virginia and Florida.

    Founder, Past President, Treasurer, and General Counsel, West Virginia Citizens Defense League, Inc.
    Life Member, NRA

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    Utah is on that list. I wonder if a non resident UTAH can be used in lieu of NICS in Va?

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    Regular Member Marco's Avatar
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    WVCDL wrote:
    Chaingun81 wrote:
    nova wrote:
    Nope, unlike some other states that allow you to skip the NICS check if you have a carry permit, VA doesn't unfortunately.
    Any examples?
    Here is the list of states whose CHP holders are exempt from NICS checks when purchasing or otherwise receiving a firearm from an FFL.
    That list is incorrect.

    I know NV no longer accepts a CCW/CHP as an alterative to a NICS check.
    http://www.nraila.org/Legislation/Read.aspx?id=4061
    If you think like a Statist, act like one, or back some, you've given up on freedom and have gone over to the dark side.
    The easiest ex. but probably the most difficult to grasp for gun owners is that fool permission slip so many of you have, especially if you show it off with pride. You should recognize it as an embarrassment, an infringement, a travesty and an affront to a free person.


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  14. #14
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    Sam_G21 wrote:
    Utah is on that list. I wonder if a non resident UTAH can be used in lieu of NICS in Va?
    No. An exemptpermit only exempts the permittee from the background check requirement within the state in which the permit was issued.18 U.S.C. § 922(t)(3) provides that the NICS background check requirement "shall not apply to a firearm transfer between a licensee and another person if--
    (A)(i) such other person has presented to the licensee a permit that--
    (I) allows such other person to possess or acquire a firearm; and
    (II) was issued not more than 5 years earlier by the State in which the transfer is to take place; and
    (ii) the law of the State provides that such a permit is to be issued only after an authorized government official has verified that the information available to such official does not indicate that possession of a firearm by such other person would be in violation of law[.]"
    James M. "Jim" Mullins, Jr., Esq.
    Admitted to practice in West Virginia and Florida.

    Founder, Past President, Treasurer, and General Counsel, West Virginia Citizens Defense League, Inc.
    Life Member, NRA

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    Agent19 wrote:
    WVCDL wrote:
    Chaingun81 wrote:
    nova wrote:
    Nope, unlike some other states that allow you to skip the NICS check if you have a carry permit, VA doesn't unfortunately.
    Any examples?
    Here is the list of states whose CHP holders are exempt from NICS checks when purchasing or otherwise receiving a firearm from an FFL.
    That list is incorrect.

    I know NV no longer [ac]cepts a CCW/CHP as an alterative to a NICS check.
    http://www.nraila.org/Legislation/Read.aspx?id=4061
    The list I linked above is correct, accurately reflecting that Nevada permits do not qualify.
    James M. "Jim" Mullins, Jr., Esq.
    Admitted to practice in West Virginia and Florida.

    Founder, Past President, Treasurer, and General Counsel, West Virginia Citizens Defense League, Inc.
    Life Member, NRA

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    WVCDL wrote:
    The list I linked above is correct, accurately reflecting that Nevada permits do not qualify.
    You are correct, I looked at the wrong line.
    Thanks for the corrections.
    If you think like a Statist, act like one, or back some, you've given up on freedom and have gone over to the dark side.
    The easiest ex. but probably the most difficult to grasp for gun owners is that fool permission slip so many of you have, especially if you show it off with pride. You should recognize it as an embarrassment, an infringement, a travesty and an affront to a free person.


    ~Alan Korwin

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    Regular Member TFred's Avatar
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    WVCDL wrote:
    Sam_G21 wrote:
    Utah is on that list. I wonder if a non resident UTAH can be used in lieu of NICS in Va?
    No. An exemptpermit only exempts the permittee from the background check requirement within the state in which the permit was issued.http://frwebgate.access.gpo.gov/cgi-bin/usc.cgi?ACTION=RETRIEVE&FILE=$$xa$$busc18.wais &start=1498909&SIZE=106824&TYPE=TEX T]18 U.S.C. § 922(t)(3)[/b] provides that the NICS background check requirement "shall not apply to a firearm transfer between a licensee and another person if--
    (A)(i) such other person has presented to the licensee a permit that--
    (I) allows such other person to possess or acquire a firearm; and
    (II) was issued not more than 5 years earlier by the State in which the transfer is to take place; and
    (ii) the law of the State provides that such a permit is to be issued only after an authorized government official has verified that the information available to such official does not indicate that possession of a firearm by such other person would be in violation of law[.]"
    Wow that is one ugly link... leave it to the Government I guess... I tried to figure out how to get this BB software to handle it but I could not... so I punted, and made a tinyurl for you:

    http://preview.tinyurl.com/ykjzjh6

    TFred


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    n4mgr wrote:
    I'm curious if a VA CHP is usable to purchase a handgun?
    No - Va law allows persons who cannot possess a firearm under federal law to conceal handguns in virginia - mainly, due to refusal of virginia to DQ CHP applicants for misdemeanor crimes of domestic violence.

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    Regular Member zoom6zoom's Avatar
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    The only times I've been able to avoid NICS is when I've purchased C&R eligible firearms and have been able to just hand them a copy of my 03FFL.

  20. #20
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    I really need to bone up on my acronyms, yall are killing me.

  21. #21
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    zoom6zoom wrote:
    The only times I've been able to avoid NICS is when I've purchased C&R eligible firearms and have been able to just hand them a copy of my 03FFL.
    C&R?

    I am fairly sure it isn't Command & Reconnaissance or Convoy & Routing...?

  22. #22
    Regular Member zoom6zoom's Avatar
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    Type 03FFL, "Collector of Curios and Relics". Allows the licensee to have firearms meeting the criteria (over fifty years old, or newer if added to the official list) shipped directly to them. The C&R allows you to purchase eligible firearms across state lines, transfer eligible weapons between licensed people, and order eligible weapons through the mail (UPS or FedEx). It is NOT a dealer license; it is purely for your own collecting activities.

    http://www.surplusrifle.com/shooting...fl03/index.asp

  23. #23
    Regular Member 2a4all's Avatar
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    Mike wrote:
    n4mgr wrote:
    I'm curious if a VA CHP is usable to purchase a handgun?
    No - Va law allows persons who cannot possess a firearm under federal law to conceal handguns in virginia - mainly, due to refusal of virginia to DQ CHP applicants for misdemeanor crimes of domestic violence.

    Wow! Talk about a "gun show loophole"! A person, whose only prohibition to purchase a firearm from an FFL is amisdemeanor domestic violence conviction,applies for and is granted a CHP thatcould beused to allay the concerns of a seller at a private sale ("He's got a CHPand a VA D/L").

    What's wrong with this picture?


    Edited 11/2/2009 to add:

    Question A2 of the CHP Application (SP248 1-1-2009) asks for misdemeanor convictions within the previous 5 years, and only exempts motor vehicle misdemeanors. If so convicted, the applicant must also complete Form 1, Part B on Page 2, and indicate if firearms rights have been restored.

    I would think that anyone whose firearm rights have not been restored (i.e. lost due misdemeanor domestic violence conviction per federal law) would not be issued a CHP.
    Of course, if the conviction were more than 5 years old upon initialapplication for a CHP, this issue wouldonly come up via a bckground checkbecause the applicant's firearm rights had been revoked under federal law.
    Since all resident CHPs are issued by Circuit Court Judges, wouldn't this be grounds for denial?

    Bit of a sticky wicket.

    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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    2a4all wrote:
    What's wrong with this picture?
    ...IMO, the fact the the Federal Gov't takes away a fundamental right based on a misdemeanor.



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    DrMark wrote:
    2a4all wrote:
    What's wrong with this picture?
    ...IMO, the fact the the Federal Gov't takes away a fundamental right based on a misdemeanor.

    What the Doctor says...

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