imported post
Riana wrote:
Thndr wrote:
I was in a recent discussion with an individual and go into a debate of minimum age to buy and/or posses an AR15. Basically my understanding is/was that if you are 18 you can legally buy and/or posses an AR15 as it is considered a long gun. His stance is no as he was at a shop where they would not sell an AR to anyone under 21.
I told him that may be a rule or stipulation of the shop, but federal law seems to only specify 18 and I am not aware of any Va laws that say other wise. The only restriction for 21 I am aware of is for an FFL to sell a handgun to an individual.
Mainly I am looking at § 18.2-308.7 is my interpretation of this correct?
Thanks in advance guys.
It's not a Federal thing - it's a Virginia thing.
I believe that if the gun is defined as an "Assault Weapon" under Virginia law, then you have to be 21 to purchase it. If it has a folding stock, a magazine capacity of more than 20 rounds, or can handle a suppressor, it's considered an assault weapon.
I don't have a cite. I'm just going on recollection from conversations at the shop.
Edit: Found it:
§
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.
VA state law says that those under age 18 cannot purchase or possess handguns or "assault firearms" (with a few exceptions). I don't see anything that would prohibit a dealer from selling a "complete" AR15 "Rifle" to someone 18-20. AR "pistols" and "stripped lowers" you need to be 21 due to federal law.
§ 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.
(1993, cc. 467, 494; 2003, c.
976; 2004, c.
995.)
§ 18.2-309. Furnishing certain weapons to minors; penalty.
A. If any person sells, barters, gives or furnishes, or causes to be sold, bartered, given or furnished, to any minor a dirk, switchblade knife or bowie knife, having good cause to believe him to be a minor, such person shall be guilty of a Class 1 misdemeanor.
B. If any person sells, barters, gives or furnishes, or causes to be sold, bartered, given or furnished, to any minor a handgun, having good cause to believe him to be a minor, such person shall be guilty of a Class 6 felony. This subsection shall not apply to any transfer made between family members or for the purpose of engaging in a sporting event or activity.
(Code 1950, § 18.1-344; 1960, c. 358; 1975, cc. 14, 15; 1992, c. 487; 1993, c. 855.)