• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Age to own/purchase an AR15 in Va

longwatch

Founder's Club Member - Moderator
Joined
May 14, 2006
Messages
4,327
Location
Virginia, USA
imported post

dng wrote:
You must be 21 in VA to purchase an "assault rifle" as the gun control likes to call them and you must have 3 forms of ID. Not 100% sure, but I think driver's license, passport, social security card, birth certificate, hunting license, piece of mail with your name and address to enstablish residency will all work.
Wrong. There is no law that says an 18 year old Virginian cannot purchase an assault firearm. He can even carry it so long as he isn't in one of the prohibited localities.

The proof of legal presence requirement means one must produce on of the following documents. A certified birth certificate , a certificate of citizenship or a certificate of naturalization , an unexpired U.S. passport, a United States citizen identification card (not issued anymore), a current voter registration card, a current selective service registration card, or a Green Card.

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308.2C2

Social security cards are not valid IDs nor is just a piece of mail with you name on it.
 

nova

Regular Member
Joined
Aug 19, 2007
Messages
3,149
Location
US
imported post

You don't even need three forms of ID if your second form is already a current voter registration card.
 

Riana

Regular Member
Joined
Dec 23, 2008
Messages
943
Location
Fairfax County, VA
imported post

dng wrote:
You must be 21 in VA to purchase an "assault rifle" as the gun control likes to call them and you must have 3 forms of ID. Not 100% sure, but I think driver's license, passport, social security card, birth certificate, hunting license, piece of mail with your name and address to enstablish residency will all work.

Actually, you *can* do it with two. One form of photo ID (usually your DL), and a second ID such as CHP, voter's card, hunting/fishing license, etc. is required for a regular purchase. For an assault weapon," you need something proving citizenship or (for non-citizens) permanent residence - a voter's card will satisfy that requirement.

If you use your voter's card as your second ID, then you only need 2 IDs.

ETA: Dang, Nova types faster than I do...
 

Ungeheuer

Newbie
Joined
Jul 8, 2016
Messages
3
Location
Virginia
Nothing in Virginia law prohibits an 18 year old from purchasing or possessing an 'assault firearm'. They may not carry it loaded in certain localities but neither can any other citizens except CHP holders (see Section 18.2-287.4).

However, folks under 21 may not buy AR lowers, due to federal law which only allows folks under 21 to purchase from dealers "rifles" and "shotguns". A lower receiver is a firearm but not a rifle or shotgun.
http://www.law.cornell.edu/uscode/18/usc_sec_18_00000922----000-.html
(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver— (1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee knows or has reasonable cause to believe is less than twenty-one years of age;



I'm 18 years old and working on building my first ar15. I obviously need a lower to make that work. My plan was having my parent purchase the lower and have them on the form 4473. Once it's transferred to them, I take the lower home and build the ar15, who owns the completed gun?
 

The Truth

Regular Member
Joined
Jul 18, 2014
Messages
1,972
Location
Henrico
Let me get this straight...

There is no legal distinction between a pistol or a rifle in regards to "assault weapons." Is the rifle or pistol being loaded what differentiates it being an assault weapon or not? Seems so in 18.2.308.1:01 Section C. So take out the 30 round magazine and it's not an assault weapon anymore as long as it's not equipped with a folding stock or a threaded barrel. As soon as you insert the magazine it becomes an assault weapon.

Weird.

I don't understand the threaded barrel stipulation. Doesn't make much sense. I could maybe see how a folding stock could turn certain guns into an SBR, but then again I think that distinction is pointless too.
 

Ungeheuer

Newbie
Joined
Jul 8, 2016
Messages
3
Location
Virginia
Yes. Crazy but true.

A rifle is a longgun and can be purchased by anyone 18 yrs old or older.

A lower (complete or stripped) is a lower. And on the 4473 Federally it's an 'other' and requires the person to be 21yrs old or older. 'Other' is receivers and also used for sound suppressors, AOWs, DDs etc all of which require the person filling out the forms to be 21yrs old or older.

Im 18 and building my first ar15. I obviously need a lower. How do I go about actually getting the lower without breaking the law? I figured that I could have a parent buy it, the parent goes on the Form 4473, and after the rifle is built, it is transferred to me again via Form 4473. Am I missing anything/breaking the law?

any help is appreciated.
 

The Truth

Regular Member
Joined
Jul 18, 2014
Messages
1,972
Location
Henrico
Im 18 and building my first ar15. I obviously need a lower. How do I go about actually getting the lower without breaking the law? I figured that I could have a parent buy it, the parent goes on the Form 4473, and after the rifle is built, it is transferred to me again via Form 4473. Am I missing anything/breaking the law?

any help is appreciated.

I wouldn't think you would need another 4473 transfer after the rifle is put together by your legal guardian. Private transfers are legal in VA.

EDIT: This sounds like a straw purchase to me though. I would advise against it. I AM NOT A LAWYER
 
Last edited:

2a4all

Regular Member
Joined
Jul 1, 2008
Messages
1,846
Location
Newport News, Virginia, USA
I wouldn't think you would need another 4473 transfer after the rifle is put together by your legal guardian. Private transfers are legal in VA.

EDIT: This sounds like a straw purchase to me though. I would advise against it. I AM NOT A LAWYER

I have to agree with the straw purchase issue. IANAL.
 
Last edited:

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
Thndr wrote:
It's not a Federal thing - it's a Virginia thing.<snip>
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.

The design question is simply not enforceable .... you cannot get design stuff from manufacturers ... so, you can get one w/a 20 rd mag w/o a folding stock.

Also, to get around the design issue, build it yourself .. then you are the designer .. design it not to accept a silencer.
 

The Truth

Regular Member
Joined
Jul 18, 2014
Messages
1,972
Location
Henrico
Yeah well, lots of rifles and pistols are not available without a threaded barrel.
 
Top