Gun Purchase Question?

I went to a local shop intending to buy a 380 pocket pistol. Selected a gun, and filled out the forms. Dealer ran the approval and it came back approved as I expected. However, something told me I should put more thought into this purchase and evaluate more guns, and that perhaps a 9mm compact or sub compact might suit more needs. So, I told the dealer I wanted to think about it and asked if I could use the approval for another gun If I decided. I was surprised at his short reply, something like, Well you'll have to pay $2 for the background check, and you won't be able to buy another gun for 30 days. I said, I will gladly pay the $2 and I didn't say I didn't want to buy a gun, I said, I'm not sure I want this gun and I want to think about it. I've since decided I want a Glock 19 or 26, and this dealer has them in Gen 3 only for $529. In my gun evaluation I stumbled across the Marksman, where I rented several guns and shot them to arrive at my decision. I asked what they got for a Gen 4 G19 or G26 and they said $480. I like the first dealer, but not enough to pay them a $50 premium for an earlier version.

So did the first approval count as a purchase as the dealer alluded even though I did not make the purchase? It seems he would have had to notify the state I did not buy the gun. When I asked if I could still buy a gun from him on that approval he said yes, they would just have to change the gun.

So, does this all sound correct. I know I threw a wrench in the works by changing my mind, but I'm sure I'm not the first. I thought about asking him if he would order a Gen 4 and if he would honor a competitors pricing, and if not according to him I have to wait 30 days, which is not a problem, but it sounded strange after giving some thought, since I only got approved to buy the gun, but I didn't actually buy it.

Thank you;

Ric

The gen4 Glocks are having some issues and I'm sure these have all been ironed out as of now. You should visit glocktalk.com to do some followup on this. The gen3's are proven and are fine pieces. Very reliable and easy to work on and maintain.

The .380ACP is considered by most to be the minimum power level and should be thought of as a backup caliber, sometimes referred to as a "goto gun". You would be better served with the 9mm in a good self defense load. Were it me in your shoes with the guns you've mentioned, I'd go with the gen3 G19.

It sounds like he may have misunderstood you. He probably was under the impression you wanted to get the 380 and another pistol. We disregard a lot of forms, people change their minds, they leave, ect. The background check does not use the serial of the gun only the type it is ( pistol, revolver, rifle) and its up to the dealer to input the form info usually at a later time.

Hope that helps.

VA code 18.2-308.2:2 P. Except as provided in subdivisions 1, 2, and 3 of this subsection, it shall be unlawful for any person who is not a licensed firearms dealer to purchase more than one handgun within any 30-day period. A violation of this subsection shall be punishable as a Class 1 misdemeanor.

This says purchase. It says nothing about how many background checks you can have in a 30 day period.

sccrref said:

VA code 18.2-308.2:2 P. Except as provided in subdivisions 1, 2, and 3 of this subsection, it shall be unlawful for any person who is not a licensed firearms dealer to purchase more than one handgun within any 30-day period. A violation of this subsection shall be punishable as a Class 1 misdemeanor.

This says purchase. It says nothing about how many background checks you can have in a 30 day period.

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Right, but my point is... If you just fill out the nice paper no one yet knows you have purchased that firearm. For example; I've filled out 3 new apartment applications today, but they wont count for anything until they are turned in and have been inputted. As such the only part of the current process where anyone (besides the dealer and you) know there may be a firearm transfer is if the back ground check is done. In which case there is nothing relating the the particular firearm you have purchased.

So I think that shop is blowing steam... its not rocket science.

sccrref said:

VA code 18.2-308.2:2 P. Except as provided in subdivisions 1, 2, and 3 of this subsection, it shall be unlawful for any person who is not a licensed firearms dealer to purchase more than one handgun within any 30-day period. A violation of this subsection shall be punishable as a Class 1 misdemeanor.

This says purchase. It says nothing about how many background checks you can have in a 30 day period.

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OP said that the check was ran and came back approved. It was then that he changed his mind about purchasing the gun. He was aking if the first approval counted as a purchase. I was saying that a purchase is a purchase and that a background check is not a purchase.

sccrref said:

OP said that the check was ran and came back approved. It was then that he changed his mind about purchasing the gun. He was aking if the first approval counted as a purchase. I was saying that a purchase is a purchase and that a background check is not a purchase.

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Oh, my bad! Saying the same with different words.

sccrref said:

VA code 18.2-308.2:2 P. Except as provided in subdivisions 1, 2, and 3 of this subsection, it shall be unlawful for any person who is not a licensed firearms dealer to purchase more than one handgun within any 30-day period. A violation of this subsection shall be punishable as a Class 1 misdemeanor.

This says purchase. It says nothing about how many background checks you can have in a 30 day period.

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There are two exceptions to this. One is if you are a holder of a CHP. The other is if you are trading/replacing a handgun.

Thanks for all the great responses. and clarification. At first I was buying into what the shop owner was saying, and thought well maybe one background check in 30 days, but the more I thought about it something didn't seem quite right, because I had not made a purchase, and I didn't think it would be wise of him to have indicated that I had. I think he was upset that I changed my mind. I didn't want to go to another store and try to make a purchase and have it denied because a background check had been done within 30 days. I think I will give him a chance to meet the competions price and if not go elsewhere.

Thanks again;

Ric

If a handgun sale is not completed after a check is conducted the dealer must inform the state police. It is in the Virginia Dealers handbook.

My Pocket Pistol BUG is a Ruger LCP .380. Soon to be replaced by a SAME SIVE, Kimber Solo 9mm as soon as it comes in.

Thundar said:

If a handgun sale is not completed after a check is conducted the dealer must inform the state police. It is in the Virginia Dealers handbook.

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Now isn't that interesting. So it would seem if he followed the law, and notified the state police that the sale was not completed, and I decide I want to purchase from him he would have to run another background check just as any other store would, or is he able to use the original approval for the 30 day period? Also, his statement of I would not be able to buy another gun for 30 days does not hold water, because I actually did not buy.

Ric R said:

he would have to run another background check

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Yep, cuz it is for the GUN you are puchasing (I think)

ed said:

Yep, cuz it is for the GUN you are puchasing (I think)

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Er I dont believe so... the only reason for that would be if you intended to buy a pistol and changed your mind for a revolver or rifle or whatever combo you want.

I'll have to double check.

SouthernBoy said:

There are two exceptions to this. One is if you are a holder of a CHP. The other is if you are trading/replacing a handgun.

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Yes, they are covered by the subdivisions 1, 2 and 3. I did not copy in the entire part of the code in order to save some space.

A 380 is a good ankle gun, but not a primary gun for self defense. (in my opinion) I have seen the 380s jam too often on the range.

While not a fan of Glock, I do believe there are plenty of 9mm firearms out there that are compact and it is powerful enough for a primary gun.

I carry a 45 ACP or a 40, but that is just my preference. I am reminded of how nice a 9mm is every time I buy a box of ammo. 9mm is less than ½ the cost of either of mine.

Good luck on what ever you choose.

SirTiger said:

Er I dont believe so... the only reason for that would be if you intended to buy a pistol and changed your mind for a revolver or rifle or whatever combo you want.

I'll have to double check.

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So, you think if I go back and buy a gun from the dealer who ran the original background check within 30 days, that he won't have to run another background check? That is kind of what the dealer was telling me. The check was good for 30 days.

No it's not. It would be for a different serial number and a new check is required. But the 30 day rule doesn't apply if you didn't buy anything the first time. Easier to get a CCW in VA and not worry about the 30 day rule.

Gunslinger said:

Easier to get a CCW in VA and not worry about the 30 day rule.

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Blasphemy!
You Spruce Yuppies have strange ideas.

Maybe it'd be easier yet if Va just had gun owner licenses where everyone that owned guns just filled out an annual form. No test or fee, just a quick and simple shall issue registration.

NOTE:
Just to get the syntax right, even though this is NOT a permit board....In Virginia, it's CHP, not CCW!
Concealed Handgun Permit

peter nap said:

Blasphemy!
You Spruce Yuppies have strange ideas.

Maybe it'd be easier yet if Va just had gun owner licenses where everyone that owned guns just filled out an annual form. No test or fee, just a quick and simple shall issue registration.

NOTE:
Just to get the syntax right, even though this is NOT a permit board....In Virginia, it's CHP, not CCW!
Concealed Handgun Permit

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Good comment, incl. sarcasm.