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Thread: Question about transferring firearm ownership

  1. #1
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    Question about transferring firearm ownership

    My apologies since this is not an Open Carry question.

    I had a long 2 hour debate amongst friends who recently took an "Intro to Fireams" class for their CHP.

    According to their instructor ...

    In Virginia, one does not need to "register" a firearm. Only a background check during a purchase in a business establishment.

    Also if I wanted to private sell or give my gun to my neighbor, all I need to do is write on paper saying that Mr Neighbor now owns the gun. I just need to sign &date without notorizing it.

    Does this sound right?


  2. #2
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    I believe you can do that. If you've had the firearm for a while and decided you didn't want it anymore, or need some cash.

    I just wouldn't do it a lot.

    It becomes illegal if I knew my neighbor had restrictions on buying a firearm himself and asked me to buy it for him. Or if you buy a bunch of guns and sell to people in a state where there are tighter restrictions.

    The term straw sale comes in to play:

    http://en.wikipedia.org/wiki/Straw_purchase

    In the United States, straw purchases are a felony violation of the Gun Control Act of 1968 for both the straw purchaser (who can also be charged with lying on Federal Form 4473) and the ultimate possessor. One of the questions on Form 4473 is “I am the buyer of this firearm” and the purchaser must answer honestly yes or no, by checking the appropriate box in ink. However, purchase of a firearm as a bona fide gift for someone who can legally own such a firearm is permitted.[1]
    Last edited by BillHoo; 12-05-2011 at 02:44 PM.

  3. #3
    Campaign Veteran roscoe13's Avatar
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    Quote Originally Posted by dashraider View Post
    My apologies since this is not an Open Carry question.

    I had a long 2 hour debate amongst friends who recently took an "Intro to Fireams" class for their CHP.

    According to their instructor ...

    In Virginia, one does not need to "register" a firearm. Only a background check during a purchase in a business establishment.

    Also if I wanted to private sell or give my gun to my neighbor, all I need to do is write on paper saying that Mr Neighbor now owns the gun. I just need to sign &date without notorizing it.

    Does this sound right?

    For a private transfer, no paperwork is required at all. You do need to not have any reason to believe the recipient is prohibited from owning a firearm....

    Roscoe
    "The very atmosphere of firearms anywhere and everywhere restrains evil interference - they deserve a place of honor with all that's good." - George Washington

  4. #4
    Regular Member wylde007's Avatar
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    Cool

    You don't need any documentation unless you wish to keep a record. There is no law requiring it.

    Of course, a savvy person who sells any item having a marketable value should produce a bill-of-sale. That's just good business...
    The quiet war has begun, with silent weapons
    And the newest slavery is to keep the people poor, and stupid
    Novos ordo seclorum ~ Mustaine

    Never argue with an idiot. He will drag you down to his level and beat you with experience.

  5. #5
    Regular Member ProShooter's Avatar
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    Absolutely correct on the handgun registration - there is none.
    James Reynolds

    NRA Certified Firearms Instructor - Pistol, Shotgun, Home Firearms Safety, Refuse To Be A Victim
    Concealed Firearms Instructor for Virginia, Florida & Utah permits.
    NRA Certified Chief Range Safety Officer
    Sabre Red Pepper Spray Instructor
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    Instructor Bio - http://proactiveshooters.com/about-us/

  6. #6
    Founder's Club Member - Moderator ed's Avatar
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    Quote Originally Posted by wylde007 View Post
    You don't need any documentation unless you wish to keep a record. There is no law requiring it.

    Of course, a savvy person who sells any item having a marketable value should produce a bill-of-sale. That's just good business...
    Courtesy of Dan Hawes "user" : http://virginialegaldefense.com/Stuf...ransferBOS.PDF
    Carry On.

    Ed

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    For VA Open Carry Cards send a S.A.2S.E. to: Ed's OC cards, Box 16143, Wash DC 20041-6143 (they are free but some folks enclose a couple bucks too)

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