user
Accomplished Advocate
The three day rule is federal; Virginia also requires the background check but says the dealer isn't in violation of Va. law if he sells after the business day after the date of the transaction. Va. Code § 18.2-308.2:2.
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Clearance time for gun purchase
- Thread starter 1CITIZEN
- Start date
The three day rule is federal; Virginia also requires the background check but says the dealer isn't in violation of Va. law if he sells after the business day after the date of the transaction. Va. Code § 18.2-308.2:2.
TFred
Regular Member
So does this become a similar situation to the GFSZA? The dealer is actually in violation of the federal law, but nobody enforces it?
TFred
jegoodin
Newbie
Did you get the gun?
Which dealer is this?
Which dealer is this?
Thundar
Regular Member
You are correct. The 3 day rule is federal, but in the Virginia Firearms Transaction Manual, signed by the head of Virginia State Police, they define business day as Monday to Friday, except for state holidays. I can do state business every day of the year except for Christmas, and the Virginia Background checks are done every day except Christmas.
My point is that with the exception of Christmas, every day is a business day in Virginia. Where does the Superintendant of the Virginia State Police get the authority to make this sort of policy decision, defining business day in a more limited manner, in support of the feds?
Yes, I finally got the gun. My request was initially phoned into VSP at a little after 1000 on 2/12. My request was 'delayed', and the dealer was told he could release the gun to me on 2/19 after 1130 if not 'approved' or 'denied' prior to that. The dealer finally received the 'approved' call on 2/19 at 1433.
I know there was once a '3-day rule'; I'll say no more on that. I also know the dealer was specifically authorized to release the gun to me 169 plus hours after the initial 'delayed' date/time. So much for 3-days.
The dealers primary business is not guns, and I'd prefer to not identify him.
user
Accomplished Advocate
See Va. Code § 18.2-308.2:2(B)(6). I don't think that the manual is part of the Virginia Code of Administrative Regulations which means it has no binding effect on anyone except employees of the Department. And I don't think that there's any statute giving the VSP the power to make administrative regulations about that, anyway. So I doubt that the manual creates any limitation on a dealer's ability to transfer the gun under Virginia law.