Buying a hand gun (Virginia)

[Drake]

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I am 20 years old and a resident of Virginia. I've been told people under 21 can obtain and use a handgun if their parents buy it for them. I haven't been able to find much information on the web about this, and was hoping someone could clearify if this is indeed possible. Buying a handgun now would let me practice and become confident with it (only shot rifles and shotguns).


If its possible ...

1) Will I be the legal owner of the gun?
2) How would I transport it (in car and on foot). Would I need to be with my parents? I assume if I can transport it on foot, it would need to be open carry. Not sure if I could transport it in the back of my trunk like I do with my rifle.
3) Will I be able to buy ammo for it at a range?
4) Will I legally be able to carry it openly at parks, if I decide to (I like to hike, and I often go out at night .... not the brighest thing to do since I live in Richmond or Harrisonburg depending on the time in the year).
5) I have an appartment in Harrisonburg (I am in College)... must I check with the landowners if I can have a gun in the place? The residence is for college students but is off-campus.


And please, tell me anything else that I may have missed.


If I can get one, and can use it without too much trouble, I think I may get a Beretta PX4, 9mm.

 

[Citizen]

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Good questions. They show you are alert and thoughtful. I am very cautious about accepting advice about the law where violations can result in legal trouble for myself.

I recommend obtaining a copy of Virginia Gun Laws by Alan Korwin, et al, from Bloomfield Press. Many gun stores have copies. You could also check larger bookstores. It has plenty of useful information andcovers many firearms questions.There is a 2006 edition. Just glance at the copyright date to make sure you are looking at the current one.

For faster information, you could check the Virginia General Assembly's website. They have a statute search tool.

I would definitelydouble-check anyadvice received againstthe actualstatutes.

 

[VAopencarry]

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There is no gun registration in Virginia. I don't know what your objective is by being the 'legal' owner. If for some reason or another law enforcement runs the serial number it will not come back as 'registered to Drake or Drake's parents". Hopefully, it will come back as not stolen or otherwise wanted by the police.

You may openly transport it in your vehicle. Must be in plain sight. Other forms of transport I will let a brighter mind then mine chime in.

Under 21 cannot buy handgun ammo.

Don't know of any parks you can open carry in. Doesn't mean there are not any. I'll defer to brighter minds.

Personally, I wouldn't 'ask' the landlord. Read your lease and see if gun's are not allowed. If there is nothing in your lease saying you can't, then there is no lease violation. It's your call on how to handle it.

Be advised students are not allowed to carry on most campuses, if not all.

I am not a lawyer nor do I play one on t.v.

 

[Citizen]

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I gave you the wrong book title, Drake. My apologies. The correct title is Virginia Gun Owners Guide, same author and publisher.

 

[Mike]

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You can buy handguns thru private sales, or receive as a gift from a person who buys from a dealer.

No reason to get permission or notify a landlord - afterall, as a leaseholder, you have an ownership interestthe property.

 

[Drake]

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VAopencarry wrote:

There is no gun registration in Virginia. I don't know what your objective is by being the 'legal' owner. If for some reason or another law enforcement runs the serial number it will not come back as 'registered to Drake or Drake's parents". Hopefully, it will come back as not stolen or otherwise wanted by the police.

You may openly transport it in your vehicle. Must be in plain sight. Other forms of transport I will let a brighter mind then mine chime in.

Under 21 cannot buy handgun ammo.

Don't know of any parks you can open carry in. Doesn't mean there are not any. I'll defer to brighter minds.

Personally, I wouldn't 'ask' the landlord. Read your lease and see if gun's are not allowed. If there is nothing in your lease saying you can't, then there is no lease violation. It's your call on how to handle it.

Be advised students are not allowed to carry on most campuses, if not all.

I am not a lawyer nor do I play one on t.v.

Well I just assumed that if you "gave" a gun to your son ... you would need to inform someone. I guess VA has no registration of guns, so it doesn't matter who bought it.

The thing about plain sight is what I am confused about. So, I cain't have it locked, unloaded, in a trunk of a car when transporting it? If I must carry on me ... can I have it on my belt or must it be somewhere obvious (like super glue it to the window .... jk). I guess this is where common sense comes in play, but I want to be on the "safe" side.

Seems odd you can't have guns in parks ... or does it just apply to open carry?

I know about the thing for students not being allowed to carry guns. While it isn't illegal, they will kick you off campus. I was reading something about VT fighting that policy but I am not going to test it out ....

 

[vtme_grad98]

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Sitting on your seat is just fine. Locked in your trunk is also perfectly acceptable, because you can't easily access it. However, I'm fairly certain that locked up in your glove compartment would not be acceptable.

 

[Mike]

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Drake wrote:

VAopencarry wrote:

Don't know of any parks you can open carry in. Doesn't mean there are not any. I'll defer to brighter minds.

Seems odd you can't have guns in parks ... or does it just apply to open carry?

I think VAopencarry meant the word "can't."

 

[Mike]

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Drake wrote:

VAopencarry wrote:

Don't know of any parks you can open carry in. Doesn't mean there are not any. I'll defer to brighter minds.

Seems odd you can't have guns in parks ... or does it just apply to open carry?

I think VAopencarry meant the word "can't."

 

[XD Owner]

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VAopencarry wrote:

Under 21 cannot buy handgun ammo.

...

Personally, I wouldn't 'ask' the landlord. Read your lease and see if gun's are not allowed. If there is nothing in your lease saying you can't, then there is no lease violation. It's your call on how to handle it.

...

I am not a lawyer nor do I play one on t.v.

But he can buy 9mm rifle ammo, and if it happens to be compatible with a handgun, well, not his fault. This reminds me, I need to someday buy a Hi-Point 9mm carbine with the red dot scope (list price is only $249!) The Beretta CX4 is a nice carbine too, but much more expensive.

Landlords are not allowed to violate their tenants'Constitutional rights, so they cannot ban the tenant from possessing firearms in the apartment.

If you want to transport a gun in the trunk of your car, perfectly legal as long as it is unloaded andwrapped up (or in one of those plastic cases it came in). This is true in Virginia. Be careful if you are going to other states with it, like New York!

Open carry in state and city parks is allowed, but not in National Parks.

Join the Virginia Citizens Defense League if you have not already. They send out e-mail alerts as well as a newsletter which all help educate its members on the current gun laws as well as proposed gun laws. They are very good at getting local governments to remove "No Guns Allowed" signs from public buildings and parks under city/county/state jurisidiction since those signs are illegal, invalid.

I am not a lawyer either, but I once took the LSAT.

 

[frank]

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go to www.lcav.org go to the map click on va it will tell you all you want to know.

 

[longwatch]

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XD Owner wrote:

Open carry in state and city parks is allowed, but not in National Parks.

Open carry in state parks is not generally allowed except when hunting. Permit holders can CCW, but only CCW.

 

[hirundo82]

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frank wrote:

go to http://www.lcav.org go to the map click on va it will tell you all you want to know.

Or you can check with the NRA; LCAV's information may be correct but I would expect it to have an anti slant.

 

[hirundo82]

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Drake wrote:

1) Will I be the legal owner of the gun?
2) How would I transport it (in car and on foot). Would I need to be with my parents? I assume if I can transport it on foot, it would need to be open carry. Not sure if I could transport it in the back of my trunk like I do with my rifle.
3) Will I be able to buy ammo for it at a range?
4) Will I legally be able to carry it openly at parks, if I decide to (I like to hike, and I often go out at night .... not the brighest thing to do since I live in Richmond or Harrisonburg depending on the time in the year).
5) I have an appartment in Harrisonburg (I am in College)... must I check with the landowners if I can have a gun in the place? The residence is for college students but is off-campus.

1. In Virginia, anybody who is not otherwise prohibited (felons, etc.) can own handguns at 18 years of age. The issue is that federally licensed firearms dealers cannot sell handguns to anybody under 21, but you can buy a handgun in a private sale in Virginia if you are over 18.

Your parents can buy a handgun for you and give it to you as a gift, but you cannot just give them money and have them buy it for you. If your parents already have a handgun that they are willing to sell you you can buy it from them, or from any private citizen of Virginia. Just DO NOT have somebody buy a gun for you with the intention of reimbursing them for it--it is a violation of federal law.

2. If you want to transport a handgun in your car, it either needs to be visible or unloaded and locked away.

3. You can't buy handgun ammo if you are under 21, but so far as I know there is no law against givinga friend who is over 21money to buy it for you.

4. You cannot openly carry in state parks or (as I discovered from this site) national forests--permit holders may carry concealed. Nobody is allowed to carry in national parks. You can open carry in city parks as far as I know, but the hiking in Harrisonburg parks isn't all that great.

5. Don't ask whether guns are allowed in your apartment complex.Asking will often cause them to create a policy if they did not already have one, and more often than not that policy will be "no guns." Just be discrete and assume guns are OK if you are not told otherwise. And don't have any parties at your place without unloading and locking away all guns--guns and alcohol do not mix.

Just a warning--I know some of the Harrisonburg apartment complexes do have no gun policies. A friend of mine had to keep his pistol at a friend's house as his complex had such a policy. I think he lived in South View (I may be incorrect though, as it has been a while; I graduated from JMU in 2003).

 

[VApatriot]

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§ 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.



Through a family member is the only legal way for someone between the ages of 18 and 21 to obtain a handgun for personal protection. My understanding is that you CAN NOT just purchase a handgun in any private sale. However, I have found nothing to make mebelieve that it would be illegal for a family member to purchase a handgun (from either a dealer or in a private sale) and then immediately sell it in a private sale to you. But, don't ask me what a "family member" is. Is it parents and siblings only? Is it aunts, uncles, cousins, ect.?

*Standard disclaimer: I am not a lawyer, and this should not be considered legal advice.

 

[hirundo82]

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§ VApatriot wrote:

My understanding is that you CAN NOT just purchase a handgun in any private sale. However, I have found nothing to make mebelieve that it would be illegal for a family member to purchase a handgun (from either a dealer or in a private sale) and then immediately sell it in a private sale to you.

[/quote]What you are describing is called a "straw purchase," and is prohibited by the Gun Control Act of 1968. Read over Form 4473, in particular question 11a. Notice that it makes no exceptions for the parents of those who are prohibited from purchasing from an FFL because of their age.

The penalty for making false statements on Form 4473:

Title 18 USC, Part 1, Chapter 44, §924

(a) (1) Except as otherwise provided in this subsection, subsection (b), (c), or (f) of this section, or in section 929, whoever—


(A) knowingly makes any false statement or representation with respect to the information required by this chapter to be kept in the records of a person licensed under this chapter or in applying for any license or exemption or relief from disability under the provisions of this chapter;
shall be fined under this title, imprisoned not more than five years, or both.

 

[Mike]

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VApatriot wrote:

Through a family member is the only legal way for someone between the ages of 18 and 21 to obtain a handgun for personal protection. My understanding is that you CAN NOT just purchase a handgun in any private sale.

A minor is someone under 18 years if age. 18-20 year olds may buy handguns in private sales in Virginia.

 

[jimwyant]

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VApatriot wrote:

§ 18.2-309. Furnishing certain weapons to minors; penalty.

I am almost certain that the term "minor" refers to anyone under 18. If I am correct, this statute does not apply, and the previous advice is correct. Can someone verify this? IANAL

Edit: Mike, you posted while I was typing. Thanks for the verification.

 

[hirundo82]

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I had originally included this in my last post, but it apparently got lost in the editing (I have trouble transitioning from vBulletin to this board's software):

§ 1-207. Child; juvenile; minor; infant.

"Child," "juvenile," "minor," "infant," or any combination thereof means a person less than 18 years of age.

 

[Drake]

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hirundo82 wrote

5. Don't ask whether guns are allowed in your apartment complex.Asking will often cause them to create a policy if they did not already have one, and more often than not that policy will be "no guns." Just be discrete and assume guns are OK if you are not told otherwise. And don't have any parties at your place without unloading and locking away all guns--guns and alcohol do not mix.

Just a warning--I know some of the Harrisonburg apartment complexes do have no gun policies. A friend of mine had to keep his pistol at a friend's house as his complex had such a policy. I think he lived in South View (I may be incorrect though, as it has been a while; I graduated from JMU in 2003).

My situation is different.... my roomate parents own the place. Essentially they bought out the one of the places in Hunters Ridge. I think I will ask them for one simple reason, I am resigning my contract in 1 month .... and I know they need me (the place has 4 slots but only 2 people in it ).


Also, my friend was like "well ... I am sure they won't care" so I think I will just ask to be nice. If they decide to say no ... then I get to be like "well, the mill has nice places and only 50 bucks more a month ...."