For the purpose of exemption to the handgun purchase limitation, a private sale is specific to firearms defined as “curios or relics“
The statute, as outlined on our website, states the following “To be recognized as curios or relics, firearms must fall within one of the following categories: (1) Firearms that were manufactured at least 50 years prior to the current date, which use rimfire or conventional centerfire fixed ammunition that is no longer manufactured in the United States and that is not readily available in the ordinary channels of commercial trade, but not including replicas thereof; (2) Firearms that are certified by the curator of a municipal, state, or federal museum that exhibits firearms to be curios or relics of museum interest; and (3) Any other firearms that derive a substantial part of their monetary value from the fact that they are novel, rare, bizarre, or because of their association with some historical figure, period, or event. Proof of qualification of a particular firearm under this category may be established by evidence of present value and evidence that like firearms are not available except as collectors' items, or that the value of like firearms available in ordinary commercial channels is substantially less.”
Therefore, any handgun not recognized as a curio and relic is subject to the handgun purchase restriction of Virginia Code Section 18.2-308.2:2 whether sold by a licensed dealer or unlicensed person.
I trust this information will be of assistance to you.
Sincerely,
Donna K. Tate, Manager
Firearms Transaction Center
http://www.vsp.state.va.us/Firearms.shtm
Department of State Police | Post Office Box 85608 | Richmond, VA 23285-5608 | Tel: (804) 674-2210 (no voice mail) | Fax: (804) 674-2791