Receiving a Handgun as a gift...out of state

[peter nap]

I stand corrected.

 

[wrearick]

I did not say it was not. The point was the the current possessor has to get it, lawfully, to the FFL in VA. And he can't use Uncle Bob to do it. {sorry, I took your response to say that my "proposed" process did NOT meet the Federal Law requirements and that my dad had to ship it directly to a VA FFL, and could not use a Michigan FFL to ship it for him}

There is no requirement for a background check. It is an overreach of federal authority to stipulate how a state 'licenses' an individual, just as it is to require that state's law enforcement authorities verify the qualifications. You may want to read the quoted regulation again...it does not impose ANY restrictions on how a state licenses an individual.....rather it imposes a 2 part requirement - to be exempt you must 1. be licensed by the state and 2. that state's licensing process must include a background check. - If it doesn't you do not meet the criteria for the exemption. It does not invalidate in any way your license or the states ability to set it's own requirements for licensing. In determining if a state will recognize the CCP/CHP/(whatever they call it) from another state some states criteria considers whether or not the issuing states' process involves range time, or X number of hours, or requires a classroom attendance vice online training, etc. They don't say the issuing state licensing is invalid or wrong they just refuse to accept/recognize those from states whose procedure does not include certain criteria.....the exemption "criteria" in the federal GFSZA is exercising the same prerogative

Our interpretations differ on GFSZ, but that is neither here nor there. The law has never been enforced on an otherwise lawful person. I doubt it ever will, as doing so will surely cause it to be ruled unconstitutional, again.

Comments above in Blue text

 

[skidmark]

wrearick -

Is there any reason to believe that 1) you could not pass a background check, or 2) if you got smacked by a bus on the way to the Va FFL that your father in Michigan could not pass a background check so he could get his handgun back?

If not, this discussion seems like a room full of students practicing pilpul. http://en.wikipedia.org/wiki/Pilpul

stay safe.

 

[peter nap]

wrearick -

Is there any reason to believe that 1) you could not pass a background check, or 2) if you got smacked by a bus on the way to the Va FFL that your father in Michigan could not pass a background check so he could get his handgun back?

If not, this discussion seems like a room full of students practicing pilpul. http://en.wikipedia.org/wiki/Pilpul

stay safe.

Some day Skid....I'm going to ask the question here "What if COW really spelled dog"....then watch the board go down from the number of reasons it really does spell CAT.:uhoh:

 

[skidmark]

stay safe.

 

[wrearick]

wrearick -

Is there any reason to believe that 1) you could not pass a background check, or 2) if you got smacked by a bus on the way to the Va FFL that your father in Michigan could not pass a background check so he could get his handgun back?

If not, this discussion seems like a room full of students practicing pilpul. http://en.wikipedia.org/wiki/Pilpul

stay safe.

Skid, answer to both questions is no. My reason for asking my similar question to the OP was my father will never travel far from home in Michigan now due to dialysis requirements (I know there are centers here where he could go and receive treatment but it isn't going to happen). I am happy to hear of a legal course of action that allows him to ship it to me as taking time off from work and driving/flying to Michigan to receive the firearm would probably cost more than it would for me to buy two equivalent firearms.

If I appeared to be splitting hairs wrt to Notalawyers answer, I apologize but I found his answer to my question seemed to indicate my father could not ship via a FFL in Michigan but either had to commercially ship it or hand deliver it to a Virginia FFL. NAVY LCDR called him on his incorrect response to which Notalawyer then claimed that was not what he meant and then went down the "it shouldn't matter cause they don't have the right to make that law...." rule violation. I appreciate Navy LCDR setting the record straight and I was pointing out that IMHO notalawyer was reading things into the wording that were not there and suggesting that the federal law was overriding (or attempting to) state law. If I was wrong in that opinion please correct it. I believe the purpose of this forum (and my goal in the post) was to provide a factual source of information on the laws in Va concerning the RKBA. I am finding notalawyer to be closer to DMB in his "knowledge" than others like you, grape, and peter.

 

[skidmark]

.... I am finding [redacted] to be closer to DMB in his "knowledge" than others like [also redacted].

That's going to leave a mark that will not buff out.

stay safe.

 

[user]

You!! of all people,,, Mr. NO P4P...
Why not flout a stupid unconstitutional Non Law??

I have been Legally walking by schools in Washington and Utah for years.

And now Im gonna start doing it in Vermont!
I,,, am now in possession of the first issued, Out of State, Non resident VERMONT concealed carry permit!!!
Sooo now, I can flout the FGFSZA law!!! And I dont care who hears me say that, or sees me do that!!!

I respect your position on civil disobedience, and your willingness to spend the next five years in a federal penitentiary in support thereof. I've got other things to do, myself, so I'm not going to do that. And, as Mao Tse-Tung said, "Political power is a flower that grows from the muzzle of a gun.", and the United States has bigger and better guns than I do, and there's more of them than there is of me. Besides, we fought that war over the Constitution about a hundred and fifty years ago, and Virginia lost, fair and square, and the Constitution is, as a result of that war, now occupied territory under the control of the United States, and it means whatever the United States says it means. You are living in a conquered and occupied state, you know that, right? It's not a question of "right", it's a question of "power"; is it tyranny? Sure. And your point is?