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#1656202 - 06/30/20 09:29 PM Universal Background Check (UBC) Exemptions
pfomin Offline
New Worlds Mend a New

Registered: 04/10/10
Posts: 2086
Loc: NOVA
City or County: Loudoun County
Starting 01 July 2020, UBC law comes into play in VA. That being said, there are several listed provisions for exemptions. I copied the law paragraph below and want to ensure that I am reading it correctly. As I understand it, Antiques and C&R items are EXEMPT. Please school me:

I. The provisions of this section shall not apply to (i) transactions between persons who are licensed as firearms importers or collectors, manufacturers or dealers pursuant to 18 U.S.C. § 921 et seq.; (ii) purchases by or sales to any law-enforcement officer or agent of the United States, the Commonwealth or any local government, or any campus police officer appointed under Article 3 (§ 23.1-809 et seq.) of Chapter 8 of Title 23.1; or (iii) antique firearms, curios or relics.

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#1656243 - 07/01/20 07:58 AM Re: Universal Background Check (UBC) Exemptions [Re: pfomin]
Matt0898 Offline
Regular Guy

Registered: 07/13/15
Posts: 178
Loc: Va
City or County: Chesterfield
So, I’m not going to cut and paste code section but I’ll give a brief overview of some exemptions to the laws that go into effect today, July 1:

1: UBC apply only to gun SALES. Gun trades are not applicable. So a straight swap of Your Glock 17 for Someone’s S&W 686 does not require a background check or FFL.

2: One Handgun per Month exemptions- people who passed a VSP enhanced background check, Law Enforcement officers, state and local correctional officers, PERSONS WITH A VALID VIRGINIA CHP, purchased of handguns in a private sale.

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#1656277 - 07/01/20 09:57 AM Re: Universal Background Check (UBC) Exemptions [Re: pfomin]
Wingshooter Offline
Gun fool

Registered: 04/01/11
Posts: 928
Loc: VA
City or County: Loudoun
Called ATF and after being forwarded to 3 different experts the last one said that private trade/swap is still allowed in VA between 2 VA residents as its not considered a sale. But he was not willing to send me an email confirmation.

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#1656350 - 07/01/20 01:57 PM Re: Universal Background Check (UBC) Exemptions [Re: Wingshooter]
Agent19 Offline
2A 4 All

Registered: 01/12/09
Posts: 3258
Loc: Virginia
City or County: Greene
Originally Posted By: Wingshooter
Called ATF and after being forwarded to 3 different experts the last one said that private trade/swap is still allowed in VA between 2 VA residents as its not considered a sale. But he was not willing to send me an email confirmation.



Presuming the party you spoke with is in WVA/VA both are single party consent states.
You being part of the conversation you could legally record your conversation.


Per VCDL VA Alert:
Private sales, where a gun is sold in exchange for money, goods, services, or anything of value, must go through a background check effective July 1.
A gun given as a gift with nothing in return, or loaned to someone, does not require a background check.
_________________________
"I'll be your Huckleberry."

“All lives matter.”
There are exceptions, though!

Get out and vote!
Cut the purse strings for your liberal kids!
Educate the people in your life.

TRUMP 2020
He’s clearly the best choose!




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#1656400 - 07/01/20 05:12 PM Re: Universal Background Check (UBC) Exemptions [Re: pfomin]
a_s Offline
Gun fool

Registered: 04/10/14
Posts: 996
Loc: Richmond
City or County: Richmond
I will post the code as it is written. Also, good luck if you have to prove in court that a trade isn't a 'good' or 'anything else of value'. Hope your lawyer is REALLY GOOD to prove that.


18.2-308.2:5. Criminal history record information check required to sell firearm; penalty.

A. No person shall sell a firearm for money, goods, services or anything else of value unless he has obtained verification from a licensed dealer in firearms that information on the prospective purchaser has been submitted for a criminal history record information check as set out in з 18.2-308.2:2 and that a determination has been received from the Department of State Police that the prospective purchaser is not prohibited under state or federal law from possessing a firearm or such sale is specifically exempted by state or federal law. The Department of State Police shall provide a means by which sellers may obtain from designated licensed dealers the approval or denial of firearm transfer requests, based on criminal history record information checks. The processes established shall conform to the provisions of з 18.2-308.2:2, and the definitions and provisions of з 18.2-308.2:2 regarding criminal history record information checks shall apply to this section mutatis mutandis. The designated dealer shall collect and disseminate the fees prescribed in з 18.2-308.2:2 as required by that section. The dealer may charge and retain an additional fee not to exceed $15 for obtaining a criminal history record information check on behalf of a seller.

B. Notwithstanding the provisions of subsection A and unless otherwise prohibited by state or federal law, a person may sell a firearm to another person if:

1. The sale of a firearm is to an authorized representative of the Commonwealth or any subdivision thereof as part of an authorized voluntary gun buy-back or give-back program; or

2. The sale occurs at a firearms show, as defined in з 54.1-4200, and the seller has received a determination from the Department of State Police that the purchaser is not prohibited under state or federal law from possessing a firearm in accordance with з 54.1-4201.2.

C. Any person who willfully and intentionally sells a firearm to another person without obtaining verification in accordance with this section is guilty of a Class 1 misdemeanor.

D. Any person who willfully and intentionally purchases a firearm from another person without obtaining verification in accordance with this section is guilty of a Class 1 misdemeanor.
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The Internet: Because experience is overrated and takes too much effort

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#1656416 - 07/01/20 07:25 PM Re: Universal Background Check (UBC) Exemptions [Re: Wingshooter]
rromeo Offline
Full Auto

Registered: 07/06/10
Posts: 1541
Loc: VA
City or County: Pulaski
Originally Posted By: Wingshooter
Called ATF and after being forwarded to 3 different experts the last one said that private trade/swap is still allowed in VA between 2 VA residents as its not considered a sale. But he was not willing to send me an email confirmation.

The ATF does not enforce Virginia laws, so their opinion on the matter doesn't hold any weight.


Edited by rromeo (07/01/20 08:02 PM)
_________________________
Never initiate force against another. But should someone do violence to you, retaliate without hesitation, without reservation, without quarter, until you are sure that he will never wish to harm - or never be capable of harming - you or yours again.

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#1656439 - 07/01/20 08:16 PM Re: Universal Background Check (UBC) Exemptions [Re: pfomin]
pfomin Offline
New Worlds Mend a New

Registered: 04/10/10
Posts: 2086
Loc: NOVA
City or County: Loudoun County
A bit of a threat hi-jack, but am I correct that C&R and antiques are exempt?

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#1656445 - 07/01/20 08:30 PM Re: Universal Background Check (UBC) Exemptions [Re: pfomin]
Agent19 Offline
2A 4 All

Registered: 01/12/09
Posts: 3258
Loc: Virginia
City or County: Greene
Originally Posted By: pfomin
A bit of a threat hi-jack, but am I correct that C&R and antiques are exempt?



This thread discusses C&R: https://vaguntrader.com/forums/ubbthreads.php/topics/1656374
_________________________
"I'll be your Huckleberry."

“All lives matter.”
There are exceptions, though!

Get out and vote!
Cut the purse strings for your liberal kids!
Educate the people in your life.

TRUMP 2020
He’s clearly the best choose!




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#1656446 - 07/01/20 08:37 PM Re: Universal Background Check (UBC) Exemptions [Re: pfomin]
cvilleshooter Offline
eurowrench

Registered: 08/17/13
Posts: 149
Loc: centreville
City or County: centreville
I did not see anything about an 03 ffl in that thread? Are you saying that a C&R type 03 licence holder cannot aquire firearms of that type any longer ? Without a backround check .

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#1656447 - 07/01/20 08:42 PM Re: Universal Background Check (UBC) Exemptions [Re: pfomin]
cvilleshooter Offline
eurowrench

Registered: 08/17/13
Posts: 149
Loc: centreville
City or County: centreville
Ok I jumped the gun xso to speak . I see what I think is the rules regarding C&R firearms...

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#1656465 - 07/01/20 10:39 PM Re: Universal Background Check (UBC) Exemptions [Re: pfomin]
Wingshooter Offline
Gun fool

Registered: 04/01/11
Posts: 928
Loc: VA
City or County: Loudoun
Agree with the comments. I was just testing the knowledge-base of the agency. They didn't disappoint.

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#1656538 - 07/02/20 11:56 AM Re: Universal Background Check (UBC) Exemptions [Re: pfomin]
Alex75 Offline
Marksman

Registered: 08/24/15
Posts: 284
Loc: NOVA
City or County: Fairfax Country
are uppers and parts exempt?
_________________________


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#1656540 - 07/02/20 12:24 PM Re: Universal Background Check (UBC) Exemptions [Re: Alex75]
Agent19 Offline
2A 4 All

Registered: 01/12/09
Posts: 3258
Loc: Virginia
City or County: Greene
Originally Posted By: Alex75
are uppers and parts exempt?

Only the serialized part is considered the firearm...

Ex
on a Glock it would be the frame even though the slide and bbl have serial numbers,
a Sig 365 it would be the serialized trigger assembly,
and an AR it would be the serialized lower..
_________________________
"I'll be your Huckleberry."

“All lives matter.”
There are exceptions, though!

Get out and vote!
Cut the purse strings for your liberal kids!
Educate the people in your life.

TRUMP 2020
He’s clearly the best choose!




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#1656762 - 07/03/20 12:26 PM Re: Universal Background Check (UBC) Exemptions [Re: pfomin]
8lugnuts Offline
Marksman

Registered: 01/11/10
Posts: 353
Loc: Virginia, USA
City or County: Appomattox/Lynchburg
I have a Walther PPK-S1 for sale on the Guns for Sale forum and a VAGunTader member who wants to buy it just told me that we don't have to get a background check done because they have a CCP (I have one as well). My understanding of the new UBC law is that any private sale between two individuals requires a ubc, whether or not you hold a CCP. Is this the case?


Edited by 8lugnuts (07/03/20 12:27 PM)

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#1656809 - 07/03/20 05:25 PM Re: Universal Background Check (UBC) Exemptions [Re: 8lugnuts]
Agent19 Offline
2A 4 All

Registered: 01/12/09
Posts: 3258
Loc: Virginia
City or County: Greene
Originally Posted By: 8lugnuts
I have a Walther PPK-S1 for sale on the Guns for Sale forum and a VAGunTader member who wants to buy it just told me that we don't have to get a background check done because they have a CCP (I have one as well). My understanding of the new UBC law is that any private sale between two individuals requires a ubc, whether or not you hold a CCP. Is this the case?

The buyer will need to have a “UBC” done at a FFL...

Your CHP exempts you from the new “one gun a month law”.
_________________________
"I'll be your Huckleberry."

“All lives matter.”
There are exceptions, though!

Get out and vote!
Cut the purse strings for your liberal kids!
Educate the people in your life.

TRUMP 2020
He’s clearly the best choose!




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#1656862 - 07/03/20 09:52 PM Re: Universal Background Check (UBC) Exemptions [Re: pfomin]
rromeo Offline
Full Auto

Registered: 07/06/10
Posts: 1541
Loc: VA
City or County: Pulaski
I just realized today that the 1 handgun in 30 days goes back 30 days from now. So if you bought one a week ago, if you don't have a CHP, you can't buy one today.
_________________________
Never initiate force against another. But should someone do violence to you, retaliate without hesitation, without reservation, without quarter, until you are sure that he will never wish to harm - or never be capable of harming - you or yours again.

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#1656882 - 07/03/20 11:07 PM Re: Universal Background Check (UBC) Exemptions [Re: pfomin]
MrRadioActive Offline
Challenge Everything!

Registered: 06/13/18
Posts: 618
Loc: Richmond, VA
City or County: Richmond
Adding back because it applies to the UBC and is a tidbit of information that might prove useful, spark a conversation or maybe create a work around for everyone in VA to tick off the DEMS - I've read and researched the new law, and based on the way it is written (I'm not an attorney but have worked in and around law and regulatory for 25+ years), if you have a legal gun trust, and the firearm in question is listed in the trust, you are exempt from the UBC. The law is currently written identifying a "person" selling or trading for anything of value. A Trust is not a person under the definition; it's a self-sufficient self-standing entity much like an LLC or Corporation. Thus if you have your guns listed in a gun trust, you should be able to sell or trade them without having to perform the UBC and the buyer would have to either as they are not buying from a "person". So, create a gun trust, list your firearms, and have at it.


Edited by MrRadioActive (07/06/20 09:14 PM)

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#1656886 - 07/03/20 11:21 PM Re: Universal Background Check (UBC) Exemptions [Re: MrRadioActive]
8lugnuts Offline
Marksman

Registered: 01/11/10
Posts: 353
Loc: Virginia, USA
City or County: Appomattox/Lynchburg
I cannot find any exemptions to UBC for private sales.


Edited by 8lugnuts (07/05/20 10:06 PM)

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#1657200 - 07/05/20 10:04 PM Re: Universal Background Check (UBC) Exemptions [Re: Agent19]
8lugnuts Offline
Marksman

Registered: 01/11/10
Posts: 353
Loc: Virginia, USA
City or County: Appomattox/Lynchburg
Thanks 19, that is the way I understand the law too. Apparently the potential buyer thinks they have some sort of exemption because they hold a ccp.

8lugs

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#1657552 - 07/07/20 01:52 PM Re: Universal Background Check (UBC) Exemptions [Re: pfomin]
Tofurious Offline
Pea shooter

Registered: 06/24/20
Posts: 5
Loc: Virginia
City or County: Norfolk
I have a super dumb question. Does the law apply to rifles and shotguns as well?

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#1657601 - 07/07/20 07:04 PM Re: Universal Background Check (UBC) Exemptions [Re: pfomin]
rromeo Offline
Full Auto

Registered: 07/06/10
Posts: 1541
Loc: VA
City or County: Pulaski
Yes
_________________________
Never initiate force against another. But should someone do violence to you, retaliate without hesitation, without reservation, without quarter, until you are sure that he will never wish to harm - or never be capable of harming - you or yours again.

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#1658397 - 07/11/20 05:49 PM Re: Universal Background Check (UBC) Exemptions [Re: pfomin]
netguru Offline
Quack Smacker

Registered: 12/05/12
Posts: 89
Loc: King William County
City or County: King William
This law applies to anybody who doesn't know how to fiend strip their gun. I just sold last week, an AR-15 upper. The lower came free. Now funds, services, or other things of value for the lower. Remember the democraps don't know anything about firearms, so let them think this is a victory. I don't know of any firearm that doesn't have something that can't be taken off to sell. A revolver has grip panels that can be sold, and the frame is a gift. There is nothing in this BS regulation that says who you can gift to either.

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#1659166 - 07/15/20 01:03 PM Re: Universal Background Check (UBC) Exemptions [Re: pfomin]
sbrfencer Offline
Full Auto

Registered: 03/29/09
Posts: 1474
Loc: Mechanicsville
City or County: Hanover
What about the exemptions for 18 to 20 year olds? If a 20 year old with a voter card wants to buy a pistol from me, I think we are ok for the moment.

https://dcist.com/story/20/07/14/virgini...-gun-purchases/

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#1659221 - 07/15/20 06:55 PM Re: Universal Background Check (UBC) Exemptions [Re: pfomin]
v8unleashed Offline
Sharp Shooter

Registered: 04/04/09
Posts: 2468
Loc: nova
City or County: nova
The govt today asked the court to clarify that the ruling only applies to handguns. We asked the court to make clear that it protects those who SELL to 18-20 year olds.

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#1659540 - 07/17/20 11:49 AM Re: Universal Background Check (UBC) Exemptions [Re: pfomin]
sbrfencer Offline
Full Auto

Registered: 03/29/09
Posts: 1474
Loc: Mechanicsville
City or County: Hanover
Any news?

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