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#1656243 - 07/01/20 07:58 AM
Re: Universal Background Check (UBC) Exemptions
[Re: pfomin]
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Matt0898
Regular Guy
Registered: 07/13/15
Posts: 288
Loc: Va
City or County: Mecklenburg/Chesterfield
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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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#1656350 - 07/01/20 01:57 PM
Re: Universal Background Check (UBC) Exemptions
[Re: Wingshooter]
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Agent19
2A 4 All
Registered: 01/12/09
Posts: 3679
Loc: VA
City or County: 22973
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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 gladly take questionable mean tweets, a strong economy, energy independence and a Respected Country, over high inflation, millions of illegals aliens, mask/ vaccine mandates and pedophile in chief.
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#1656400 - 07/01/20 05:12 PM
Re: Universal Background Check (UBC) Exemptions
[Re: pfomin]
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a_s
Gun fool
Registered: 04/10/14
Posts: 1154
Loc: Richmond
City or County: Richmond
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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.
_________________________
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]
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rromeo
Bullseye
Registered: 07/06/10
Posts: 1665
Loc: VA
City or County: Pulaski
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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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#1656445 - 07/01/20 08:30 PM
Re: Universal Background Check (UBC) Exemptions
[Re: pfomin]
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Agent19
2A 4 All
Registered: 01/12/09
Posts: 3679
Loc: VA
City or County: 22973
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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 gladly take questionable mean tweets, a strong economy, energy independence and a Respected Country, over high inflation, millions of illegals aliens, mask/ vaccine mandates and pedophile in chief.
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#1656446 - 07/01/20 08:37 PM
Re: Universal Background Check (UBC) Exemptions
[Re: pfomin]
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cvilleshooter
eurowrench
Registered: 08/17/13
Posts: 171
Loc: centreville
City or County: centreville
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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]
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cvilleshooter
eurowrench
Registered: 08/17/13
Posts: 171
Loc: centreville
City or County: centreville
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Ok I jumped the gun xso to speak . I see what I think is the rules regarding C&R firearms...
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#1656538 - 07/02/20 11:56 AM
Re: Universal Background Check (UBC) Exemptions
[Re: pfomin]
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Alex75
Marksman
Registered: 08/24/15
Posts: 316
Loc: NOVA
City or County: Fairfax Country
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are uppers and parts exempt?
_________________________
“Withholding information is the essence of tyranny. Control of the flow of information is the tool of the dictatorship.”
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#1656540 - 07/02/20 12:24 PM
Re: Universal Background Check (UBC) Exemptions
[Re: Alex75]
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Agent19
2A 4 All
Registered: 01/12/09
Posts: 3679
Loc: VA
City or County: 22973
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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 gladly take questionable mean tweets, a strong economy, energy independence and a Respected Country, over high inflation, millions of illegals aliens, mask/ vaccine mandates and pedophile in chief.
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#1656762 - 07/03/20 12:26 PM
Re: Universal Background Check (UBC) Exemptions
[Re: pfomin]
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8lugnuts
Gun fool
Registered: 01/11/10
Posts: 974
Loc: Virginia, USA
City or County: Appomattox/Lynchburg
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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]
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Agent19
2A 4 All
Registered: 01/12/09
Posts: 3679
Loc: VA
City or County: 22973
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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 gladly take questionable mean tweets, a strong economy, energy independence and a Respected Country, over high inflation, millions of illegals aliens, mask/ vaccine mandates and pedophile in chief.
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#1656862 - 07/03/20 09:52 PM
Re: Universal Background Check (UBC) Exemptions
[Re: pfomin]
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rromeo
Bullseye
Registered: 07/06/10
Posts: 1665
Loc: VA
City or County: Pulaski
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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]
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MrRadioActive
Challenge Everything!
Registered: 06/13/18
Posts: 1032
Loc: Clarksville, TN
City or County: Henrico
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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]
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8lugnuts
Gun fool
Registered: 01/11/10
Posts: 974
Loc: Virginia, USA
City or County: Appomattox/Lynchburg
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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]
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8lugnuts
Gun fool
Registered: 01/11/10
Posts: 974
Loc: Virginia, USA
City or County: Appomattox/Lynchburg
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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]
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Tofurious
Pea shooter
Registered: 06/24/20
Posts: 5
Loc: Virginia
City or County: Norfolk
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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]
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rromeo
Bullseye
Registered: 07/06/10
Posts: 1665
Loc: VA
City or County: Pulaski
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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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#1659221 - 07/15/20 06:55 PM
Re: Universal Background Check (UBC) Exemptions
[Re: pfomin]
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v8unleashed
Tactical Tommy Commando
Registered: 04/04/09
Posts: 2512
Loc: nova
City or County: nova
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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]
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sbrfencer
Bullseye
Registered: 03/29/09
Posts: 1657
Loc: Mechanicsville
City or County: Hanover
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