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#1657696 - 07/08/20 11:30 AM What is the penalty for not doing a UBC in Virginia?
Goldie2 Offline
Bolt action

Registered: 11/01/13
Posts: 100
Loc: Charlottesville
City or County: Charlottesville
Since its not federally mandated its only a crime here in Virginia. Does anyone know the penalty? Asking for a friend.
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#1657706 - 07/08/20 11:58 AM Re: What is the penalty for not doing a UBC in Virginia? [Re: Goldie2]
jr45 Offline
Gun fool

Registered: 11/30/08
Posts: 917
Loc: VA
City or County: Stafford
Though a misdemeanor, it’s a criminal offense and more is planned for this Aug. For those who have not contacted your legislators, do it now! Go here to contact

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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#1657733 - 07/08/20 03:11 PM Re: What is the penalty for not doing a UBC in Virginia? [Re: Goldie2]
FordBoy Offline
Single barrel

Registered: 09/28/15
Posts: 49
Loc: Clarke County, VA
City or County: Clarke County, VA
And just think, how many clueless Virginia's there are that know this is even going on..

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#1657753 - 07/08/20 03:55 PM Re: What is the penalty for not doing a UBC in Virginia? [Re: FordBoy]
blueZ Offline
Marksman

Registered: 07/18/12
Posts: 206
Loc: Virginia
City or County: Richmond
Originally Posted By: FordBoy
And just think, how many clueless Virginia's there are that know this is even going on..


Bingo.

Its an attempt by the enemies of the republic to criminalize those who are likely to be their political opposition.

While buying/selling on here is still safe if you follow the new rules be assured that State Police entrapment attempts will start to happen at some point.
So if someone offers to "skip the paperwork" dont do it!
Even if its a good reputation guy.. once they have something on a guy they can get him to do anything.. thats how drug task fores work and is a likely model in this case as well.
Unscrupulous state police that are more loyal to their paycheck, than their oath, can always be found in any state to participate in a "illegal guns" task force.

Like Sun Tzu said... "Dont fight the enemy where he is strong".. so do not allow them to get leverage on you.
Do a deal only when u can go thru mandated check.

It may be a law thats is repugnant to the constitution and as such is null and void.... but that wont help you when you are in jail..
or worse, being extorted to entrap your friends on here.

Just like in North Korea the constitution guarantees freedom of religion.. but try to be a practicing christian and you will disappear in the Gulag.
... unless a constitution is enforced and respected its just a piece of paper..and this is where we are now..
Wishing this decay of the Commonwealth away, won't make it so.

In the meantime we all need to fight politically together to defeat those who work to sabotage our Republic.



Edited by blueZ (07/08/20 04:00 PM)

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#1657769 - 07/08/20 06:02 PM Re: What is the penalty for not doing a UBC in Virginia? [Re: Goldie2]
nvcdl Offline
Bullseye

Registered: 04/03/13
Posts: 1847
Loc: ORANGE
City or County: Orange
If selling an ar-15 you can sell the upper and stock and include the receiver for free. Totally legal.

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#1657939 - 07/09/20 02:06 PM Re: What is the penalty for not doing a UBC in Virginia? [Re: Goldie2]
Tonyglock40man Offline
Patriotism IS NOT RACISM

Registered: 01/20/11
Posts: 3319
Loc: Virginia
City or County: Capital of the Confederacy Richmond-Williamsburg area
Well consider who made these these laws ........... when do they do ANYTHING that makes any kind of sense ?
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#1657960 - 07/09/20 03:51 PM Re: What is the penalty for not doing a UBC in Virginia? [Re: Goldie2]
Koenreich Offline
Mr. Reasonable

Registered: 10/26/12
Posts: 7027
Loc: Hampton Roads
City or County: Hampton
I think just about all of us feel the same way about the new laws. With that said, I can’t speak for anyone else but I can tell you FOR SURE, I’m not interested in dancing around in any legal grey areas. I enjoy my guns too much to lose them trying to be smarter than the law.

YMMV.
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#1657975 - 07/09/20 05:38 PM Re: What is the penalty for not doing a UBC in Virginia? [Re: Goldie2]
Dlsims Offline
Pea shooter

Registered: 01/10/20
Posts: 1
Loc: VA
City or County: Freeman
Well I can't find a place that will do a background check locally for a private sale. Seems most are refusing in protest.

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#1657987 - 07/09/20 06:48 PM Re: What is the penalty for not doing a UBC in Virginia? [Re: Dlsims]
jr45 Offline
Gun fool

Registered: 11/30/08
Posts: 917
Loc: VA
City or County: Stafford
Originally Posted By: Dlsims
Well I can't find a place that will do a background check locally for a private sale. Seems most are refusing in protest.


Backgrounds will still be performed by the VSP at gun shows. Not being able to find transfer services, animosity, confusion, and anything else that can interfere with us exercising our rights is the intent of this “law”. Contact your legislators letting them know the obstacles you are facing trying to abide by this mess.

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#1658299 - 07/11/20 07:44 AM Re: What is the penalty for not doing a UBC in Virginia? [Re: Goldie2]
DRDinthe703 Offline
Full Auto

Registered: 07/25/11
Posts: 1374
Loc: Virginia
City or County: Ashland
I see a lot of talk about sales but what about trading? Is it considered the same as a sale?
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Dan

"Beware of the quiet man.
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#1658306 - 07/11/20 08:27 AM Re: What is the penalty for not doing a UBC in Virginia? [Re: DRDinthe703]
jr45 Offline
Gun fool

Registered: 11/30/08
Posts: 917
Loc: VA
City or County: Stafford
Originally Posted By: DRDinthe703
I see a lot of talk about sales but what about trading? Is it considered the same as a sale?


I would assume yes for the “anything of value”.
No person shall sell a firearm for money...§ 18.2-308.2:2
Quote:
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 § 18.2-308.2:2


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#1658332 - 07/11/20 11:05 AM Re: What is the penalty for not doing a UBC in Virginia? [Re: jr45]
DRDinthe703 Offline
Full Auto

Registered: 07/25/11
Posts: 1374
Loc: Virginia
City or County: Ashland
Thanks!
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Dan

"Beware of the quiet man.
For while others speak, he watches.
And while others act, he plans. And when they finally rest...he strikes."

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#1658625 - 07/12/20 08:43 PM Re: What is the penalty for not doing a UBC in Virginia? [Re: Goldie2]
netguru Offline
Quack Smacker

Registered: 12/05/12
Posts: 89
Loc: King William County
City or County: King William
Read section A. It explains why you can gift the part of the firearm that is serialized, and sell the other part. Thing upper and lower, or slide and frame. Revolvers are screwed. Also, some other bolt guns. Remember that the ATF is who determines what a "firearm" consists of not the state.

§ 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 § 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 § 18.2-308.2:2, and the definitions and provisions of § 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 § 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 § 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 § 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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#1658665 - 07/13/20 07:09 AM Re: What is the penalty for not doing a UBC in Virginia? [Re: Goldie2]
Koenreich Offline
Mr. Reasonable

Registered: 10/26/12
Posts: 7027
Loc: Hampton Roads
City or County: Hampton
https://www.atf.gov/firearms/firearms-gu...act-definitions

Straight from the horse’s mouth. Receivers ARE firearms, not “parts of a firearm”. Thats why you’ve always had to do a background check on stripped lower receivers when you bought one from a store.

I think where your confusion is coming from is the fact that, without the ability to fire a projectile, receivers are neither rifles or pistols. But regardless, they ARE firearms.

I wouldn’t get myself hemmed up thinking I was smarter than the law.
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I plead the 2nd.

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#1658837 - 07/13/20 06:31 PM Re: What is the penalty for not doing a UBC in Virginia? [Re: Goldie2]
rromeo Offline
Full Auto

Registered: 07/06/10
Posts: 1539
Loc: VA
City or County: Pulaski
To bluntly answer the original question, the penalty is something on your criminal record. Not something I desire.
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#1658847 - 07/13/20 07:46 PM Re: What is the penalty for not doing a UBC in Virginia? [Re: Goldie2]
Punk Offline
Pea shooter

Registered: 02/23/14
Posts: 16
Loc: VA
City or County: Alexandria
A Class 1 misdemeanor is punishable by up to 12 months in jail, a fine of up to $2,500, or both.

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#1658987 - 07/14/20 02:54 PM Re: What is the penalty for not doing a UBC in Virginia? [Re: Goldie2]
Agent19 Offline
2A 4 All

Registered: 01/12/09
Posts: 3257
Loc: Virginia
City or County: Greene
As gun owners we should consider all gun laws unconstitutional.
Jury nullification is a tool we should use, and use often.
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#1659018 - 07/14/20 05:46 PM Re: What is the penalty for not doing a UBC in Virginia? [Re: Goldie2]
Com 45acp Offline
Full Auto

Registered: 12/03/08
Posts: 1299
Loc: Culpeper, Va.
City or County: Culpeper
Interesting how this will turn out since Virginia constitution and federal law allows 18-20 year olds to buy handguns in private purchases.

https://www.virginiamercury.com/blog-va/...-all-gun-sales/

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#1659021 - 07/14/20 06:12 PM Re: What is the penalty for not doing a UBC in Virginia? [Re: Goldie2]
Newgunguy Offline
Bolt action

Registered: 06/06/17
Posts: 164
Loc: Virginia
City or County: Bumpass
Wait, so all I ha e to do is identify as an 18-20 year old right?

Charles.

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#1659541 - 07/17/20 11:50 AM Re: What is the penalty for not doing a UBC in Virginia? [Re: Com 45acp]
Punk Offline
Pea shooter

Registered: 02/23/14
Posts: 16
Loc: VA
City or County: Alexandria
Originally Posted By: Com 45acp
Interesting how this will turn out since Virginia constitution and federal law allows 18-20 year olds to buy handguns in private purchases.

https://www.virginiamercury.com/blog-va/...-all-gun-sales/


Yup, a Virginia judge said the UBC requirement for 18-20 year olds is unconstitutional and issued a statewide injunction against its enforcement. Unfortunately, he said it is constitutional on its face for everyone 21 and up. GOA and VCDL will continue to fight that.

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#1661449 - 07/26/20 07:59 AM Re: What is the penalty for not doing a UBC in Virginia? [Re: Goldie2]
DRDinthe703 Offline
Full Auto

Registered: 07/25/11
Posts: 1374
Loc: Virginia
City or County: Ashland
I'm cross posting this. For anyone close enough to Gander Outdoors in Fredericksburg. I did a private sale there and despite them being a little busy the process was very easy! It's a $15 transfer fee for any sale/buy or trade then $2 for the check for whoever is buying. I'd highly recommend going there. They have the system down pretty well.
_________________________
Dan

"Beware of the quiet man.
For while others speak, he watches.
And while others act, he plans. And when they finally rest...he strikes."

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