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#1660168 - 07/20/20 10:45 AM Re: Universal Background Check (UBC) Exemptions [Re: pfomin]
v8unleashed Offline
Tactical Tommy Commando

Registered: 04/04/09
Posts: 2511
Loc: nova
City or County: nova
An amended order was issued, it states "The Department of State police and all law enforcement divisions, agencies, and officers within the Commonwealth, are hereby enjoined from enforcing Virginia Code Section 18.2-308.2:5 in the context of handgun sales to adults under the age of 21."

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#1748673 - 03/30/21 04:08 PM Re: Universal Background Check (UBC) Exemptions [Re: pfomin]
ct241 Offline
Bolt action

Registered: 07/05/12
Posts: 193
Loc: Central VA
City or County: Lynchburg
Originally Posted By: pfomin
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.


This thread got sidetracked pretty quick but here's my take on the question you originally asked:

I'm not a lawyer, but the way I read this statement, it seems to suggest that Curio and Relic items as well as antiques are exempt from needing a UBC. Having a C&R license doesn't impact this; its the items themselves that are exempt.

I am a C&R holder, and called in on the original VSP/ATF webinar. State police blatantly spread misinformation (said I should be doing background checks on all my transactions prior to these laws.... as if I have access to NICS system...ATF website clearly says I don't need to do this), so I don't trust anything they say. I spoke with an ATF agent and he confirmed my assumption... but again ,he's not a lawyer either.

I would be very interested to hear this confirmed by a lawyer. IT should also be very clearly displayed on the forum. That would in effect re-open a lot of private sales that people who don't know the law assume was banned.

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#1752615 - 04/10/21 08:52 AM Re: Universal Background Check (UBC) Exemptions [Re: pfomin]
madrenj Offline
Pea shooter

Registered: 03/11/15
Posts: 23
Loc: VA
City or County: Chester
post deleted - wrong forum


Edited by madrenj (04/10/21 09:38 AM)

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#1760481 - 05/03/21 04:15 PM Re: Universal Background Check (UBC) Exemptions [Re: pfomin]
shootergdv Offline
Marksman

Registered: 07/08/10
Posts: 287
Loc: VA
City or County: Rustburg
The post linked above in re C&R may be gone ?
Thinking of selling a 1944 Springfield M1 - is this a C&R or is UBC required ?

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#1764635 - 05/16/21 03:47 PM Re: Universal Background Check (UBC) Exemptions [Re: shootergdv]
jr45 Offline
Gun fool

Registered: 11/30/08
Posts: 1083
Loc: VA
City or County: Stafford
From the excerpt below, it reads antiques and C&R are exempt from the mandatory UBC.

Quote:
H. 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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#1783431 - 07/11/21 03:31 PM Re: Universal Background Check (UBC) Exemptions [Re: pfomin]
JohnMc Offline
Marksman

Registered: 03/12/09
Posts: 237
Loc: Chesapeake, Va
City or County: Chesapeake
Am I correct in assuming the background checks do not apply to primitive weapons, ie Black Powder rifles?
_________________________
You don't need a parachute to skydive, you only need a parachute to skydive twice...

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#1804145 - 09/14/21 08:40 AM Re: Universal Background Check (UBC) Exemptions [Re: pfomin]
shootergdv Offline
Marksman

Registered: 07/08/10
Posts: 287
Loc: VA
City or County: Rustburg
I asked the State Atty. Gen. office to confirm that the Virginia definition of curio and relics matches the ATF's . No answer after 3 months . The ATF site states a firearm in it's original configuration is included after 50 years even if not on the list.
That would mean 1950's Russian SKS's would be included ?
State Police lady at gun show would not confirm or deny ! Said
"We recommend getting BG check on all sales" .

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