8 registered (SDSwoll, louie0914, MagDump187, LockdStockd, keepitreal, DATJR, MrClarke, 1 invisible),
7
Guests and
0
Spiders online. |
Key:
Admin,
Global Mod,
Mod
|
|
#1660168 - 07/20/20 10:45 AM
Re: Universal Background Check (UBC) Exemptions
[Re: pfomin]
|
v8unleashed
Tactical Tommy Commando
Registered: 04/04/09
Posts: 2512
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."
|
Top
|
|
|
#1748673 - 03/30/21 04:08 PM
Re: Universal Background Check (UBC) Exemptions
[Re: pfomin]
|
ct241
Bolt action
Registered: 07/05/12
Posts: 193
Loc: Central VA
City or County: Lynchburg
|
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.
|
Top
|
|
|
#1752615 - 04/10/21 08:52 AM
Re: Universal Background Check (UBC) Exemptions
[Re: pfomin]
|
madrenj
Single barrel
Registered: 03/11/15
Posts: 27
Loc: VA
City or County: Chester
|
post deleted - wrong forum
Edited by madrenj (04/10/21 09:38 AM)
|
Top
|
|
|
#1764635 - 05/16/21 03:47 PM
Re: Universal Background Check (UBC) Exemptions
[Re: shootergdv]
|
jr45
Full Auto
Registered: 11/30/08
Posts: 1272
Loc: VA
City or County: Stafford
|
From the excerpt below, it reads antiques and C&R are exempt from the mandatory UBC. 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.
|
Top
|
|
|
#1783431 - 07/11/21 03:31 PM
Re: Universal Background Check (UBC) Exemptions
[Re: pfomin]
|
JohnMc
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...
|
Top
|
|
|
#1827737 - 11/26/21 01:14 PM
Re: Universal Background Check (UBC) Exemptions
[Re: JohnMc]
|
GoodCheer
Pea shooter
Registered: 12/17/16
Posts: 3
Loc: Indiana
City or County: White County
|
I was researching the Virginia regs to try to figure this out myself. Both for muzzleloading long arms and pistols as well as applicability to percussion revolvers. What I found was a carousel of confusion that I could not sort out due to not being able to nail down the context of things being said in various paragraphs with respect to definitions. The reason for my interest is that though I had purchased percussion revolvers and muzzleloading long arms from people in Virginia in the past there was an occasion recently when someone on this web site would not sell me a muzzleloader because I* wasn't a person in Virginia. So OK, maybe he doesn't like those foreigners whose ancestors moved west. But such an attitude would make more sense to me if there was a legal encumbrance involved so I thought I'd read the law for myself. And (heavy sigh) I still don't know. Another occasion of confusion to me is a currently active for sale thread in the primitive weapons section which indicates a FFL transfer is needed for a replica percussion half stock rifle. Again, I am bumfuzzled, dazed and confused. Best wishes to each and all who struggle with what your legislature has done.
*Currently residing in Indiana.
Edited by GoodCheer (11/26/21 01:15 PM)
|
Top
|
|
|
#1827875 - 11/26/21 09:19 PM
Re: Universal Background Check (UBC) Exemptions
[Re: pfomin]
|
rromeo
Bullseye
Registered: 07/06/10
Posts: 1665
Loc: VA
City or County: Pulaski
|
For most muzzleloading rifles, no background check is required, whether it's a private or FFL sale. There are a few exceptions, such as a Remington 700ML. That's because it uses a Rem 700 receiver. Also, TC has one or two that don't need a background check, but some of them are sold on the same frame as their shotguns and rifles.
Edited by rromeo (11/26/21 09:28 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.
|
Top
|
|
|
#1849333 - 01/29/22 02:42 PM
Re: Universal Background Check (UBC) Exemptions
[Re: pfomin]
|
jd65
Bullseye
Registered: 12/02/08
Posts: 1642
Loc: Chesterfield, VA
City or County: Chesterfield
|
This is how the new Virginia law defines C&R:
"Curios or relics" means firearms that are of special interest to collectors by reason of some quality other than is associated with firearms intended for sporting use or as offensive or defensive weapons. To be recognized as curios or relics, firearms must fall within one of the following categories: 1. Firearms that were manufactured at least 50 years prior to the current date, which use rimfire or conventional centerfire fixed ammunition that is no longer manufactured in the United States and that is not readily available in the ordinary channels of commercial trade, but not including replicas thereof; 2. Firearms that are certified by the curator of a municipal, state, or federal museum that exhibits firearms to be curios or relics of museum interest; and 3. Any other firearms that derive a substantial part of their monetary value from the fact that they are novel, rare, bizarre, or because of their association with some historical figure, period, or event. Proof of qualification of a particular firearm under this category may be established by evidence of present value and evidence that like firearms are not available except as collectors' items, or that the value of like firearms available in ordinary commercial channels is substantially less.
It's part 3 that would capture most of what the ATF would define as C&R (i.e. WW1 & WW2 era weapons because of their association with a historical event), but it gets murky when you get into Cold War era guns, in my opinion. It's a horribly written law.
Edited by jd65 (01/29/22 02:44 PM)
|
Top
|
|
|
#1861718 - 03/02/22 08:50 PM
Re: Universal Background Check (UBC) Exemptions
[Re: pfomin]
|
Jbond
Single barrel
Registered: 04/25/18
Posts: 29
Loc: Virginia
City or County: Prince George
|
Fairly new here and looking for some guidance:
A person I met on here wants to trade handguns, no cash on top or anything. This will be my first time doing so. What steps should be taken to remain legal per day?
As I said, this is my first time so take it easy on me please 😂
|
Top
|
|
|
#1861883 - 03/03/22 10:09 AM
Re: Universal Background Check (UBC) Exemptions
[Re: Jbond]
|
Creig
Double barrel
Registered: 09/09/20
Posts: 86
Loc: VA, USA
City or County: Colonial Beach
|
I am fairly certain you will need to go through a FFL and pay the fee for transferring a firearm for each firearm. It should be noted; I’m not a lawyer nor is this legal advice.
|
Top
|
|
|
#1871162 - 03/27/22 07:14 AM
Re: Universal Background Check (UBC) Exemptions
[Re: Speedyarms]
|
gunslinger123
Pea shooter
Registered: 03/23/22
Posts: 5
Loc: virginia
City or County: alexandria
|
Are you sure?
_________________________
gunner
|
Top
|
|
|
#1871857 - 03/28/22 07:42 PM
Re: Universal Background Check (UBC) Exemptions
[Re: pfomin]
|
Rumor690 BANNED SCAMMER
Pea shooter
Registered: 03/25/22
Posts: 7
Loc: virginia,USA
City or County: Richmond
|
The ATF does not enforce Virginia laws, so their opinion on the matter doesn't hold any weight.
|
Top
|
|
|
|