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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: 302
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: 1152
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: 302
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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#1827737 - 11/26/21 01:14 PM Re: Universal Background Check (UBC) Exemptions [Re: JohnMc]
GoodCheer Offline
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)

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#1827875 - 11/26/21 09:19 PM Re: Universal Background Check (UBC) Exemptions [Re: pfomin]
rromeo Offline
Bullseye

Registered: 07/06/10
Posts: 1649
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.

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#1849330 - 01/29/22 02:34 PM Re: Universal Background Check (UBC) Exemptions [Re: pfomin]
jd65 Offline
Full Auto

Registered: 12/02/08
Posts: 1376
Loc: Chesterfield, VA
City or County: Chesterfield
"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 or curios or relics."

This means that curios or relics, as defined by Virginia law (which is not the same as the ATF definition), are exempt from the mandatory background check.


Edited by jd65 (01/29/22 02:43 PM)

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#1849333 - 01/29/22 02:42 PM Re: Universal Background Check (UBC) Exemptions [Re: pfomin]
jd65 Offline
Full Auto

Registered: 12/02/08
Posts: 1376
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)

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#1861718 - 03/02/22 08:50 PM Re: Universal Background Check (UBC) Exemptions [Re: pfomin]
Jbond Offline
Pea shooter

Registered: 04/25/18
Posts: 12
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 😂

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#1861883 - 03/03/22 10:09 AM Re: Universal Background Check (UBC) Exemptions [Re: Jbond]
Creig Offline
Single barrel

Registered: 09/09/20
Posts: 41
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; Im not a lawyer nor is this legal advice.
_________________________
Simplex sigillum veri

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#1861895 - 03/03/22 10:41 AM Re: Universal Background Check (UBC) Exemptions [Re: pfomin]
Speedyarms Offline
Double barrel

Registered: 11/18/20
Posts: 54
Loc: Virginia
City or County: Chatham
Yes.. To stay legal unless your under 21 yrs old even on an even trade you both have to do a transfer at an ffl.. If your under 21but over 18 you do not have to transfer. 18 to 20 can still do the walmart buy and sell in the parking lot
_________________________
JOHN EBELT

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#1871162 - 03/27/22 07:14 AM Re: Universal Background Check (UBC) Exemptions [Re: Speedyarms]
gunslinger123 Offline
Pea shooter

Registered: 03/23/22
Posts: 5
Loc: virginia
City or County: alexandria
Are you sure?

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#1871857 - 03/28/22 07:42 PM Re: Universal Background Check (UBC) Exemptions [Re: pfomin]
Rumor690 BANNED SCAMMER Offline
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.

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