I have three questions concerning VA’s one handgun per 30-day law. Any info that you can provide is appreciated.

1. According to § 18.2-308.2:2, a handgun bought in a private sale is exempt from the 30-day period. However, if I buy a gun from a dealer (not a private sale) and then buy a gun in a private sale less than 30 days later, will it not appear to the VA State Police that I purchased two handguns within a 30 day period as a background check still needs to be conducted for both sales? If I buy a handgun from an individual (not a dealer) online and have it shipped to my local FFL for receipt and transfer, is that still considered a private sale since the seller was not a dealer?

2. What counts as a “purchase”? For instance, if I buy a handgun from a dealer and then 29 days later, I order a handgun from a dealer online to be shipped, received, and transferred at my local shop, am I in violation of the law if the second gun arrives and I wait until after the 30 day period to conduct the transfer? Basically, is a purchase considered the moment when I pay for a handgun or the moment that the background check is completed?

3. What is the state’s mechanism for enforcing this law? Is it reliant upon someone reporting what appear to be multiple handgun purchases within a 30 day period? Is it reliant upon the police reviewing background check or audits of FFLs? Has anyone been prosecuted for violation of this law?

I ask these questions because my county is dragging its feet on sending my CCW permit and a couple handguns a good prices have caught my attention, but I’ve bought a handgun within the past 30 days. Hence, I want to ensure that I 1) comply with the law and 2) don’t short change myself on an opportunities to buy these guns.

Thanks!

The first part is tricky. In the past, an out of state transfer is technically not a private sale, no matter who it's from, because it has to be logged into the book of the FFL, then logged out to you. You may get some FFLs will try it and some that won't. And maybe the new AG has a different opinion on which to go after.

#2
It is counted by when you do the background check. So, once again, different stores may have a different opinion on what they allow, but you may out a gun on layaway until the 30 days are up, or your permit arrives.

#3
They'll ask you if you have purchased a handgun in the last 30 days, and ask for a CHP if you have. I presume that gets entered as an exemption when they put the information in to the VSP site and gets kicked back if you are in violation.

I am not licensed to practice law, and I am not giving legal advice.

I had exactly the same question.

1. I just called the Virginia State Police Firearms Transaction Center Help Desk and they told me that even for private sales, a 30 day period is needed since it goes through an FFL. I am confused about this as well.

2. I called an FFL previously and they told me that purchase counted is the day of the background check.