Universal Background Check (UBC) Exemptions

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.

So, I’m not going to cut and paste code section but I’ll give a brief overview of some exemptions to the laws that go into effect today, July 1:

1: UBC apply only to gun SALES. Gun trades are not applicable. So a straight swap of Your Glock 17 for Someone’s S&W 686 does not require a background check or FFL.

2: One Handgun per Month exemptions- people who passed a VSP enhanced background check, Law Enforcement officers, state and local correctional officers, PERSONS WITH A VALID VIRGINIA CHP, purchased of handguns in a private sale.

Called ATF and after being forwarded to 3 different experts the last one said that private trade/swap is still allowed in VA between 2 VA residents as its not considered a sale. But he was not willing to send me an email confirmation.

Presuming the party you spoke with is in WVA/VA both are single party consent states.
You being part of the conversation you could legally record your conversation.


Per VCDL VA Alert:
Private sales, where a gun is sold in exchange for money, goods, services, or anything of value, must go through a background check effective July 1.
A gun given as a gift with nothing in return, or loaned to someone, does not require a background check.

I will post the code as it is written. Also, good luck if you have to prove in court that a trade isn't a 'good' or 'anything else of value'. Hope your lawyer is REALLY GOOD to prove that.


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 з 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 з 18.2-308.2:2, and the definitions and provisions of з 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 з 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 з 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 з 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.

The ATF does not enforce Virginia laws, so their opinion on the matter doesn't hold any weight.

A bit of a threat hi-jack, but am I correct that C&R and antiques are exempt?

This thread discusses C&R: https://vaguntrader.com/forums/ubbthreads.php/topics/1656374

I did not see anything about an 03 ffl in that thread? Are you saying that a C&R type 03 licence holder cannot aquire firearms of that type any longer ? Without a backround check .

Ok I jumped the gun xso to speak . I see what I think is the rules regarding C&R firearms...

Agree with the comments. I was just testing the knowledge-base of the agency. They didn't disappoint.

are uppers and parts exempt?

Only the serialized part is considered the firearm...

Ex
on a Glock it would be the frame even though the slide and bbl have serial numbers,
a Sig 365 it would be the serialized trigger assembly,
and an AR it would be the serialized lower..

I have a Walther PPK-S1 for sale on the Guns for Sale forum and a VAGunTader member who wants to buy it just told me that we don't have to get a background check done because they have a CCP (I have one as well). My understanding of the new UBC law is that any private sale between two individuals requires a ubc, whether or not you hold a CCP. Is this the case?

The buyer will need to have a “UBC” done at a FFL...

Your CHP exempts you from the new “one gun a month law”.

I just realized today that the 1 handgun in 30 days goes back 30 days from now. So if you bought one a week ago, if you don't have a CHP, you can't buy one today.

Adding back because it applies to the UBC and is a tidbit of information that might prove useful, spark a conversation or maybe create a work around for everyone in VA to tick off the DEMS - I've read and researched the new law, and based on the way it is written (I'm not an attorney but have worked in and around law and regulatory for 25+ years), if you have a legal gun trust, and the firearm in question is listed in the trust, you are exempt from the UBC. The law is currently written identifying a "person" selling or trading for anything of value. A Trust is not a person under the definition; it's a self-sufficient self-standing entity much like an LLC or Corporation. Thus if you have your guns listed in a gun trust, you should be able to sell or trade them without having to perform the UBC and the buyer would have to either as they are not buying from a "person". So, create a gun trust, list your firearms, and have at it.

I cannot find any exemptions to UBC for private sales.

Thanks 19, that is the way I understand the law too. Apparently the potential buyer thinks they have some sort of exemption because they hold a ccp.

8lugs

I have a super dumb question. Does the law apply to rifles and shotguns as well?

Yes

This law applies to anybody who doesn't know how to fiend strip their gun. I just sold last week, an AR-15 upper. The lower came free. Now funds, services, or other things of value for the lower. Remember the democraps don't know anything about firearms, so let them think this is a victory. I don't know of any firearm that doesn't have something that can't be taken off to sell. A revolver has grip panels that can be sold, and the frame is a gift. There is nothing in this BS regulation that says who you can gift to either.

What about the exemptions for 18 to 20 year olds? If a 20 year old with a voter card wants to buy a pistol from me, I think we are ok for the moment.

https://dcist.com/story/20/07/14/virgini...-gun-purchases/

The govt today asked the court to clarify that the ruling only applies to handguns. We asked the court to make clear that it protects those who SELL to 18-20 year olds.

Any news?

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."

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.

post deleted - wrong forum

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 ?

From the excerpt below, it reads antiques and C&R are exempt from the mandatory UBC.

Am I correct in assuming the background checks do not apply to primitive weapons, ie Black Powder rifles?

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" .

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.

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.

"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.

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.

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 😂

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.

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

Are you sure?

The ATF does not enforce Virginia laws, so their opinion on the matter doesn't hold any weight.