Posted by: Kennyboyusmc
One Handgun Per 30-day Period Question - 11/06/21 01:39 PM
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!
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!