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PeteZaHut 12-23-2010 04:01 AM

VA - buying a gun and transfering within family
 
I have been through the VA gun laws and haven't been able to find anything this specific. I am 20 years old. If one of my parents were to buy a handgun now, could they just give it to me when I turn 21?

c3shooter 12-23-2010 04:12 AM

If both you and your family live in Virginia, and you are not prohibited by law from owning a firearm, yes. Virginia (along with most of the US) does not have registration of ordinary firearms.

User Name 01-04-2011 09:40 PM

+1 to c3, they can actually give it to you before you are 21. You can legally own a handgun at 18. You just cant legally buy it. So if you parents buy it they can give it to you now. However I would make a bill of sale saying that they gave it to you on the date that it occurred and for how much. If they give it to you then put as a gift. This way you are both protected. If you parents ever get mad at you they cannot claim that its stolen, and if it ever is involved in a shooting, they are covered that it is now in your possession.

mpd8488 01-05-2011 12:04 AM

The reason you cannot find anything specific is because in Virginia the laws don't allow us to do things, they specifically prohibit certain activities. If something isn't prohibited or regulated, it is perfectly legal.

Here is the relevent law:
Quote:

18.2-308.7. Possession or transportation of certain firearms by persons under the age of 18; penalty.
It shall be unlawful for any person under 18 years of age to knowingly and intentionally possess or transport a handgun or assault firearm anywhere in the Commonwealth. For the purposes of this section, "handgun" means any pistol or revolver or other firearm originally designed, made and intended to fire single or multiple projectiles by means of an explosion of a combustible material from one or more barrels when held in one hand and "assault firearm" means any (i) semi-automatic centerfire rifle or pistol which expels single or multiple projectiles by action of an explosion of a combustible material and is equipped at the time of the offense with a magazine which will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock or (ii) shotgun with a magazine which will hold more than seven rounds of the longest ammunition for which it is chambered. A violation of this section shall be a Class 1 misdemeanor.
This section shall not apply to:
1. Any person (i) while in his home or on his property; (ii) while in the home or on the property of his parent, grandparent, or legal guardian; or (iii) while on the property of another who has provided prior permission, and with the prior permission of his parent or legal guardian if the person has the landowner's written permission on his person while on such property;
2. Any person who, while accompanied by an adult, is at, or going to and from, a lawful shooting range or firearms educational class, provided that the weapons are unloaded while being transported;
3. Any person actually engaged in lawful hunting or going to and from a hunting area or preserve, provided that the weapons are unloaded while being transported; and
4. Any person while carrying out his duties in the Armed Forces of the United States or the National Guard of this Commonwealth or any other state.
You can posses a handgun at age 18, but you cannot purchase one from a licensed dealer until age 21. That basically limits you receiving one as a gift or buying in a private party sale. There is a message board called Virginia Gun Trader where Virginian's list firearms for sale/trade.

You also cannot obtain a concealed handgun permit until you are 21, which limits you to carrying openly (which plenty of folks in Virginia do).

This page, though anti-gun, has a very thorough explanation of Virginia's firearms laws:

Legal Community Against Violence

PeteZaHut 01-05-2011 01:47 AM

where do you conclude that you can own a handgun once your 18 as long as you didn't purchase it. The section you quoted says it is illegal for anyone under the age of 21 to possess a handgun.

willfully armed 01-05-2011 01:56 AM

Quote:

Originally Posted by User Name (Post 415118)
You can legally own a handgun at 18. You just cant legally buy it.

WRONG.

AT 18, you can buy handguns 24 hours a day. What you cannot purchase is a handgun from a federally licensed dealer.

Private purchases are entirely legal.

Quote:

Originally Posted by PeteZaHut (Post 415265)
where do you conclude that you can own a handgun once your 18 as long as you didn't purchase it. The section you quoted says it is illegal for anyone under the age of 21 to possess a handgun.

From the cited information, it clearly states 18.

PeteZaHut 01-05-2011 02:04 AM

Quote:

Originally Posted by willfully armed (Post 415273)
WRONG.

AT 18, you can buy handguns 24 hours a day. What you cannot purchase is a handgun from a federally licensed dealer.

Private purchases are entirely legal.



From the cited information, it clearly states 18.

haha I'm such an idiot. I should probably read things more thoroughly.

User Name 01-07-2011 10:52 PM

Quote:

Originally Posted by willfully armed (Post 415273)
WRONG.

AT 18, you can buy handguns 24 hours a day. What you cannot purchase is a handgun from a federally licensed dealer.

Private purchases are entirely legal.



From the cited information, it clearly states 18.

Sorry I left out legally buy it from a licensed dealer. Your right, private party sales are perfectly legal 18+. Sorry I worded that wrong. Thank you for correcting my wording.

canebrake 01-07-2011 11:00 PM

Come on guys;


Only a fool would seek legal advice from a public forum and has a fool for his counselor.

The only thing more stupid than sourcing legal advice from a public forum is providing said advice!

Squirrel_Slayer 01-07-2011 11:04 PM

Cane brings up a valid point, make the OP find out through the proper avenues. Not trying to be a hyprocrate Cane, after thought, you brought up a good point.


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