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Old January 11, 2010, 09:28 PM   #1
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Join Date: January 11, 2010
Location: Chesapeake, Virginia
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Is there a Virginia lawyer in the house ?

Being a new C&R FFL holder I emailed the VA State Police to ask how VA' s
one handgun per month law pertains to C&R firearms. This was there response:
Virginia Code Section 18.2-308.2:2 requires a criminal history record information check prior to the sale or transfer of a firearm by a licensed firearms dealer, and exempts transactions between licensed firearm importers or collectors, manufacturers, or dealers. This exemption includes curios, relics, or antique firearms. Due to this exemption, a licensed collector is also not subject to Virginia’s handgun purchase restriction, which is governed by the same statute.

Please read the last sentence of this code excerpt and let me know if I am
exempt from this restriction for "modern" handguns as well.

Thank you,
gesshots / Chesapeake, VA
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Old January 11, 2010, 09:39 PM   #2
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I'm no lawyer but maybe this helps or is relevant:

Pursuant to Virginia Code Annotated § 18.2-308.2:2(P), it is unlawful for any person who is not a licensed firearms dealer to purchase more than one handgun within any 30-day period. This requirement does not apply to:
A law enforcement officer or agency or other agency authorized to perform law enforcement duties;

State and local correctional facilities;

Private security firms licensed to do business with the state;

The purchase of antique firearms;

A person whose handgun is stolen or lost and who “deems it essential that such handgun be replaced immediately.” The person must provide a copy or summary of a police report;

A person who trades in a handgun at the same time he or she purchases a handgun as part of the same transaction so long as only one such transaction occurs per day;

A concealed carry permit holder;

A private handgun purchase.

In addition, the provision does not apply to persons who have been issued a nontransferable certificate by the Department of State Police. The certificate is valid for seven days from the date of issue and can only be obtained after completion of an “enhanced background check” and a special application listing the number and type of handguns to be purchased and the purpose for the purchase above the limit (including lawful business or personal use, as part of a collection, or as a bulk purchase from an estate sale). Applications must be signed under oath and require proof of residency and identity. The certificate must be surrendered to the dealer by the prospective purchaser prior to the transfer. Id.
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Old January 12, 2010, 10:09 AM   #3
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I also am not a lawyer.

My reading of the Virginia Code leads me to believe that the exemption does not apply to modern handguns. In 18.2-308.2, Virginia defines "antiques" to include curios and relics. The state's definition of curios and relics is identical to the BATFE.

The exemption that Virginia allows for C&R handguns applies specifically to antique handguns, as defined by subparagraph G (which is way too lengthy to quote here.) The exemption is due to the firearm's status as an antique (as defined by Virginia), not the purchaser's FFL license.

Virginia defines a "dealer" in the same way that the BATFE does. A C&R holder is not a dealer.

To summarize: The Virginia Code allows an exemption to the one handgun per 30 day rule to those handguns that are defined as "antiques" (which includes curios and relics). The fact that you are a C&R holder is irrelevant. A licensed collector is not a dealer.
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Old January 12, 2010, 07:09 PM   #4
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Please read the last sentence of this code excerpt and let me know if I am
exempt from this restriction for "modern" handguns as well.
The exemtion is only good for C & R purchasing like the C & R license it self.
However if you were to get a CCW permit you can purchase as many modern firearm hand gun's as you want per month, you would truly be exempt from th one hand gun per month using CCW.
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Old January 13, 2010, 04:39 PM   #5
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Join Date: January 11, 2010
Location: Chesapeake, Virginia
Posts: 2
Thank You

I would like to thank everyone who respnded to my first firing line post.
The information was very helpful.

Best Regards,
gesshots is offline  

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