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Provided you are over the age of 18 (21 for handguns) and can pass the state and federal background checks, it is relatively easy to buy a firearm in the state of Virginia. If you're buying from a private seller, you don't even need to complete a background check, although some private sellers may request that you do before they complete the transaction. Virginia doesn't require you to register firearms or have a permit to own or open-carry firearms. However, you do need a permit if you want to carry a handgun concealed. [1] X Research source
Steps
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Bring a valid government-issued photo ID if you're going to a gun show. If you want to purchase a gun at a gun show from a private seller, you'll still have to be able to prove that you are over the age of 18 (21 to purchase a handgun). You must have a driver's license or state ID that lists your name, gender, and date of birth. [2] X Research source
- If you're using a driver's license issued by the Virginia DMV, it must have been issued to you at least 30 days before the day of the gun show.
- If you aren't a resident of the state of Virginia, you can buy a rifle or shotgun from a licensed dealer, provided you bring a secondary form of ID to prove your residence.
Tip: You must be a resident of the state of Virginia to buy a firearm from a private seller.
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Discuss your purchase with the individual selling the firearm. Provided you're a state resident, there aren't any significant legal requirements if you want to buy a gun from a private seller, whether at a gun show or elsewhere. All you need to do is agree on a price and the terms of the sale.
- Virginia also doesn't have any requirements regarding the manufacture or composition of a firearm, so you likely want to look it over carefully and make sure it suits your needs and doesn't have any glaring defects.
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Provide your complete name and address to the seller. While it isn't legally required, the Virginia State Police recommends that private sellers keep a logbook that lists the name and address of anyone they sell a firearm to, along with the make, model, and serial number of the firearm and date of purchase. [3] X Research source
- Keep in mind that because you're buying the gun from a private individual, your name will not show up in the chain of ownership for the gun. This means if the gun is found at the scene of a crime, the seller will come up as the last owner of the gun with that serial number. The log is primarily to protect the seller, but also protects you in case the gun is stolen.
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Comply with a background check if the seller requests one. While there is no law in Virginia that requires an unlicensed private individual to run a criminal background check before they sell a firearm to someone else, private individuals are restricted from selling a firearm to someone they know is ineligible to purchase a firearm. If you're at a gun show, Virginia State Police will be on hand to conduct background checks for anyone who asks for one. [4] X Research source
- You can also order your own background check ahead of time by going to the nearest Virginia State Police headquarters and completing an application. However, these do take approximately 15 days to complete, so plan in advance if you want to bring along your own background check.
- If you don't want to go through with the background check, simply find an individual who is willing to sell to you without one.
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Complete the purchase of your firearm. There are no further legal requirements if you want to purchase a firearm from a private seller. All you have to do is make payment and leave with your firearm. However, you want to make sure you comply with Virginia laws regarding the carrying of firearms as you transport the gun home.
- Generally, you can open-carry any firearm as long as it isn't loaded. If you also have ammunition, it's a good idea to store the ammunition separately.
- If you purchase a handgun, you can put it in the glove compartment or a similar concealed area of your vehicle for transport, even if you don't have a concealed carry permit.
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Confirm that you meet the eligibility requirements to purchase a firearm. While Virginia doesn't have its own eligibility requirements to purchase a firearm, you must meet the federal requirements. The Virginia State Police has an eligibility test, available online at https://www.vsp.virginia.gov/Firearms_PurchaseEligibility.shtm , that you can use to quickly determine if you're eligible to purchase a firearm. Generally, you must meet the following requirements: [5] X Research source
- Be at least 18 (21 to purchase a handgun)
- Never convicted of a felony or misdemeanor that carries a maximum sentence of 2 years or more
- Under indictment for a felony, subject to an active warrant, or under a restraining order
- US citizen or lawful permanent resident of the US
- Not convicted of use or possession of illegal drugs within the past year
- Not acquitted of a charge by reason of insanity, or found by a court of law to be insane, incompetent, or mentally incapacitated
- Not dishonorably discharged from the US Armed Forces
- Not convicted of a misdemeanor domestic violence charge
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Visit a licensed firearms dealer. Licensed firearms dealers are licensed by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Virginia doesn't have its own licensing or registration requirements.
- You can search the list of federal firearms licensees (FFLs) at https://www.atf.gov/firearms/listing-federal-firearms-licensees if you need help finding a dealer near you. Many of these FFLs have websites you can visit to learn more about the shop before you make the trip.
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Fill out the firearms transaction record forms. Once you find the firearm (or firearms) you want, you must fill out both a state and federal firearms transaction record form. These forms require you to provide identification information as well as answer questions about your criminal background.
- Answer all questions and fill out the form completely. Do not lie on the forms. It is a felony offense and could result in the loss of your right to purchase firearms indefinitely.
- You must also pay a small fee (as of 2019, $2 for Virginia residents and $5 for non-residents) for completion of your background checks. This fee is nonrefundable.
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Present identification to verify your identity and residence. To purchase a firearm, you must provide at least 2 forms of ID. For your primary ID, bring a valid, government-issued photo ID that includes your full name, address, and date of birth.
- Your primary ID must have been issued at least 30 days before the date you purchase the firearm.
- Your secondary ID is to prove your residence. The address shown must be identical to the one you provide on the transaction form. This ID could be a copy of your lease, a current utility or telephone bill, voter registration card, car registration, or a hunting or fishing license.
- If you are buying an assault weapon, you must also bring identification that proves your citizenship status, such as a US birth certificate, valid passport, permanent resident card ("Green Card"), selective service registration card, or voter registration card.
Tip: You don't necessarily have to be buying the gun for yourself. You can buy the gun to give to someone else as a gift. However, you technically need to know if that person is eligible to own the gun.
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Wait for the results of the background checks. The dealer will either transmit your information over the internet or by calling a phone number. The results typically come in a matter of minutes. You'll get a response of "approved," "delayed," or "denied."
- If your background check comes back as delayed, the dealer may need to collect additional information from you before selling you a firearm. If the status remains "delayed" for 3 days, the dealer has the discretion to go forward with the transaction.
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Complete the purchase of your firearm. Once the transaction is approved, you can buy your firearm and take it home. If you live in another state, you may need to have the firearm transferred to a licensed dealer in your state.
- Virginia does not restrict the number of firearms you can purchase in a single transaction.
Tip: If you don't find the firearm you want at that particular dealer, you can look elsewhere. Your background check results are valid for 30 days. However, they are only valid for a single transaction.
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Confirm that you're eligible to get a concealed handgun permit. Generally, if you can pass the background check to buy a handgun from a licensed dealer, you'll likely be eligible for a concealed handgun permit. There are, however, a few additional prohibitions. Specifically, you will not be eligible for a concealed handgun permit if you:
- Have been convicted of 2 or more misdemeanors in the last 5 years
- Have been convicted of assault, assault and battery, sexual battery, discharging a firearm in a public place, or brandishing a firearm in a public place within the last 3 years (or have one of these charges pending)
- Have been convicted of stalking or have a stalking charge pending
- Have received inpatient mental health or substance abuse treatment in the past 5 years
- Have been convicted of drunk driving or public drunkenness in the past 3 years
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Complete a firearm safety training course. You must demonstrate competence with a handgun by taking a training course approved by a state government agency or conducted by a state-certified or National Rifle Association-certified firearms instructor. Your county circuit court may have a list of qualified courses you can take. [6] X Research source
- Online, electronic, or video courses are acceptable. There is no live training requirement.
- If the course issues a certificate of completion, a photocopy of that certificate is sufficient to demonstrate your competence. If the course doesn't issue a certificate, you can also use an affidavit from the instructor of the course.
Tip: Proof of demonstrated competence does not expire and there is no requirement that you complete the training immediately before applying for a concealed handgun permit.
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Fill out the concealed handgun permit application. The concealed handgun permit requires you to provide information about yourself and your criminal background. The questions on the application are similar to those you answered when you filled out the firearm transaction record to purchase your handgun. [7] X Research source
- You can download the application or pick one up at your local circuit court.
- If you answer yes to any of the questions about your criminal background, you are required to provide an explanation of your answer and attach any documentation you have regarding that item. Failure to provide complete information could result in denial of your application.
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Take your application to your nearest circuit court. Concealed handgun permits are issued by circuit court judges. Submit your application to the court clerk's office and pay the fee. As of 2019, the total application fee for a concealed handgun permit is $50 or less, including a $10 fee to issue the permit and fees of up to $40 to cover the cost of background investigations. These fees vary depending on the city or county where you live.
- To find the circuit court nearest you, go to http://www.courts.state.va.us/courts/maps/home.html and click on the appropriate part of the state map.
- You must submit your application at the court in the city or county where you live. There is no requirement that you live there for any specified length of time before applying for a concealed handgun permit.
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Wait to receive your permit in the mail. Provided you meet the eligibility requirements for a concealed handgun permit, Virginia law requires the judge to issue the permit to you. It will be sent to you at the address you provided on your application. While the background investigations may take up to a month, Virginia law requires permits to be issued within 45 days of the date you submit your application.
- If the 45-day period passes and your permit hasn't been issued, the court clerk will certify a copy of your application and send that to you. The certified application works as a temporary concealed handgun permit for up to 90 days, as long as you also have a valid government-issued photo ID.
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Keep your permit on you whenever you're carrying a concealed handgun. Once you have a concealed handgun permit, you're entitled to carry a handgun concealed on your person. However, you must always have your permit with you. Although you aren't required to show the permit to law enforcement, it's a good idea to do so. [8] X Research source
- For example, if you get pulled over for a traffic stop, you might hand over your concealed handgun permit along with your driver's license and let the officer know that you are carrying.
- If you are convicted of being under the influence of alcohol or illegal drugs while carrying a concealed handgun in public, your permit will be revoked and you will be barred from applying for a new permit for 5 years.
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Submit a new application to renew your permit after 5 years. A concealed handgun permit is valid for 5 years. At the end of that period, you can fill out a new application to renew your permit. You don't have to take any additional firearms training.
- Provided you still meet the eligibility requirements for a concealed handgun permit, your permit will be renewed.
- Given that it can take up to 45 days to get the new permit, you may want to apply for a renewed permit a few months before your old one expires if you want to continue to carry.
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References
- ↑ https://www.nraila.org/gun-laws/state-gun-laws/virginia/
- ↑ https://www.showmastersgunshows.com/va-purchase-requirements.html
- ↑ https://www.showmastersgunshows.com/va-purchase-requirements.html
- ↑ https://lawcenter.giffords.org/private-sales-in-virginia/
- ↑ https://www.vsp.virginia.gov/Firearms_PurchaseEligibility.shtm
- ↑ https://www.vsp.virginia.gov/Firearms_ResidentConcealed.shtm
- ↑ https://www.vsp.virginia.gov/downloads/firearms/SP-248%20Concealed%20Handgun%20Permit%20Application%20Rev%2007-16-2020%20(3).pdf
- ↑ https://www.vsp.virginia.gov/Firearms.shtm
About This Article
Article Summary
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To buy a firearm in Virginia from a private seller, all you’ll need is a piece of photo ID, like a driver’s license. Once you’ve shown them your ID, negotiate the price and submit to a background check if required. Background checks are not legally required in Virginia, but police officers are often on hand at gun shows to carry them out if the seller requests. If you’re buying from a licensed dealer, you’ll need to fill out a firearms transaction record form and show them your ID. The dealer will then run a background check online or over the phone before you complete your transaction. Remember that you need to be at least 18 years of age and a Virginia resident to buy a firearm. For tips on how to get a concealed carry permit in Virginia, keep reading!
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"It's been 15 years since I got a gun, and my daddy purchased it for me (I lived in a risky neighborhood). I still have it, and it's legal. However, with the world turning on itself, I felt I needed to look into this further. Thanks for the step-by-step instructions, most all state paperwork is almost impossible to get through. However this is great, thanks!"
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