Q&A for How to Privately Sell a Gun in Virginia

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Can a Virginia resident sell a handgun to an active-duty military person living in Maryland but with a North Carolina driver's license?

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Yes, but you'd have to go through an FFL dealer. All private sales in Virginia require the buyer to complete a background check.

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Are there restrictions to buying multiple guns, or a combination of a handgun and a long gun?

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It is illegal in Virginia to buy more than one handgun within 30 days. However, you can buy one handgun and a long gun, or multiple long guns. The handgun restriction doesn't apply to law enforcement and licensed private security employees, or to anyone who has a concealed handgun permit.

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If you sell a gun that is in your name and the person you sold it to sells it before registering it in their name, what happens?

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Nothing happens. There's no registration in Virginia, so the gun never was "in your name." Once you sell it to someone else, they're free to do whatever they want with it. Since there's no registration in Virginia, they would never have had any opportunity to "register" the gun in their name.

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Can you privately make a trade for a rifle in the state of Virginia?

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A trade is treated the same as a sale because you're transferring a firearm for something of value. The buyer has to pass a background check through an FFL dealer before you can complete the trade.

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Can I transfer ownership of my gun to my spouse in Virginia?

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Guns aren't registered in Virginia so there's no "ownership" to transfer. Assuming you and your spouse live in the same home, they technically already "own" your gun.

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Does the bill of sale need to be notarized?

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You can get it notarized if you want, but there's no legal requirement to do so. The bill of sale isn't necessarily a legal document, it's just a record of the transaction, like a receipt. Getting it notarized isn't going to make any difference.

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Do the seller and buyer both keep a copy of the bill of sale?

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You can if you want. The bill of sale is just a record of the transaction. Since the buyer has the gun, there's no real reason for them to have the bill of sale, but if they just want a copy of it there's nothing wrong with that.

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I’m a NJ resident. I would like to gift a rifle to my son-in-law who’s a VA resident. How do I do this transfer? Can I just drive from NJ to VA and hand it to him?

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No, you need to conduct the transfer through an FFL dealer in Virginia and your son-in-law will have to pass a federal background check since the firearm is being transferred across state lines.

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If I’m 18 or older am I able to have a handgun given to me and carry it?

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No. You have to be 21 or older to possess a handgun in Virginia, regardless of whether it's given to you. Since you're not legally allowed to possess a handgun at 18, this would technically be an illegal firearms transfer.

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Can a handgun be transferred to a Virginia resident from an out-of-state relative?

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Yes, but you still have to go and have it done with an FFL dealer. They may only charge you 25 dollars.

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Question

Can I sell gun clips in Virginia?

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If you are asking about magazines (including high capacity), the answer is yes.

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If someone is in the military, but is from out of state, can he use a military ID to buy a gun in Virginia?

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Yes, but you have to have a copy of your orders in the state. The same is required to get a conceal carry permit.

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I bought a handgun from a private party. Do I need to re-register it?

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There is no handgun registry of any kind in Virginia. You're in the clear.

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Question

What are the rules for selling lowers for AR rifles in Virginia?

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If the lower is the serial numbered part (as in an AR15) it is effectively the gun. So it has the same rules as transferring any gun.

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Can I sell an AR15 as a private sale to a qualified Virginia resident without doing a background check?

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All private sells of handguns, rifles, and shotguns require a background check. If you knowingly sell an individual who is prohibited from purchasing a firearm, then you have committed a felony.

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Can a shotgun be sold in Virginia by a North Carolina resident?

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Both seller and buyer need ID for ATF form. Background check required for all firearm sales in VA.

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Can I purchase a gun in VA if I moved there and haven't switched over my ID yet?

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You can in private sales, but you should bring along some sort of documentation that shows you are currently moving into VA. Gun stores will not sell you a firearm if your residence is not up to date.

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