Giving son a handgun for home defense in Va - Page 2
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Thread: Giving son a handgun for home defense in Va

  1. #11
    Now thats just disgusting:(:(

    KK

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  3. #12
    Join Date
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    I gave my daughter who lives in Newport News, VA, a Glock while she was visiting home here in NE. We just did a proper transfer here in NE as she is still a resident, her hubby is an army type. (She's a former army MP herself) She also recieved from me a Supertuck holster and a box of premium SD ammo. ...They have cleaning and care supplies already as he is armed at home as well. She's the "son" I never had!
    1)"When injustice becomes law, resistance becomes duty." -Thomas Jefferson.
    2)"Imagine how gun control might be stomped if GOA or SAF had the (compromising) NRA's 4 million members!" -Me. http://jpfo.org/filegen-n-z/nraletter.htm

  4. Just because I could walk into a gunstore in Wyoming with my Wyoming driver's license and buy a handgun does not make it legal to do so. Residency for firearms transactions is very simple: presence in a state WITH THE INTENTION OF MAKING HOME THERE. There are even examples in Federal regulations:

    Example 1. A maintains a home in State X. A travels to State Y on a hunting, fishing, business, or other type of trip. A does not become a resident of State Y by reason of such trip.

    Example 2. A is a U.S. citizen and maintains a home in State X and a home in State Y. A resides in State X except for weekends or the summer months of the year and in State Y for the weekends or the summer months of the year. During the time that A actually resides in State X, A is a resident of State X, and during the time that A actually resides in State Y, A is a resident of State Y.
    A person visiting their parents on leave does not make one a resident of that state (Example 1), regardless of if they have a driver's license from that state or not. The person would have to maintain a home in that state which they had reserved for their own use as a residence (Example 2).
    Anyone who says, "I support the 2nd amendment, BUT"... doesn't. Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman.

  5. #14
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    Quote Originally Posted by G50AE View Post

    Priceless! :-)
    "A few well placed shots with a .22LR is a lot better than a bunch of solid misses with a .44 mag!" Glock Armorer, NRA Chief RSO, Pistol, Rifle, Shotgun, Muzzleloading Rifle, Muzzleloading Shotgun, and Home Firearm Safety Training Counselor

  6. #15
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    Quote Originally Posted by OleEd View Post
    I live in mo and as above giving a handgun for he and wife who live off post by Ft Belvoir. Giving a signed letter. Anything more to do in va? Does not live in DC,thank God....
    You need check VA. law. In Kalifornia it is legal to transfer a gun from a father to a child or viceversa and all you have to do is fill out a form to register it with the state (and pay $19 I think it was). That's true even if one is from a different state. You do not have to go through a FFL. So get on line for family transfer in Virginia.
    Maybejim

    Life Member NRA
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    What you say isn't as important as what the other person hears

  7. Quote Originally Posted by maybejim View Post
    You need check VA. law. In Kalifornia it is legal to transfer a gun from a father to a child or viceversa and all you have to do is fill out a form to register it with the state (and pay $19 I think it was). That's true even if one is from a different state. You do not have to go through a FFL. So get on line for family transfer in Virginia.


    Virginia law allows two people who are not prohibited from possessing firearms to transfer firearms between themselves with no FFL or paperwork required. It doesn't matter if they are conjoined twins or complete strangers.

    Now, if Father is a resident of state A (and it does not matter what state A is) and Son is a resident of state B (and it does not matter what state B is), when Father transfers any firearm to Son, Father commits a Federal felony, violating Title 18, Part 1, Chapter 44, Section 922, Paragraph (a)(5) of The Code of the United States. When Son receives or takes that gun back to his home state, he commits a Federal felony, violating Title 18, Part 1, Chapter 44, Section 922, Paragraph (a)(3) of The Code of the United States. PERIOD. END OF STORY. It's as simple as that.

    The California law which allows transfer of firearms between immediate family members with no FFL required ONLY APPLIES to legal residents of California who are both present in California at the time of the transfer. PERIOD. The Virginia law which allows transfer of firearms between any two strangers (not prohibited in some other way), ONLY APPLIES to legal residents of Virginia who are both present in Virginia at the time of the transfer.

    The minute that one party involved becomes a legal resident of a different state, the Federal restriction requiring the transfer to occur through an FFL applies, regardless of whether or not one or both states' laws allow unregulated transfers or not.

    I'll even quote the Federal statutes for you:

    http://www.law.cornell.edu/uscode/18/922.html

    922. Unlawful acts
    (a) It shall be unlawful—

    (3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;

    (5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides;
    Anyone who says, "I support the 2nd amendment, BUT"... doesn't. Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman.

  8. #17
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    Perhaps you are correct but, I received a handgun as a gift from my son (who lives in Idaho) and I registered it in Kalifornia by filling out the Kalifornia form and sending them the money. I did not move the gun from Idaho (I own a house there) until Kalifornia cleared it.

    Quote Originally Posted by NavyLCDR View Post


    Virginia law allows two people who are not prohibited from possessing firearms to transfer firearms between themselves with no FFL or paperwork required. It doesn't matter if they are conjoined twins or complete strangers.

    Now, if Father is a resident of state A (and it does not matter what state A is) and Son is a resident of state B (and it does not matter what state B is), when Father transfers any firearm to Son, Father commits a Federal felony, violating Title 18, Part 1, Chapter 44, Section 922, Paragraph (a)(5) of The Code of the United States. When Son receives or takes that gun back to his home state, he commits a Federal felony, violating Title 18, Part 1, Chapter 44, Section 922, Paragraph (a)(3) of The Code of the United States. PERIOD. END OF STORY. It's as simple as that.

    The California law which allows transfer of firearms between immediate family members with no FFL required ONLY APPLIES to legal residents of California who are both present in California at the time of the transfer. PERIOD. The Virginia law which allows transfer of firearms between any two strangers (not prohibited in some other way), ONLY APPLIES to legal residents of Virginia who are both present in Virginia at the time of the transfer.

    The minute that one party involved becomes a legal resident of a different state, the Federal restriction requiring the transfer to occur through an FFL applies, regardless of whether or not one or both states' laws allow unregulated transfers or not.

    I'll even quote the Federal statutes for you:

    United States Code: Title 18,922. Unlawful acts | LII / Legal Information Institute
    Maybejim

    Life Member NRA
    Life Member CRPA
    Life Member SASS

    What you say isn't as important as what the other person hears

  9. Quote Originally Posted by maybejim View Post
    Perhaps you are correct but, I received a handgun as a gift from my son (who lives in Idaho) and I registered it in Kalifornia by filling out the Kalifornia form and sending them the money. I did not move the gun from Idaho (I own a house there) until Kalifornia cleared it.
    I've driven past the local sheriff/police going anywhere between 5 to 10 mph over the speed limit and they never stopped me. Does that change the legality of breaking the speed limit?
    Anyone who says, "I support the 2nd amendment, BUT"... doesn't. Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman.

  10. #19
    Does the term 'sea lawyer' ring a bell?

    HOLY CRAP!

    KK

  11. Quote Originally Posted by Keykutter View Post
    Does the term 'sea lawyer' ring a bell?

    HOLY CRAP!

    KK
    A sea lawyer typically uses the law to attempt to obtain an innocent ruling for a shipmate. In this case, I am simply stating what is clearly and plainly stated in Federal law.
    Anyone who says, "I support the 2nd amendment, BUT"... doesn't. Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman.

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