Realistically, What Happens In Virginia Now?
BY Herschel Smith
4 years, 10 months ago
Interesting reddit/firearms comment thread. One reader gets it and has sense of where this is headed.
The is one of the main issues to me. People will obviously not comply with registration, and there will obviously be illegal private transactions that take place after the law goes in to effect. But FFL’s are in an unfortunate position where they have no choice but to follow the law. I think a lot of people aren’t thinking of this aspect. They assume that if the law passes, everyone will disobey the law, and that things will more or less go on as normal.
That’s a good point and one that I have been thinking about.
Remember, while there will indeed still be private transactions, as there should be, and while I suspect most gun owners will neither give up nor register their firearms, nor should they, FFLs will be in a mess.
This is one of the goals of the controllers. For my Virginian readers and friends, you’ll still likely be able to purchase bolt action rifles, maybe lever action rifles, revolvers and shotguns (I expect limits on tube mag capacity, and perhaps limits on type, i.e., pump action allowed, no auto-loaders), you won’t be able to purchase MSRs or standard capacity magazines from your local FFL. It’s likely that pistol sales will be tightly controlled and monitored.
Some FFLs will shut down. Some will barely be able to stay afloat. In the mean time, remember that you can still purchase what you want, and also remember this: under current ATF rules, long guns sales from an FFL can cross state lines in adjacent states.
That means you can drive to North Carolina, West Virginia, Kentucky or Tennessee to buy MSRs, pistols, magazines, and whatever else you need. Ammunition is a huge deal. Make sure you have everything you will want or need, for both you and your progeny.
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On January 11, 2020 at 5:56 pm, Pat Hines said:
FFLs will feel the full extent of the laws. That’s because, as a condition to holding a FFL they have to obey ALL state firearms laws.
Related issue, is all holders of registered Short Barreled Rifles and Supressors will become felons if they keep their firearms and suppressors. Because they’re registered, the Virginia government can simply look them up to find where they live and what they possess.
Yes, folks, if you obeyed the law with regard to the above, you’re going to have an issue.
On January 11, 2020 at 6:05 pm, Wes said:
You also might want to read this…
https://ncrenegade.com/editorial/t-l-davis-on-the-coming-virginia-festivities/
On January 11, 2020 at 6:51 pm, PeanutButter said:
@PatHines, that is an excellent point that should be repeated again and again. Northam has said that there will be no confiscations if you register your semi-auto with the state police, but he will use registration lists to confiscate your Title II silencer. The one you had to register with the VA State Police as a condition to get the Form 1 through the ATF process.
This simple fact should be said again and again over the months ahead to the press, both MSM and alternate free media: Northam is _already_ using registration lists to confiscate weapons and components.
Making him an liar on every aspect of this avoidable coming disaster.
Once the GOP takes over again in 2022, Northam and the rest of the Democrats responsible for this disaster must be brought to justice in Virginia courts. We must have “Nuremburg-style” trials for these traitors.
On January 11, 2020 at 8:34 pm, Longbow said:
Quote: {remember this: under current ATF rules, long guns sales from an FFL can cross state lines in adjacent states.}
An FFL is bound by regulation to make sure that any sale, across State lines of a rifle or shotgun, MUST comply with the laws of BOTH States.
It is still a quandary. Dual residency could be a work around. Smuggling is another. Caveat Emptor!
Remember, your cousin Scooter and your uncle Buster will be the cops who enforce these laws. They would never come and confiscate your rifle (being super duper good guys, Constitution supporters, defenders of the 2A and all), but they will damned sure bust them smugglers!
On January 12, 2020 at 3:36 am, Georgiaboy61 said:
@ PB
Re: “Once the GOP takes over again in 2022, Northam and the rest of the Democrats responsible for this disaster must be brought to justice in Virginia courts. We must have “Nuremburg-style” trials for these traitors.”
It won’t happen… know why? Because the deep-state never goes after its own, unless the person in question has betrayed them. In that case, the marked individual is “sacrificed” as a fall-guy -to take the heat off the top dogs. Same as it ever was…
On January 12, 2020 at 8:55 am, Todd said:
Something so blatantly unconstitutional, it should be a simple task to ignore these unconstitutional laws. How should one expect a police officer, sworn to uphold both the constitution and state laws, to act? Will they support the constitution, or will they enforce laws that are clearly unconstitutional but, unfortunately they also swore an oath to enforce? Will “who signs their paycheck” be the deciding factor? What position does this place current and former military who swore oaths to protect and defend the constitution against all enemies, foreign and domestic? Did any of you sign something releasing you from that oath? Bonus point for understanding that laws from subordinate jurisdictions that contradict the constitution are void. So, all this to say, moral police will not enforce these laws since they aren’t valid, and vets and active duty, well, anyone who does is your enemy per the oath you swore upon enlistment. Interesting conundrum no? Remember, the controllers, ADL, SPLC, and leftists, plus media (yes, all redundant) think one an extremist if they hold these views, almost like they think everyone should break their oath. The oath for senators – well, look at it and see that these people on the left are willingly entering office with full intent to break their oaths. Same for Dems running for president, they are, in public, on camera, admitting they fully intent to take an oath, then break it upon election. I think that is what they call an impeachable offense. But, since the state takes care of its own, nothing will be done to punish, and voters will continue to vote for them.
On January 12, 2020 at 11:26 am, PeanutButter said:
I am hoping someone knowledgeable puts together a guide for Virginia residents like my cousin to use when purchasing MSRs and standard-capacity magazines from NC, KY, TN and especially WV FFLs. What can be ordered, notifications, etc. A FAQ will be extremely useful in 2021, when this abomination will be in full force.
__Deny, Defy, Deceive, Evade, Resist, Smuggle, Defend.__
One thing to note about 2021 if you go to gunshows in those neighboring states. VA ABC agents were known to sit outside DC liquor stores and note VA license plates of customers, and then pay them a visit in the Commonwealth. Let’s hope that if the Governor’s 10-man gun Gestapo tries the same stunt in neighboring states’ gun shows, that the local LEOs/residents will not drag them out of their cars, set them on fire, and send a powerful message of their own about tyranny in Virginia. That would be unfortunate. And messy. It’s better for local jurisdictions to arrest the VA Gestapo agents on perversion charges. (Torch the cars, not the people, of course. YMMV.)
And if you choose to participate in actions promoting freedom and Liberty, get it all on video. 4GW incorporates a lot of public relations aspects within its doctrines. Play your part in recording tyranny and its results.
On January 12, 2020 at 11:28 am, MTHead said:
Shutting down industry is the main point. Sure, almost no one in Massachusetts registers their guns. But, you can’t order in powder, primers, cases, or bullets either, = controlled resupply. Big win for the left!
It’s the oldest way to bargain in the world. Ask for something so far left that it makes the right over react. It moves the whole conversion to the left. It’s the way unreasonable ends up acceptable.
Case in point, in the world of free speech. Do you feel free enough to openly discuss all remedies to these usurpations? You would think we would catch on.
On January 12, 2020 at 12:35 pm, X said:
This is merely the logical extension of almost 90 YEARS of Federal law, which everybody accepted. The NFA of 1934, upheld in U.S. v. Miller in 1939, allowed restrictions on firearms in “interstate commerce.” Machine guns were TOTALLY FORBIDDEN in 1986… for us proles, that is, not for “law enforcement.”
Since then “interstate commerce” has been broadly defined to include ANY gun-related transaction, even one WHOLLY WITHIN THE BOUNDARIES OF A STATE. The (((Lautenberg))) Amendment, which criminalizes the possession of ANY firearm for someone with a DOMESTIC MISDEMEANOR, is supposedly justified by the commerce clause.
Bullshit.
But everybody went along with ALL of this. NONE of it was overturned in court. Scalia even write in Heller that the government could restrict commercial sales.
So this is the way they do the next phase of the ban. They know they cannot kick down every door in the country and rip up your floorboards to find your hidden AR. But they WILL ban the sale of them, forever. And arrest you if you’re caught with an unregistered one. No manufacturer or wholesaler or retailer will defy the sales ban. None.
Everybody who has a registered silencer is going to get suckered. They registered it because they didn’t want to do ten years in the Federal joint… now they’re gonna get confiscated because they’re registered under the NFA of 1934.
All of this has been going on for nearly a century… I guess the phrase “SHALL NOT BE INFRINGED” doesn’t mean Jack shit.
On January 12, 2020 at 1:39 pm, Grandpa said:
“It’s a job…” yeah, but you were looking for a job when you got that one, and if after TWENTY FIVE YEARS you haven’t set some aside for the time when you don’t have one, you’re a fool. And if you are more focused on “your job” than God, your neighbors, and your country – all of which have more direct impact on your family than “your job” – then, in failing to plan, you have planned to fail. All this crap has been going on for decades, has “your job” adversely affected your reading comprehension and ability to “see the signs of the times”? If that individual has been a cop for 25 years, that puts his hiring in the mid-90s. This did not start yesterday, and we won’t have it fixed by tomorrow; especially if we have more excuses than plans. Me? Well, while I was working and having integrity, my expectations were that THOSE WE EMPLOY in the .gov had integrity and worked hard as well. Seems I was mistaken. I have six grandchildren, and I will not leave this for them to “fix”. This shit happened on our watch, and – distasteful as it may be – the duty falls to us. I am not getting any younger, our measured and serious response will be the legacy we leave to our progeny. I do not wish to be remembered as a fool – or a coward.
On January 12, 2020 at 4:14 pm, Gator said:
Not sure if this has changed in recent years, but last time I was in NC you had to be a resident to buy a firearm unless you were military on PCS orders and you had to have the PCS orders with you to purchase. It’s been a while, so it’s possible that’s changed.
On January 12, 2020 at 4:35 pm, Herschel Smith said:
@Gator,
True for handguns, and always has been. Not true for long guns.
On January 12, 2020 at 5:27 pm, scott s. said:
It’s a felony to transfer a firearm to a non-resident at a gun show. Even dealer FFLs can only transfer long guns at their licensed location. As noted, FFL must ensure laws of the state of transferee are met prior to transfer. Also NFA 34 was enacted under the taxing power (making tax, special occupational tax, transfer tax). Interstate commerce was used for FFA 38 which created the idea of “licensed dealer in firearms”. There’s plenty of states with registration requirements, firearm prohibitions, etc and no revolution so far. Maybe Virginia is different; time will tell.
On January 12, 2020 at 6:28 pm, St.Maur1066 said:
You guys are all worried about nothing. You can buy all the guns you need from Eric Holder. If you don’t believe me ask the Mexican drug lords!
On January 12, 2020 at 7:21 pm, Thomas Dowling said:
WE must dictate to all infringement violators that we will not CONSENT.
ALL “gun control” laws (State & federal) are infringements on our Rights!
We will not CONSENT! Our RIGHTS are UNALIENABLE!
“Our God has endowed us with un-a-lien-able rights. This is the proper context and no government can put a lien on them (unless we allow it).” — David DeGerolamo
“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed,” — Declaration of Independence
On January 13, 2020 at 12:09 am, Papa Tom said:
It is NOT against the law for residents or dealers to sell long guns to non-residents as long as the non-resident is not from a state with a state law forbidding their citizens from purchasing long guns from another state.
HOWEVER handguns can only legally be sold within the state the citizen resides in. You cannot purchase a handgun from a dealer or private citizen outside the state you live in unless it is shipped to your dealer in your state so the background check can be run.
Been a FFL Dealer for 30 years and passed every inspection.
On January 13, 2020 at 2:58 pm, Sanders said:
If all those counties are united against Richmond, then it should be pretty easy to get enough people to mobilize for an embargo of that city. For 24 hours block everything going in and coming out of the city, except medical emergencies.
After 24 hours, everyone goes home.
Show them what “power of the people” really looks like.
On January 13, 2020 at 8:35 pm, lurker said:
An important note on SBR’s and cans; there are state issues, and federal issues. If you thumb your nose at the feds, they will most certainly go after you. But they have historically stayed out of state issues beyond the initial issuance of the stamp.
Additionally, some pertinent details for state level shennanigans:
– ATF allows storage in adjacent states so long as the NFA item is legal there. Also note that this extends to states adjacent to out of state trustees, should you have them and have the items on a trust. This is particularly relevant for certain things like cans – otherwise a state that knows who has them could have a practical method to enforce a ban. Note that the only requirement to notify the NFA of can movements is for permanent address changes across state lines; conceivably they could be proactive and demand accounting for all cans on paper with VA addresses, but you still have easy an out to find an alternative address of record for it.
– SBR’s on the AR platform have an important feature: pop the pins and put a 16+” barrel on the lower, and it’s not an SBR if the short upper (or any reasonably similar homeless short upper) isn’t present. You then are not *required* to ask permission to take it to another state, transfer it, sell it, or to even notify the ATF if its non-SBR status is permanent. What this means in practice is that if a state – say VA – shows up demanding to know where your SBR is, you have the plausible ability to tell them you have removed it from their jurisdiction without running afoul of the ATF. And there isn’t a whole lot the state can do about it either. Even with bans on private sales, you can skirt the transfer issue if it’s on a trust.
– Trusts with trustees out of state allow for interstate movement of firearms without the involvement of FFLs.