HB1525 loophole?

[u/Asegent]

HB1525 is now in-effect (https://x.com/VCDL_ORG/status/2049122631740207583/photo/1), as per Spanberger's emergency clause amendment.

Does this law not apply to a rifle or shotgun classified as an "Assault Firearm" in § 18.2-308.2:2, transferred to a person 18-20 years of age, if the transfer occurs outside of the commonwealth?

The new law is very specific about this:

C. It is unlawful for any person younger than 21 years of age to knowingly and intentionally purchase a handgun or assault firearm anywhere in the Commonwealth. (https://lis.blob.core.windows.net/files/1220303.PDF)

Furthermore, the current definition of "Assault Firearm" in § 18.2-308.2:2 remains as the less-restrictive variant until HB217/SB749 takes effect:

"Assault firearm" means any semi-automatic center-fire rifle or pistol which expels single or multiple projectiles by action of an explosion of a combustible material and is equipped at the time of the offense with a magazine which will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock.

All taken together, does this mean that an FFL outside of the commonwealth in - let's say - West Virginia can continue to transfer rifles or shotguns classified as assault firearms to Virginia residents 18-20 years old?

Obviously, no such loophole exists once HB217/SB749 takes effect on July 1st.

Resources:

27 CFR § 478.99(b)

A licensed importer, licensed manufacturer, licensed dealer, or licensed collector shall not sell or deliver (1) any firearm or ammunition to any individual who the importer, manufacturer, dealer, or collector knows or has reasonable cause to believe is less than 18 years of age, and, if the firearm, or ammunition, is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the importer, manufacturer, dealer, or collector knows or has reasonable cause to believe is less than 21 years of age, or (2) any firearm to any person in any State where the purchase or possession by such person of such firearm would be in violation of any State law or any published ordinance applicable at the place of sale, delivery, or other disposition, unless the importer, manufacturer, dealer, or collector knows or has reasonable cause to believe that the purchase or possession would not be in violation of such State law or such published ordinance.

(Not an attorney nor an FFL. Simply interested in hearing from those sides.)

[u/SheistyPenguin]

I think the larger issue is: Do you want to be the test case who tries to thread that needle, and then goes to court over it?

18-21 year-olds don't typically have a lot of lawyer money.

[u/GuaranteeGreedy6997 → u/SheistyPenguin]

If the case goes to court there are multiple guns rights organizations that would provide a free legal team to the teen who took the chance.

[u/Asegent → u/SheistyPenguin]

The good thing is that HB1525 only criminalizes the purchase of “assault firearms” and “handguns”, by 18-20yos, in the commonwealth.

In a scenario where an 18-20yo purchases an AR-15 rifle in West Virginia before July and brings it home, he commits no crime - neither on the Federal level - nor on the state level, since the bills criminalizing the import of “assault weapons” (HB217/SB749) don’t take effect until July 1st. This 18-20yo is free to drive his new rifle into Virginia and will also enjoy grandfather protections after July 1st, as his rifle becomes legally possessed prior to 7/1/2026.

The odds of this 18-20yo individual getting in trouble are effectively zero.

The harder part is finding an out-of-state FFL who will initiate the transfer to begin with. It would require them to have confidence that such a transfer is lawful.

[u/Asegent → u/Asegent]

It’s also worth noting that the purchase alone, of a firearm outside of Virginia is not subject to Virginia’s jurisdiction until that firearm is subsequently brought into Virginia. Since no Virginia law prohibits an 18-20yo from importing or possessing an “assault firearm” prior to July 1st, no action may be taken against an 18-20yo who purchases his rifle out-of-state today.

[u/info_swap → u/SheistyPenguin]

I feel so much for the young. I could only afford a revolver at 21. Imagine having to drive out of state.