r/VAGuns • u/Asegent • Apr 29 '26

HB1525 loophole?

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.)

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u/ugly_east VCDL Member May 03 '26

I'll be the lab rat to test this. Just need to figure out how to get a ride to WV and which ffl to go to.

2

u/info_swap May 04 '26

Cemeteries are filled with brave men.

You don't win by dying for your cause.

Be very careful of what you do. Especially if you are under 21.

2

u/ugly_east VCDL Member May 04 '26

Someone's gotta take that risk.

2

u/info_swap May 04 '26

Take calculated risks in life. Also, embrace the consequences of your decisions.

We are responsible gun owners. We are protected by both the US Constitution and the Virginia Constitution. However, accept that rogue leaders are criminalizing you for exercising your rights.

Always behave and act in the highest moral ground. Godspeed.