Virginia/Federal Assault Weapon Laws

[Wake27]

I hate to start a new thread about this, because I feel like it must have been covered, but I can't for the life of me find what I'm looking for. I want to buy a S&W M&P 15-22. Its an M4/AR15 styled .22 rifle. I just realized that, because it has a 25 round magazine, its considered an assault weapon, even though its only a .22 caliber. I'm 19. So my dad said he could buy it for me, but then the question arose of possession. In all of my online searching I haven't even been able to find anything that said you have to be 21 to buy an assault weapon in Virginia, but many people have told me this is true, so I've reluctantly accepted this. Since I can't find anything current on assault weapons that means I can't find anything on possession/transportation of one. Say if I were to go by myself to the range with my .22 AR. I have seen on the VA state police site that anyone over 18 can possess or transport a rifle/shotgun, but that does not specify as to assault weapons (looking for the url to link that article).

If you guys can shed any light on this I'd greatly appreciate it.

[sgt_G]

isn't CJ from Vt???

[Wake27]

Uh, what?

123456

[SBL]

You definitely have to be 21 to purchase.

[Sir Zach of R.]

http://www.vsp.state.va.us/Firearms.shtm

In all actuality it would be easier just to 1) talk to a licensed FFL who is knowledgeable in your state's gun laws or 2) call up your local state police or even the local ATF office.

[denneym1]

Pick up the phone, and call a FFL dealer in Virgina. They deal with this everyday and should be able to tell you what the laws are there.

[Ought Six]

http://en.wikipedia.org/wiki/Gun_laws_in_the_United_States_(by_state)#Virginia

[Laconian]

The '94 Assault Weapons ban (& all it's contents, including high capacity ammunition feeding devices) sunset awhile ago, so those provisions, from a federal standpoint no longer apply. The Federal deal on firearms is 18 for a long gun (shotgun, rifle) and 21 for a handgun (pistol, revolver). As far as VA law, try here:
http://www.atf.gov/publications/firearms/state-laws/29th-edition/index.html or contact the local FFL or ATF office. I wouldn't trust wiki for a state statute.

[California Joe]

isn't CJ from Vt???

VT is different than VA, although I've lived in both. ;)

Wake, just listen to Laconian. He's the Man. Heresay is never a good idea when you're talking about firearms laws, especially from people who claim to know. An FFL holder is required to have that information by law.

[gaijinsamurai]

Virginia is the state where the leaves turn red in the fall, and there's colorful old coots like on the show Newhart, right? Vermont is where Washington, Jefferson, and Robert E. Lee were from.

I get stuff like that mixed up, like Austria and Australia.

[Wake27]

Alright so this is interesting. I'd seen the wiki link, as well as the VA trooper site, and hadn't found an answer before posting here.

Honestly, I think the several dealers as well as my friends around here may all be mistaken. I know about the Federal Assault Weapons Ban, which expired if '04. I don't know if everyone else knows that, because I read every piece of legislation on the state trooper site and no where could I find the part that said you have to be 21 to purchase an assault weapon. It defined the assault weapon and there were parts about aliens or minors under 18 not being able to possess one. It also said one has to be 18 for a rifle or shotgun, but never anything about assault weapons (defined as basically, having a folding stock, or a 20+ round magazine). I didn't think several FFL dealers could be wrong so I asked the one that was selling the weapon I want at the gun show today. He said because it has a pistol grip, I'm not allowed to buy it. Pistol grip is only mentioned in the law in relation to shotguns, such as one without stock.

So my dad and I asked a state trooper there, a sergeant. He couldn't find anything different from me. Nowhere could we find that one has to be 21 to purchase. But we were looking even harder for possession and transportation, and it definitely didn't say a person over 18, but under 21 can not possess an assault weapon.

I'm just surprised that so many dealers could be mistaken? I'm planning on heading out to a local store tomorrow that compared to all the others around here, is very professional and much more on top of things. If I still don't have a definite answer then I may see if I can contact the ATF, as another member suggested.

Also, I hadn't seen the ATF website Laconain posted so I'll do a good bit of searching there, thanks for that. I'm wondering if maybe its a federal law that I just overlooked.

[California Joe]

First piece of advice would be to stop calling it an assault weapon. It's a semi automatic .22 caliber rifle and you are 19 so you are fine. It's no different from using an extended magazine in a Ruger 10/22.

[Wake27]

That's how I feel. And the state trooper we talked to. That's pretty much exactly what he said too.

[Pook2]

I bought my Bushmaster M4A3 in Virginia when I was 18 back in 2005. All I needed was the money and two forms of ID with my home address. You should be fine to go buy any weapon you want as long as its barrel is 16" long.

[Laconian]

I bought my Bushmaster M4A3 in Virginia when I was 18 back in 2005. All I needed was the money and two forms of ID with my home address. You should be fine to go buy any rifle you want as long as its barrel is 16" long.

Fixed it for you. Shotguns with a 16" bbl are NFA weapons.

[Pook2]

Thank you. As CJ said, listen to Laconian.

[cone256]

Virginia is the state where the leaves turn red in the fall, and there's colorful old coots like on the show Newhart, right? Vermont is where Washington, Jefferson, and Robert E. Lee were from.

I get stuff like that mixed up, like Austria and Australia.

Haha that made me laugh

[Wake27]

So two shops (one, the most professional looking and sounding I've ever been in) finally confirmed what I had originally thought. Minimum age is 18 to by an "assault weapon" in Virginia. That means at least two FFL dealers were completely wrong. Very surprising to me, but I guess it really shouldn't be. Anyways, thanks for the suggestions guys, glad to have finally gotten this cleared up.