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Virginia State Police Unable to Process Background Checks

Thundar

Regular Member
Joined
Sep 12, 2007
Messages
4,946
Location
Newport News, Virginia, USA
Just got this notice:

All Virginia Dealers,

The FBI NICS has transitioned to a New NICS System today. VCheck is experiencing connectivity issues with the new system. Dealers may continue to enter transactions and they will be worked once the issues are resolved.

Shelley R Walker
Agency Management Analyst
Virginia Department of State Police
Firearms Transaction Center
PO Box 85608
Richmond, VA 23285
Shelley walker@vsp.virginia.gov
804.674.2786
804.674.2292[FTC Help Desk]
804.674.2791[fax]
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
3 days, then transactions completed without background checks.
Can/may be completed - not will be.

An FFL is not obligated to complete any transaction to which he is not comfortable or even just because he wants to wait until the BC is completed and the transfer approved.
 

solus

Regular Member
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Aug 22, 2013
Messages
9,315
Location
here nc
Can/may be completed - not will be.

An FFL is not obligated to complete any transaction to which he is not comfortable or even just because he wants to wait until the BC is completed and the transfer approved.

this concept is also applicable in states which are not mandated to accomplish NICS background checks, such as NC where citizens only have to produce a PPP or CHP to the FFL.

ipse
 

TFred

Regular Member
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Oct 13, 2008
Messages
7,750
Location
Most historic town in, Virginia, USA
I was going to say, I bet you're hard-pressed to find a FFL willing to release a firearm after three days with no OK, even if it is legal. Sort of like consenting to a search. Nothing good can happen (for the FFL), but lots of bad.

TFred
 

The Wolfhound

Regular Member
Joined
Sep 3, 2009
Messages
728
Location
Henrico, Virginia, USA
And that, friends, IS the point of the exercise.........

[ I was never denied any purchase, just inconvenienced and irritated.[/QUOTE]

If you cause enough problems some people will not purchase or carry or get permits.........
and by drips and drabs we are diluted.
 

Va_Nemo

Member
Joined
May 1, 2016
Messages
654
Location
Lynchburg
Oh Horrible Horrible. If the guy in SC had to wait on the full background check those 9 people at the church would still be alive. Fear and Scare. Stop that possibility.

Nemo
 
Last edited:

Thundar

Regular Member
Joined
Sep 12, 2007
Messages
4,946
Location
Newport News, Virginia, USA
--Moderator edited as off-topic for Va, sub-forum--



David,

This is about Virginia and the overlapping federal and commonwealth laws here. Please stop the clown routine, this is serious.

You usually provide strange and harmless comment of a comical nature. Here you have stated that you have committed federal felonies. First I do not know what a directory BR check is. I cannot find such a thing in the 1968 GCA. Second, if you are an FFL selling from inventory, not to another FFL or to the exempted (government agencies,etc.) or are in a state with recognition of handgun permits as a valid exception to the background check then transferring without a background check is a felony. Intentionally transferring without a 4473 is a separate felony.

Your admissions on the forum make a pretty good case for the FBI.

Live Free or Die,
Thundar
 
Last edited by a moderator:

solus

Regular Member
Joined
Aug 22, 2013
Messages
9,315
Location
here nc
snip...

I cannot find such a thing in the 1968 GCA. Second, if you are an FFL selling from inventory, not to another FFL or to the exempted (government agencies,etc.) or are in a state with recognition of handgun permits as a valid exception to the background check then transferring without a background check is a felony. Intentionally transferring without a 4473 is a separate felony.

snip

Live Free or Die,
Thundar

thundar, here are better resources then the 1964 GCA:
ATF Publication 5300.4, ATF Federal Firearms Regulations Reference Guide, revised Sept 2014.https://www.atf.gov/file/11241/download
or
ATF Publication 5300.5, 31st Edition of State Laws and Published Ordinances- Firearms https://www.atf.gov/file/58536/download

ipse
 

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
David,

This is about Virginia and the overlapping federal and commonwealth laws here. Please stop the clown routine, this is serious.

You usually provide strange and harmless comment of a comical nature. Here you have stated that you have committed federal felonies. First I do not know what a directory BR check is. I cannot find such a thing in the 1968 GCA. Second, if you are an FFL selling from inventory, not to another FFL or to the exempted (government agencies,etc.) or are in a state with recognition of handgun permits as a valid exception to the background check then transferring without a background check is a felony. Intentionally transferring without a 4473 is a separate felony.

Your admissions on the forum make a pretty good case for the FBI.

Live Free or Die,
Thundar


Grape said this was off topic ... but insofar as "directory" means in the context used....this may assist you and others in examination of laws and their mandatory or non-mandatory nature (just because a law says this or that does not always mean this or that):

http://definitions.uslegal.com/d/directory-provision/

Once you have gotten a hint at the subject matter of directory provisions you may hop over to google scholar or elsewhere and look at specific laws and how they are decided as to their nature. An interesting area of study.

I always ask "is this mandatory or directory?" and conclude that many laws are indeed not mandatory.
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
Grape said this was off topic ... --snipped--

It still is off topic.

It has nothing directly to do with why the VSP is unable to process BG checks.

Start a new thread if you like, but let's not push the OP of this one aside.
 

taurusfan

Regular Member
Joined
Feb 27, 2007
Messages
307
Location
Richmond, ,
Something I just learned...so you don't any longer need to prove 'citizenship' when you buy an 'assault weapon' in Virginia. Used to be you had to supply a birth certificate or voter registration card.

When did it change? Was it a change of law?
 

DrMark

Lone Star Veteran
Joined
Jan 13, 2007
Messages
1,559
Location
Hampton Roads, Virginia, USA
Something I just learned...so you don't any longer need to prove 'citizenship' when you buy an 'assault weapon' in Virginia. Used to be you had to supply a birth certificate or voter registration card.

When did it change? Was it a change of law?

From one of the VCDL Alerts:

"The following laws become effective on Friday, July 1 2016:

...


* No second ID will be required when purchasing a firearm. For so-called “assault firearms,” the requirement for proof of citizenship is gone."

I don't have the info handy on which bill number it was...
 

user

Accomplished Advocate
Joined
Feb 12, 2009
Messages
2,516
Location
Northern Piedmont
It's true that after three days, the background check is irrelevant. If there is a contract for the purchase and sale of the gun, then the dealer must go through with it, whether or not the background check has been completed, or be in breach of contract and violation of the Virginia Consumer Protection Act. Note that a contract can exist whether or not the money's been collected - the offer to sell matched by the promise to pay money equals a contract. Refusal to sell on the terms stated is good for treble damages and attorney's fees under Va. Code sxn 59.1-204. See sxn 59.1-200(8).
 

Grapeshot

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Joined
May 21, 2006
Messages
35,317
Location
Valhalla
It's true that after three days, the background check is irrelevant. If there is a contract for the purchase and sale of the gun, then the dealer must go through with it, whether or not the background check has been completed, or be in breach of contract and violation of the Virginia Consumer Protection Act. Note that a contract can exist whether or not the money's been collected - the offer to sell matched by the promise to pay money equals a contract. Refusal to sell on the terms stated is good for treble damages and attorney's fees under Va. Code sxn 59.1-204. See sxn 59.1-200(8).
Interesting.

Wonder if such action has ever been initiated against an FFL who refused the sale just because he/she thought something wasn't quite right and if so what the outcome was.
 

davidmcbeth

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Jan 14, 2012
Messages
16,167
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earth's crust
Interesting.

Wonder if such action has ever been initiated against an FFL who refused the sale just because he/she thought something wasn't quite right and if so what the outcome was.

I refused sales. Zero repercussions. Mostly for folks being .govs and other lizzurds.
 

TFred

Regular Member
Joined
Oct 13, 2008
Messages
7,750
Location
Most historic town in, Virginia, USA
From one of the VCDL Alerts:

"The following laws become effective on Friday, July 1 2016:

...


* No second ID will be required when purchasing a firearm. For so-called “assault firearms,” the requirement for proof of citizenship is gone."

I don't have the info handy on which bill number it was...
From our friend, Delegate Lingamfelter.

TFred

HB 810 Assault weapon; transfer of firearm, proof of citizenship.

Transfer of assault weapon; proof of citizenship. Makes consistent the type of identification and other documentation that a purchaser of a firearm must present when purchasing any type of firearm from a licensed dealer by removing the additional requirement for the purchase of an assault weapon that a person who purchases such a weapon must present proof of citizenship. The bill does not alter the provisions prohibiting the sale of assault firearms to noncitizens or persons who have not been lawfully admitted for permanent residence.

Full text:
01/12/16 House: Prefiled and ordered printed; offered 01/13/16 16100103D pdf
03/02/16 House: Bill text as passed House and Senate (HB810ER) pdf
04/04/16 Governor: Acts of Assembly Chapter text (CHAP0697) pdf

Status:
01/12/16 House: Prefiled and ordered printed; offered 01/13/16 16100103D
01/12/16 House: Referred to Committee on Militia, Police and Public Safety
01/18/16 House: Assigned MPPS sub: #1
01/21/16 House: Subcommittee recommends reporting (5-Y 0-N)
01/29/16 House: Reported from Militia, Police and Public Safety (22-Y 0-N)
02/01/16 House: Read first time
02/02/16 House: Read second time and engrossed
02/03/16 House: Read third time and passed House BLOCK VOTE (97-Y 0-N)
02/03/16 House: VOTE: BLOCK VOTE PASSAGE (97-Y 0-N)
02/04/16 Senate: Constitutional reading dispensed
02/04/16 Senate: Referred to Committee for Courts of Justice
02/24/16 Senate: Reported from Courts of Justice (15-Y 0-N)
02/26/16 Senate: Constitutional reading dispensed (39-Y 0-N)
02/29/16 Senate: Read third time
02/29/16 Senate: Passed Senate (38-Y 0-N)
02/29/16 Senate: Reconsideration of Senate passage agreed to by Senate (38-Y 0-N)
02/29/16 Senate: Passed Senate (38-Y 0-N)
03/02/16 House: Enrolled
03/02/16 House: Bill text as passed House and Senate (HB810ER)
03/02/16 House: Signed by Speaker
03/05/16 Senate: Signed by President
03/07/16 House: Enrolled Bill communicated to Governor on 3/7/2016
03/07/16 Governor: Governor's Action Deadline Midnight, Sunday, April 10, 2016
04/04/16 Governor: Approved by Governor-Chapter 697 (effective 7/1/16)
04/04/16 Governor: Acts of Assembly Chapter text (CHAP0697)
 
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