TexasCHLforum.com

brianko wrote:Be aware that there is a burden on the prosecutor's behalf to prove that the firearm "has moved in or otherwise affects interstate commerce." A previous poster in another thread posted some legal cites that he believes makes it easy for the government to prove that a firearm "has moved" in interstate commerce (simply by way of being shipped from manufacturer). From my readings on the background of this, I don't believe this applies backwards in time to every individual component of said firearm that might have crossed state lines, but rather applies to how the firearm arrived at the location it was in when it was confiscated. Then again, IANAL, and like you, I'd rather not be the test case. But as I stated previously, I'm not going to lose sleep over this.

I also don't worry too much about violating the GFSZA as any violation of the Act by an otherwise law-abiding gun owner would be unlikely to be prosecuted as it would have a good chance of being overturned under US v. Lopez (and there may also now be a challenge under Heller v. DC), and no prosecutor likes to have a case overturned. I do like to be on the right side of the law whenever possible though, and getting a non-resident permit from the state I visit most often (Virginia) is a relatively painless step as VA is shall-issue.

However, in my case (and in most I would imagine) it would be extremely simple for the prosecutor to prove that the gun had moved in interstate commerce. I'm a Texas resident and have purchased all of the guns I own in Texas, most from FFLs. If I take one of those firearms to another state and carry it there, I have moved that firearm in interstate commerce. This could be verified by doing a trace on the serial number and showing that it was purchased by me from a dealer in a state other than the one where I carried it.

anygunanywhere wrote:I can't recall if Virginia needed a range test. Virginia took awhile and I do not recall why. Must be the half-zheimers.

Anygunanywhere

I'm in the process of obtaining a nonresident Virginia permit since I visit family there a couple of times a year and I want to be in compliance with the ATF's interpretation of federal law--the ATF interprets the permit exception to The Gun-Free School Zones Act of 1995 to only apply to those who hold a permit issued by the state where the school is located (ie they say reciprocity agreements between states do not count). Although the GFSZ Act of 1995 would likely be struck down by SCOTUS again (as the 1990 version was in Lopez v. US), I can't afford to be the test case.

Anyhow, last week I emailed nonrespermit@vsp.virginia.gov, and the application packet showed up in my mailbox 3 days later. There is a training requirement but most any training should satisfy it:

• Completing a hunter education or hunter safety course approved by the Virginia Department of Game and Inland Fisheries or a similar agency of another state.
  Completing any National Rifle Association firearms safety or training course.
  Completing any firearms safety or training course or class available to the general public offered by a law-enforcement agency, junior college, college, or private or public institution or organization or firearms training school utilizing instructors certified by the National Rifle Association or the Department of Criminal Justice Services or a similar agency of another state.
  Completing any law-enforcement firearms safety or training course or class offered for security guards, investigators, special deputies, or any division or subdivision of law enforcement or security enforcement.
  Presenting evidence of equivalent experience with a firearm through participation in organized shooting competition approved by the Department of State Police or current military service or proof of an honorable discharge from any branch of the armed services.
  Obtaining or previously having held a license to carry a firearm in this Commonwealth or a locality thereof, unless such license has been revoked for cause.
  Completing any firearms training or safety course or class conducted by a state-certified or National Rifle Association-certified firearms instructor.
  Completing any governmental police agency firearms training course and qualifying to carry a firearm in the course of normal police duties.
  Completing any other firearms training that the Virginia Department of State Police deems adequate.

I'm enclosing a copy of the "Handgun Training Certificate" I got at the end of my CHL class (a "firearms training school utilizing instructors certified by the National Rifle Association or the Department of Criminal Justice Services or a similar agency of another state").

VSP requires a set of fingerprints for initial licensure only.

There is a statutory 45-day limit for VA to issue or deny your permit, although I'm unsure whether that applies to non-res permits as well.