{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-308.2_3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-308.2_3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-308.2_3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-308.2_3.html"}],"law_id":79132,"edition_id":1,"section_id":79132,"structure_id":13912,"section_number":"18.2-308.2:3","catch_line":"Criminal background check required for employees of a gun dealer to transfer firearms; exemptions; penalties","history":"2000, c. 794; 2002, c. 880; 2003, c. 976; 2016, cc. 48, 49; 2020, cc. 887, 888, 1173; 2021, Sp. Sess. I, c. 555.","full_text":"A\n\nNo person, corporation, or proprietorship licensed as a firearms dealer pursuant to 18 U.S.C. § 921 et seq. shall employ any person to act as a seller, whether full-time or part-time, permanent, temporary, paid or unpaid, for the transfer of firearms under § 18.2-308.2:2, if such employee would be prohibited from possessing a firearm under § 18.2-308.1:1, 18.2-308.1:2, or 18.2-308.1:3, subsection B of § 18.2-308.1:4, or § 18.2-308.1:6, 18.2-308.1:7, 18.2-308.1:8, 18.2-308.2, or 18.2-308.2:01, or is an illegal alien, or is prohibited from purchasing or transporting a firearm pursuant to subsection A of § 18.2-308.1:4 or § 18.2-308.1:5.B\n\nPrior to permitting an applicant to begin employment, the dealer shall obtain a written statement or affirmation from the applicant that he is not disqualified from possessing a firearm and shall submit the applicant’s fingerprints and personal descriptive information to the Central Criminal Records Exchange to be forwarded to the Federal Bureau of Investigation (FBI) for the purpose of obtaining national criminal history record information regarding the applicant.C\n\nPrior to August 1, 2000, the dealer shall obtain written statements or affirmations from persons employed before July 1, 2000, to act as a seller under § 18.2-308.2:2 that they are not disqualified from possessing a firearm. Within five working days of the employee’s next birthday, after August 1, 2000, the dealer shall submit the employee’s fingerprints and personal descriptive information to the Central Criminal Records Exchange to be forwarded to the Federal Bureau of Investigation (FBI) for the purpose of obtaining national criminal history record information regarding the request.C1\n\nIn lieu of submitting fingerprints pursuant to this section, any dealer holding a valid federal firearms license (FFL) issued by the Bureau of Alcohol, Tobacco and Firearms (ATF) may submit a sworn and notarized affidavit to the Department of State Police on a form provided by the Department, stating that the dealer has been subjected to a record check prior to the issuance and that the FFL was issued by the ATF. The affidavit may also contain the names of any employees that have been subjected to a record check and approved by the ATF. This exemption shall apply regardless of whether the FFL was issued in the name of the dealer or in the name of the business. The affidavit shall contain the valid FFL number, state the name of each person requesting the exemption, together with each person’s identifying information, including their social security number and the following statement: “I hereby swear, under the penalty of perjury, that as a condition of obtaining a federal firearms license, each person requesting an exemption in this affidavit has been subjected to a fingerprint identification check by the Bureau of Alcohol, Tobacco and Firearms and the Bureau of Alcohol, Tobacco and Firearms subsequently determined that each person satisfied the requirements of 18 U.S.C. § 921 et seq. I understand that any person convicted of making a false statement in this affidavit is guilty of a Class 5 felony and that in addition to any other penalties imposed by law, a conviction under this section shall result in the forfeiture of my federal firearms license.”D\n\nThe Department of State Police, upon receipt of an individual’s record or notification that no record exists, shall submit an eligibility report to the requesting dealer within 30 days of the applicant beginning his duties for new employees or within 30 days of the applicant’s birthday for a person employed prior to July 1, 2000.E\n\nIf any applicant is denied employment because of information appearing on the criminal history record and the applicant disputes the information upon which the denial was based, the Central Criminal Records Exchange shall, upon written request, furnish to the applicant the procedures for obtaining a copy of the criminal history record from the Federal Bureau of Investigation. The information provided to the dealer shall not be disseminated except as provided in this section.F\n\nThe applicant shall bear the cost of obtaining the criminal history record unless the dealer, at his option, decides to pay such cost.G\n\nUpon receipt of the request for a criminal history record information check, the State Police shall establish a unique number for that firearm seller. Beginning September 1, 2001, the firearm seller’s signature, firearm seller’s number and the dealer’s identification number shall be on all firearm transaction forms. The State Police shall void the firearm seller’s number when a disqualifying record is discovered. The State Police may suspend a firearm seller’s identification number upon the arrest of the firearm seller for a potentially disqualifying crime.H\n\nThis section shall not restrict the transfer of a firearm at any place other than at a dealership or at any event required to be registered as a gun show.I\n\nAny person who willfully and intentionally requests, obtains, or seeks to obtain criminal history record information under false pretenses, or who willfully and intentionally disseminates or seeks to disseminate criminal history record information except as authorized by this section and § 18.2-308.2:2, shall be guilty of a Class 2 misdemeanor.J\n\nAny person willfully and intentionally making a materially false statement on the personal descriptive information required in this section shall be guilty of a Class 5 felony. Any person who offers for transfer any firearm in violation of this section shall be guilty of a Class 1 misdemeanor. Any dealer who willfully and knowingly employs or permits a person to act as a firearm seller in violation of this section shall be guilty of a Class 1 misdemeanor.K\n\nThere is no civil liability for any seller for the actions of any purchaser or subsequent transferee of a firearm lawfully transferred pursuant to this section.L\n\nThe provisions of this section requiring a seller’s background check shall not apply to a licensed dealer.M\n\nAny person who willfully and intentionally makes a false statement in the affidavit as set out in subdivision C 1 shall be guilty of a Class 5 felony.N\n\nFor purposes of this section:\n\t\t\t“Dealer” means any person, corporation or proprietorship licensed as a dealer pursuant to 18 U.S.C. § 921 et seq.\n\t\t\t“Firearm” means any handgun, shotgun, or rifle that will or is designed to or may readily be converted to expel single or multiple projectiles by action of an explosion of a combustible material.\n\t\t\t“Place of business” means any place or premises where a dealer may lawfully transfer firearms.\n\t\t\t“Seller” means for the purpose of any single sale of a firearm any person who is a dealer or an agent of a dealer, who may lawfully transfer firearms and who actually performs the criminal background check in accordance with the provisions of § 18.2-308.2:2.\n\t\t\t“Transfer” means any act performed with intent to sell, rent, barter, or trade or otherwise transfer ownership or permanent possession of a firearm at the place of business of a dealer.","order_by":null,"text":{"0":{"id":283403,"text":"No person, corporation, or proprietorship licensed as a firearms dealer pursuant to 18 U.S.C. § 921 et seq. shall employ any person to act as a seller, whether full-time or part-time, permanent, temporary, paid or unpaid, for the transfer of firearms under § 18.2-308.2:2, if such employee would be prohibited from possessing a firearm under § 18.2-308.1:1, 18.2-308.1:2, or 18.2-308.1:3, subsection B of § 18.2-308.1:4, or § 18.2-308.1:6, 18.2-308.1:7, 18.2-308.1:8, 18.2-308.2, or 18.2-308.2:01, or is an illegal alien, or is prohibited from purchasing or transporting a firearm pursuant to subsection A of § 18.2-308.1:4 or § 18.2-308.1:5.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":283404,"text":"Prior to permitting an applicant to begin employment, the dealer shall obtain a written statement or affirmation from the applicant that he is not disqualified from possessing a firearm and shall submit the applicant’s fingerprints and personal descriptive information to the Central Criminal Records Exchange to be forwarded to the Federal Bureau of Investigation (FBI) for the purpose of obtaining national criminal history record information regarding the applicant.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":283405,"text":"Prior to August 1, 2000, the dealer shall obtain written statements or affirmations from persons employed before July 1, 2000, to act as a seller under § 18.2-308.2:2 that they are not disqualified from possessing a firearm. Within five working days of the employee’s next birthday, after August 1, 2000, the dealer shall submit the employee’s fingerprints and personal descriptive information to the Central Criminal Records Exchange to be forwarded to the Federal Bureau of Investigation (FBI) for the purpose of obtaining national criminal history record information regarding the request.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":283406,"text":"In lieu of submitting fingerprints pursuant to this section, any dealer holding a valid federal firearms license (FFL) issued by the Bureau of Alcohol, Tobacco and Firearms (ATF) may submit a sworn and notarized affidavit to the Department of State Police on a form provided by the Department, stating that the dealer has been subjected to a record check prior to the issuance and that the FFL was issued by the ATF. The affidavit may also contain the names of any employees that have been subjected to a record check and approved by the ATF. This exemption shall apply regardless of whether the FFL was issued in the name of the dealer or in the name of the business. The affidavit shall contain the valid FFL number, state the name of each person requesting the exemption, together with each person’s identifying information, including their social security number and the following statement: “I hereby swear, under the penalty of perjury, that as a condition of obtaining a federal firearms license, each person requesting an exemption in this affidavit has been subjected to a fingerprint identification check by the Bureau of Alcohol, Tobacco and Firearms and the Bureau of Alcohol, Tobacco and Firearms subsequently determined that each person satisfied the requirements of 18 U.S.C. § 921 et seq. I understand that any person convicted of making a false statement in this affidavit is guilty of a Class 5 felony and that in addition to any other penalties imposed by law, a conviction under this section shall result in the forfeiture of my federal firearms license.”","type":"section","prefixes":["C1"],"prefix":"C1","entire_prefix":"C1","prefix_anchor":"C1","level":1,"prior_prefix":"C","next_prefix":"D"},"4":{"id":283407,"text":"The Department of State Police, upon receipt of an individual’s record or notification that no record exists, shall submit an eligibility report to the requesting dealer within 30 days of the applicant beginning his duties for new employees or within 30 days of the applicant’s birthday for a person employed prior to July 1, 2000.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C1","next_prefix":"E"},"5":{"id":283408,"text":"If any applicant is denied employment because of information appearing on the criminal history record and the applicant disputes the information upon which the denial was based, the Central Criminal Records Exchange shall, upon written request, furnish to the applicant the procedures for obtaining a copy of the criminal history record from the Federal Bureau of Investigation. The information provided to the dealer shall not be disseminated except as provided in this section.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"6":{"id":283409,"text":"The applicant shall bear the cost of obtaining the criminal history record unless the dealer, at his option, decides to pay such cost.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"7":{"id":283410,"text":"Upon receipt of the request for a criminal history record information check, the State Police shall establish a unique number for that firearm seller. Beginning September 1, 2001, the firearm seller’s signature, firearm seller’s number and the dealer’s identification number shall be on all firearm transaction forms. The State Police shall void the firearm seller’s number when a disqualifying record is discovered. The State Police may suspend a firearm seller’s identification number upon the arrest of the firearm seller for a potentially disqualifying crime.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"8":{"id":283411,"text":"This section shall not restrict the transfer of a firearm at any place other than at a dealership or at any event required to be registered as a gun show.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"9":{"id":283412,"text":"Any person who willfully and intentionally requests, obtains, or seeks to obtain criminal history record information under false pretenses, or who willfully and intentionally disseminates or seeks to disseminate criminal history record information except as authorized by this section and § 18.2-308.2:2, shall be guilty of a Class 2 misdemeanor.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"10":{"id":283413,"text":"Any person willfully and intentionally making a materially false statement on the personal descriptive information required in this section shall be guilty of a Class 5 felony. Any person who offers for transfer any firearm in violation of this section shall be guilty of a Class 1 misdemeanor. Any dealer who willfully and knowingly employs or permits a person to act as a firearm seller in violation of this section shall be guilty of a Class 1 misdemeanor.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"11":{"id":283414,"text":"There is no civil liability for any seller for the actions of any purchaser or subsequent transferee of a firearm lawfully transferred pursuant to this section.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J","next_prefix":"L"},"12":{"id":283415,"text":"The provisions of this section requiring a seller’s background check shall not apply to a licensed dealer.","type":"section","prefixes":["L"],"prefix":"L","entire_prefix":"L","prefix_anchor":"L","level":1,"prior_prefix":"K","next_prefix":"M"},"13":{"id":283416,"text":"Any person who willfully and intentionally makes a false statement in the affidavit as set out in subdivision C 1 shall be guilty of a Class 5 felony.","type":"section","prefixes":["M"],"prefix":"M","entire_prefix":"M","prefix_anchor":"M","level":1,"prior_prefix":"L","next_prefix":"N"},"14":{"id":283417,"text":"For purposes of this section:\n\t\t\t“Dealer” means any person, corporation or proprietorship licensed as a dealer pursuant to 18 U.S.C. § 921 et seq.\n\t\t\t“Firearm” means any handgun, shotgun, or rifle that will or is designed to or may readily be converted to expel single or multiple projectiles by action of an explosion of a combustible material.\n\t\t\t“Place of business” means any place or premises where a dealer may lawfully transfer firearms.\n\t\t\t“Seller” means for the purpose of any single sale of a firearm any person who is a dealer or an agent of a dealer, who may lawfully transfer firearms and who actually performs the criminal background check in accordance with the provisions of § 18.2-308.2:2.\n\t\t\t“Transfer” means any act performed with intent to sell, rent, barter, or trade or otherwise transfer ownership or permanent possession of a firearm at the place of business of a dealer.","type":"section","prefixes":["N"],"prefix":"N","entire_prefix":"N","prefix_anchor":"N","level":1,"prior_prefix":"M"}},"ancestry":[{"id":13912,"edition_id":1,"name":"Other Illegal Weapons","identifier":"7","label":"article","depth":3,"order_by":1,"parent_id":12973,"metadata":{},"date_created":"2026-06-26 03:46:16","date_modified":"2026-06-26 03:46:16","permalink":{"id":167193,"object_type":"structure","relational_id":13912,"identifier":"7","token":"18.2\/7\/7","url":"\/18.2\/7\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12973,"edition_id":1,"name":"Crimes Involving Health and Safety","identifier":"7","label":"chapter","depth":2,"order_by":1,"parent_id":12972,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":166501,"object_type":"structure","relational_id":12973,"identifier":"7","token":"18.2\/7","url":"\/18.2\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12972,"edition_id":1,"name":"Crimes and Offenses Generally","identifier":"18.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":164139,"object_type":"structure","relational_id":12972,"identifier":"18.2","token":"18.2","url":"\/18.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":58832,"structure_id":13912,"section_number":"18.2-308.1","catch_line":"Possession of firearm, stun weapon, or other weapon on school property prohibited; penalty","url":"\/18.2-308.1\/","token":"18.2\/7\/7\/18.2-308.1","metadata":false},{"id":81568,"structure_id":13912,"section_number":"18.2-308.1:1","catch_line":"Purchase, possession, or transportation of firearms by persons acquitted by reason of insanity; penalty","url":"\/18.2-308.1_1\/","token":"18.2\/7\/7\/18.2-308.1_1","metadata":false},{"id":86450,"structure_id":13912,"section_number":"18.2-308.1:2","catch_line":"Purchase, possession, or transportation of firearm by persons adjudicated legally incompetent or mentally incapacitated; penalty","url":"\/18.2-308.1_2\/","token":"18.2\/7\/7\/18.2-308.1_2","metadata":false},{"id":81410,"structure_id":13912,"section_number":"18.2-308.1:3","catch_line":"Purchase, possession, or transportation of firearm by persons involuntarily admitted or ordered to outpatient treatment; penalty","url":"\/18.2-308.1_3\/","token":"18.2\/7\/7\/18.2-308.1_3","metadata":false},{"id":72509,"structure_id":13912,"section_number":"18.2-308.1:4","catch_line":"Purchase or transportation of firearm by persons subject to protective orders; penalties","url":"\/18.2-308.1_4\/","token":"18.2\/7\/7\/18.2-308.1_4","metadata":false},{"id":66125,"structure_id":13912,"section_number":"18.2-308.1:5","catch_line":"Purchase or transportation of firearm by persons convicted of certain drug offenses prohibited","url":"\/18.2-308.1_5\/","token":"18.2\/7\/7\/18.2-308.1_5","metadata":false},{"id":73257,"structure_id":13912,"section_number":"18.2-308.1:6","catch_line":"Purchase, possession, or transportation of firearms by persons subject to substantial risk orders; penalty","url":"\/18.2-308.1_6\/","token":"18.2\/7\/7\/18.2-308.1_6","metadata":false},{"id":81270,"structure_id":13912,"section_number":"18.2-308.1:7","catch_line":"Purchase, possession, or transportation of firearm by persons enrolled into the Voluntary Do Not Sell Firearms List; penalty","url":"\/18.2-308.1_7\/","token":"18.2\/7\/7\/18.2-308.1_7","metadata":false},{"id":81427,"structure_id":13912,"section_number":"18.2-308.1:8","catch_line":"Purchase, possession, or transportation of firearm following an assault and battery of a family or household member; penalty","url":"\/18.2-308.1_8\/","token":"18.2\/7\/7\/18.2-308.1_8","metadata":false},{"id":56786,"structure_id":13912,"section_number":"18.2-308.2","catch_line":"Possession or transportation of firearms, firearms ammunition, stun weapons, explosives or concealed weapons by convicted felons; penalties; petition for restoration order; when issued","url":"\/18.2-308.2\/","token":"18.2\/7\/7\/18.2-308.2","metadata":false},{"id":54959,"structure_id":13912,"section_number":"18.2-308.2:01","catch_line":"Possession or transportation of certain firearms by certain persons","url":"\/18.2-308.2_01\/","token":"18.2\/7\/7\/18.2-308.2_01","metadata":false},{"id":61558,"structure_id":13912,"section_number":"18.2-308.2:1","catch_line":"Prohibiting the selling, etc., of firearms to certain persons; penalties","url":"\/18.2-308.2_1\/","token":"18.2\/7\/7\/18.2-308.2_1","metadata":false},{"id":80010,"structure_id":13912,"section_number":"18.2-308.2:2","catch_line":"Criminal history record information check required for the transfer of certain firearms","url":"\/18.2-308.2_2\/","token":"18.2\/7\/7\/18.2-308.2_2","metadata":false},{"id":79132,"structure_id":13912,"section_number":"18.2-308.2:3","catch_line":"Criminal background check required for employees of a gun dealer to transfer firearms; exemptions; penalties","url":"\/18.2-308.2_3\/","token":"18.2\/7\/7\/18.2-308.2_3","metadata":false},{"id":71509,"structure_id":13912,"section_number":"18.2-308.2:4","catch_line":"Firearm verification check; penalty","url":"\/18.2-308.2_4\/","token":"18.2\/7\/7\/18.2-308.2_4","metadata":false},{"id":56633,"structure_id":13912,"section_number":"18.2-308.2:5","catch_line":"Criminal history record information check required to sell firearm; penalty","url":"\/18.2-308.2_5\/","token":"18.2\/7\/7\/18.2-308.2_5","metadata":false},{"id":83619,"structure_id":13912,"section_number":"18.2-308.3","catch_line":"Use or attempted use of restricted ammunition in commission or attempted commission of crimes prohibited; penalty","url":"\/18.2-308.3\/","token":"18.2\/7\/7\/18.2-308.3","metadata":false},{"id":80658,"structure_id":13912,"section_number":"18.2-308.4","catch_line":"Possession of firearms while in possession of certain substances","url":"\/18.2-308.4\/","token":"18.2\/7\/7\/18.2-308.4","metadata":false},{"id":59300,"structure_id":13912,"section_number":"18.2-308.5","catch_line":"Manufacture, import, sale, transfer or possession of plastic firearm prohibited","url":"\/18.2-308.5\/","token":"18.2\/7\/7\/18.2-308.5","metadata":false},{"id":76780,"structure_id":13912,"section_number":"18.2-308.5:1","catch_line":"Manufacture, importation, sale, possession, transfer, or transportation of auto sears and trigger activators prohibited; 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selling, giving, etc., or possessing firearm without serial number; penalties","url":"\/18.2-311.1\/","token":"18.2\/7\/7\/18.2-311.1","metadata":false},{"id":70367,"structure_id":13912,"section_number":"18.2-311.2","catch_line":"Third conviction of firearm offenses; penalty","url":"\/18.2-311.2\/","token":"18.2\/7\/7\/18.2-311.2","metadata":false}],"previous_section":{"id":80010,"structure_id":13912,"section_number":"18.2-308.2:2","catch_line":"Criminal history record information check required for the transfer of certain firearms","url":"\/18.2-308.2_2\/","token":"18.2\/7\/7\/18.2-308.2_2","metadata":false},"next_section":{"id":71509,"structure_id":13912,"section_number":"18.2-308.2:4","catch_line":"Firearm verification check; penalty","url":"\/18.2-308.2_4\/","token":"18.2\/7\/7\/18.2-308.2_4","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-308.2:3\/","history_text":"

This law was first created in 2000. The record of its establishment is cataloged in chapter 794<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2002, chapter 880<\/a>; in 2003, chapter 976<\/a>; in 2016, chapters 48<\/a> and 49<\/a>; in 2020, chapters 887<\/a>, 888<\/a>, and 1173<\/a>.<\/p>","references":false,"refers_to":[{"id":81568,"section_number":"18.2-308.1:1","catch_line":"Purchase, possession, or transportation of firearms by persons acquitted by reason of insanity; penalty","order_by":null,"url":"\/18.2-308.1_1\/"},{"id":86450,"section_number":"18.2-308.1:2","catch_line":"Purchase, possession, or transportation of firearm by persons adjudicated legally incompetent or mentally incapacitated; penalty","order_by":null,"url":"\/18.2-308.1_2\/"},{"id":81410,"section_number":"18.2-308.1:3","catch_line":"Purchase, possession, or transportation of firearm by persons involuntarily admitted or ordered to outpatient treatment; penalty","order_by":null,"url":"\/18.2-308.1_3\/"},{"id":72509,"section_number":"18.2-308.1:4","catch_line":"Purchase or transportation of firearm by persons subject to protective orders; penalties","order_by":null,"url":"\/18.2-308.1_4\/"},{"id":73257,"section_number":"18.2-308.1:6","catch_line":"Purchase, possession, or transportation of firearms by persons subject to substantial risk orders; penalty","order_by":null,"url":"\/18.2-308.1_6\/"},{"id":81270,"section_number":"18.2-308.1:7","catch_line":"Purchase, possession, or transportation of firearm by persons enrolled into the Voluntary Do Not Sell Firearms List; penalty","order_by":null,"url":"\/18.2-308.1_7\/"},{"id":81427,"section_number":"18.2-308.1:8","catch_line":"Purchase, possession, or transportation of firearm following an assault and battery of a family or household member; penalty","order_by":null,"url":"\/18.2-308.1_8\/"},{"id":56786,"section_number":"18.2-308.2","catch_line":"Possession or transportation of firearms, firearms ammunition, stun weapons, explosives or concealed weapons by convicted felons; penalties; petition for restoration order; when issued","order_by":null,"url":"\/18.2-308.2\/"},{"id":54959,"section_number":"18.2-308.2:01","catch_line":"Possession or transportation of certain firearms by certain persons","order_by":null,"url":"\/18.2-308.2_01\/"},{"id":80010,"section_number":"18.2-308.2:2","catch_line":"Criminal history record information check required for the transfer of certain firearms","order_by":null,"url":"\/18.2-308.2_2\/"}],"permalink":{"id":167247,"object_type":"law","relational_id":79132,"identifier":"18.2-308.2:3","token":"18.2\/7\/7\/18.2-308.2_3","url":"\/18.2-308.2_3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-308.2_3\/","token":"18.2\/7\/7\/18.2-308.2_3","dublin_core":{"Title":"Criminal background check required for employees of a gun dealer to transfer firearms; exemptions; penalties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-308.2:3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> No person, corporation, or proprietorship licensed as a firearms<\/span> dealer<\/span> pursuant to 18 U.S.C. § 921 et seq. shall employ any person to act as a seller<\/span>, whether full-time or part-time, permanent, temporary, paid or unpaid, for the transfer<\/span> of firearms<\/span> under § 18.2-308.2:2<\/a>, if such employee would be prohibited from possessing a firearm<\/span> under § 18.2-308.1:1<\/a>, 18.2-308.1:2<\/a>, or 18.2-308.1:3<\/a>, subsection B of § 18.2-308.1:4<\/a>, or § 18.2-308.1:6<\/a>, 18.2-308.1:7<\/a>, 18.2-308.1:8<\/a>, 18.2-308.2<\/a>, or 18.2-308.2:01<\/a>, or is an illegal alien, or is prohibited from purchasing or transporting a firearm<\/span> pursuant to subsection A of § 18.2-308.1:4<\/a> or § 18.2-308.1:5<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Prior to permitting an applicant to begin employment, the dealer<\/span> shall obtain a written statement or affirmation from the applicant that he is not disqualified from possessing a firearm<\/span> and shall submit the applicant’s fingerprints and personal descriptive information to the Central Criminal Records Exchange to be forwarded to the Federal Bureau of Investigation (FBI) for the purpose of obtaining national criminal history record information regarding the applicant. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Prior to August 1, 2000, the dealer<\/span> shall obtain written statements or affirmations from persons employed before July 1, 2000, to act as a seller<\/span> under § 18.2-308.2:2<\/a> that they are not disqualified from possessing a firearm<\/span>. Within five working days of the employee’s next birthday, after August 1, 2000, the dealer<\/span> shall submit the employee’s fingerprints and personal descriptive information to the Central Criminal Records Exchange to be forwarded to the Federal Bureau of Investigation (FBI) for the purpose of obtaining national criminal history record information regarding the request. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C1.<\/span> In lieu of submitting fingerprints pursuant to this section, any dealer<\/span> holding a valid federal firearms<\/span> license (FFL) issued by the Bureau of Alcohol, Tobacco and Firearms<\/span> (ATF) may submit a sworn and notarized affidavit<\/span> to the Department of State Police on a form provided by the Department, stating that the dealer<\/span> has been subjected to a record check prior to the issuance and that the FFL was issued by the ATF. The affidavit<\/span> may also contain the names of any employees that have been subjected to a record check and approved by the ATF. This exemption shall apply regardless of whether the FFL was issued in the name of the dealer<\/span> or in the name of the business. The affidavit<\/span> shall contain the valid FFL number, state the name of each person requesting the exemption, together with each person’s identifying information, including their social security number and the following statement: “I hereby swear, under the penalty<\/span> of perjury<\/span>, that as a condition of obtaining a federal firearms<\/span> license, each person requesting an exemption in this affidavit<\/span> has been subjected to a fingerprint identification check by the Bureau of Alcohol, Tobacco and Firearms<\/span> and the Bureau of Alcohol, Tobacco and Firearms<\/span> subsequently determined that each person satisfied the requirements of 18 U.S.C. § 921 et seq. I understand that any person convicted of making a false statement in this affidavit<\/span> is guilty of a Class 5 felony<\/span> and that in addition to any other penalties imposed by law<\/span>, a conviction<\/span> under this section shall result in the forfeiture of my federal firearms<\/span> license.” <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Department of State Police, upon receipt of an individual’s record or notification that no record exists, shall submit an eligibility report to the requesting dealer<\/span> within 30 days of the applicant beginning his duties for new employees or within 30 days of the applicant’s birthday for a person employed prior to July 1, 2000. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> If any applicant is denied employment because of information appearing on the criminal history record and the applicant disputes the information upon which the denial was based, the Central Criminal Records Exchange shall, upon written request, furnish to the applicant the procedures for obtaining a copy of the criminal history record from the Federal Bureau of Investigation. The information provided to the dealer<\/span> shall not be disseminated except as provided in this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The applicant shall bear the cost of obtaining the criminal history record unless the dealer<\/span>, at his option, decides to pay such cost. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Upon receipt of the request for a criminal history record information check, the State Police shall establish a unique number for that firearm<\/span> seller<\/span>. Beginning September 1, 2001, the firearm<\/span> seller<\/span>’s signature, firearm<\/span> seller<\/span>’s number and the dealer<\/span>’s identification number shall be on all firearm<\/span> transaction forms. The State Police shall void the firearm<\/span> seller<\/span>’s number when a disqualifying record is discovered. The State Police may suspend a firearm<\/span> seller<\/span>’s identification number upon the arrest<\/span> of the firearm<\/span> seller<\/span> for a potentially disqualifying crime<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> This section shall not restrict the transfer<\/span> of a firearm<\/span> at any place other than at a dealership or at any event required to be registered as a gun show. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Any person who willfully and intentionally requests, obtains, or seeks to obtain criminal history record information under false pretenses<\/span>, or who willfully and intentionally disseminates or seeks to disseminate criminal history record information except as authorized by this section and § 18.2-308.2:2<\/a>, shall be guilty of a Class 2 misdemeanor<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> Any person willfully and intentionally making a materially false statement on the personal descriptive information required in this section shall be guilty of a Class 5 felony<\/span>. Any person who offers for transfer<\/span> any firearm<\/span> in violation of this section shall be guilty of a Class 1 misdemeanor<\/span>. Any dealer<\/span> who willfully and knowingly employs or permits a person to act as a firearm<\/span> seller<\/span> in violation of this section shall be guilty of a Class 1 misdemeanor<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> There is no civil liability for any seller<\/span> for the actions of any purchaser or subsequent transferee of a firearm<\/span> lawfully transferred pursuant to this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

L.<\/span> The provisions of this section requiring a seller<\/span>’s background check shall not apply to a licensed dealer<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

M.<\/span> Any person who willfully and intentionally makes a false statement in the affidavit<\/span> as set out in subdivision C 1 shall be guilty of a Class 5 felony<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

N.<\/span> For purposes of this section:\n\t\t\t“Dealer<\/span>” means any person, corporation or proprietorship licensed as a dealer<\/span> pursuant to 18 U.S.C. § 921 et seq.\n\t\t\t“Firearm<\/span>” means any handgun, shotgun, or rifle that will or is designed to or may readily be converted to expel single or multiple projectiles by action of an explosion of a combustible material<\/span>.\n\t\t\t“Place of business<\/span>” means any place or premises where a dealer<\/span> may lawfully transfer<\/span> firearms<\/span>.\n\t\t\t“Seller<\/span>” means for the purpose of any single sale of a firearm<\/span> any person who is a dealer<\/span> or an agent of a dealer<\/span>, who may lawfully transfer<\/span> firearms<\/span> and who actually performs the criminal background check in accordance with the provisions of § 18.2-308.2:2<\/a>.\n\t\t\t“Transfer<\/span>” means any act performed with intent<\/span> to sell, rent, barter, or trade or otherwise transfer<\/span> ownership or permanent possession<\/span> of a firearm<\/span> at the place of business<\/span> of a dealer<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCRIMINAL BACKGROUND CHECK REQUIRED FOR EMPLOYEES OF A GUN DEALER TO TRANSFER\nFIREARMS; EXEMPTIONS; PENALTIES (\u00a7 18.2-308.2:3)\n\nA. No person, corporation, or proprietorship licensed as a firearms dealer\npursuant to 18 U.S.C. § 921 et seq. shall employ any person to act as a\nseller, whether full-time or part-time, permanent, temporary, paid or unpaid,\nfor the transfer of firearms under § 18.2-308.2:2, if such employee would\nbe prohibited from possessing a firearm under § 18.2-308.1:1, 18.2-308.1:2,\nor 18.2-308.1:3, subsection B of § 18.2-308.1:4, or § 18.2-308.1:6,\n18.2-308.1:7, 18.2-308.1:8, 18.2-308.2, or 18.2-308.2:01, or is an illegal\nalien, or is prohibited from purchasing or transporting a firearm pursuant to\nsubsection A of § 18.2-308.1:4 or § 18.2-308.1:5.\n\nB. Prior to permitting an applicant to begin employment, the dealer shall obtain\na written statement or affirmation from the applicant that he is not\ndisqualified from possessing a firearm and shall submit the applicant’s\nfingerprints and personal descriptive information to the Central Criminal\nRecords Exchange to be forwarded to the Federal Bureau of Investigation (FBI)\nfor the purpose of obtaining national criminal history record information\nregarding the applicant.\n\nC. Prior to August 1, 2000, the dealer shall obtain written statements or\naffirmations from persons employed before July 1, 2000, to act as a seller under\n§ 18.2-308.2:2 that they are not disqualified from possessing a firearm.\nWithin five working days of the employee’s next birthday, after August 1,\n2000, the dealer shall submit the employee’s fingerprints and personal\ndescriptive information to the Central Criminal Records Exchange to be forwarded\nto the Federal Bureau of Investigation (FBI) for the purpose of obtaining\nnational criminal history record information regarding the request.\n\nC1. In lieu of submitting fingerprints pursuant to this section, any dealer\nholding a valid federal firearms license (FFL) issued by the Bureau of Alcohol,\nTobacco and Firearms (ATF) may submit a sworn and notarized affidavit to the\nDepartment of State Police on a form provided by the Department, stating that\nthe dealer has been subjected to a record check prior to the issuance and that\nthe FFL was issued by the ATF. The affidavit may also contain the names of any\nemployees that have been subjected to a record check and approved by the ATF.\nThis exemption shall apply regardless of whether the FFL was issued in the name\nof the dealer or in the name of the business. The affidavit shall contain the\nvalid FFL number, state the name of each person requesting the exemption,\ntogether with each person’s identifying information, including their\nsocial security number and the following statement: “I hereby swear, under\nthe penalty of perjury, that as a condition of obtaining a federal firearms\nlicense, each person requesting an exemption in this affidavit has been\nsubjected to a fingerprint identification check by the Bureau of Alcohol,\nTobacco and Firearms and the Bureau of Alcohol, Tobacco and Firearms\nsubsequently determined that each person satisfied the requirements of 18 U.S.C.\n§ 921 et seq. I understand that any person convicted of making a false\nstatement in this affidavit is guilty of a Class 5 felony and that in addition\nto any other penalties imposed by law, a conviction under this section shall\nresult in the forfeiture of my federal firearms license.”\n\nD. The Department of State Police, upon receipt of an individual’s record\nor notification that no record exists, shall submit an eligibility report to the\nrequesting dealer within 30 days of the applicant beginning his duties for new\nemployees or within 30 days of the applicant’s birthday for a person\nemployed prior to July 1, 2000.\n\nE. If any applicant is denied employment because of information appearing on the\ncriminal history record and the applicant disputes the information upon which\nthe denial was based, the Central Criminal Records Exchange shall, upon written\nrequest, furnish to the applicant the procedures for obtaining a copy of the\ncriminal history record from the Federal Bureau of Investigation. The\ninformation provided to the dealer shall not be disseminated except as provided\nin this section.\n\nF. The applicant shall bear the cost of obtaining the criminal history record\nunless the dealer, at his option, decides to pay such cost.\n\nG. Upon receipt of the request for a criminal history record information check,\nthe State Police shall establish a unique number for that firearm seller.\nBeginning September 1, 2001, the firearm seller’s signature, firearm\nseller’s number and the dealer’s identification number shall be on\nall firearm transaction forms. The State Police shall void the firearm\nseller’s number when a disqualifying record is discovered. The State\nPolice may suspend a firearm seller’s identification number upon the\narrest of the firearm seller for a potentially disqualifying crime.\n\nH. This section shall not restrict the transfer of a firearm at any place other\nthan at a dealership or at any event required to be registered as a gun show.\n\nI. Any person who willfully and intentionally requests, obtains, or seeks to\nobtain criminal history record information under false pretenses, or who\nwillfully and intentionally disseminates or seeks to disseminate criminal\nhistory record information except as authorized by this section and §\n18.2-308.2:2, shall be guilty of a Class 2 misdemeanor.\n\nJ. Any person willfully and intentionally making a materially false statement on\nthe personal descriptive information required in this section shall be guilty of\na Class 5 felony. Any person who offers for transfer any firearm in violation of\nthis section shall be guilty of a Class 1 misdemeanor. Any dealer who willfully\nand knowingly employs or permits a person to act as a firearm seller in\nviolation of this section shall be guilty of a Class 1 misdemeanor.\n\nK. There is no civil liability for any seller for the actions of any purchaser\nor subsequent transferee of a firearm lawfully transferred pursuant to this\nsection.\n\nL. The provisions of this section requiring a seller’s background check\nshall not apply to a licensed dealer.\n\nM. Any person who willfully and intentionally makes a false statement in the\naffidavit as set out in subdivision C 1 shall be guilty of a Class 5 felony.\n\nN. For purposes of this section:\n\t\t\t“Dealer” means any person, corporation or proprietorship licensed\nas a dealer pursuant to 18 U.S.C. § 921 et seq.\n\t\t\t“Firearm” means any handgun, shotgun, or rifle that will or is\ndesigned to or may readily be converted to expel single or multiple projectiles\nby action of an explosion of a combustible material.\n\t\t\t“Place of business” means any place or premises where a dealer\nmay lawfully transfer firearms.\n\t\t\t“Seller” means for the purpose of any single sale of a firearm\nany person who is a dealer or an agent of a dealer, who may lawfully transfer\nfirearms and who actually performs the criminal background check in accordance\nwith the provisions of § 18.2-308.2:2.\n\t\t\t“Transfer” means any act performed with intent to sell, rent,\nbarter, or trade or otherwise transfer ownership or permanent possession of a\nfirearm at the place of business of a dealer.\n\nHISTORY: 2000, c. 794; 2002, c. 880; 2003, c. 976; 2016, cc. 48, 49; 2020, cc.\n887, 888, 1173; 2021, Sp. Sess. I, c. 555.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}