{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-308.2_5.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-308.2_5.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-308.2_5.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-308.2_5.html"}],"law_id":56633,"edition_id":1,"section_id":56633,"structure_id":13912,"section_number":"18.2-308.2:5","catch_line":"Criminal history record information check required to sell firearm; penalty","history":"2020, cc. 1111, 1112; 2022, c. 270.","full_text":"A\n\nNo person shall sell a firearm for money, goods, services or anything else of value unless he has obtained verification from a licensed dealer in firearms that information on the prospective purchaser has been submitted for a criminal history record information check as set out in § 18.2-308.2:2 and that a determination has been received from the Department of State Police that the prospective purchaser is not prohibited under state or federal law from possessing a firearm or such sale is specifically exempted by state or federal law. The Department of State Police shall provide a means by which sellers may obtain from designated licensed dealers the approval or denial of firearm transfer requests, based on criminal history record information checks. The processes established shall conform to the provisions of § 18.2-308.2:2, and the definitions and provisions of § 18.2-308.2:2 regarding criminal history record information checks shall apply to this section mutatis mutandis. The designated dealer shall collect and disseminate the fees prescribed in § 18.2-308.2:2 as required by that section. The dealer may charge and retain an additional fee not to exceed $15 for obtaining a criminal history record information check on behalf of a seller.B\n\nNotwithstanding the provisions of subsection A and unless otherwise prohibited by state or federal law, a person may sell a firearm to another person if:1\n\nThe sale of a firearm is to an authorized representative of the Commonwealth or any subdivision thereof as part of an authorized voluntary gun buy-back or give-back program;2\n\nThe sale occurs at a firearms show, as defined in § 54.1-4200, and the seller has received a determination from the Department of State Police that the purchaser is not prohibited under state or federal law from possessing a firearm in accordance with § 54.1-4201.2; or3\n\nThe sale of a firearm is conducted pursuant to § 59.1-148.3, with the exception of a sale conducted pursuant to subsection C of § 59.1-148.3.C\n\nAny person who willfully and intentionally sells a firearm to another person without obtaining verification in accordance with this section is guilty of a Class 1 misdemeanor.D\n\nAny person who willfully and intentionally purchases a firearm from another person without obtaining verification in accordance with this section is guilty of a Class 1 misdemeanor.","order_by":null,"text":{"0":{"id":207236,"text":"No person shall sell a firearm for money, goods, services or anything else of value unless he has obtained verification from a licensed dealer in firearms that information on the prospective purchaser has been submitted for a criminal history record information check as set out in § 18.2-308.2:2 and that a determination has been received from the Department of State Police that the prospective purchaser is not prohibited under state or federal law from possessing a firearm or such sale is specifically exempted by state or federal law. The Department of State Police shall provide a means by which sellers may obtain from designated licensed dealers the approval or denial of firearm transfer requests, based on criminal history record information checks. The processes established shall conform to the provisions of § 18.2-308.2:2, and the definitions and provisions of § 18.2-308.2:2 regarding criminal history record information checks shall apply to this section mutatis mutandis. The designated dealer shall collect and disseminate the fees prescribed in § 18.2-308.2:2 as required by that section. The dealer may charge and retain an additional fee not to exceed $15 for obtaining a criminal history record information check on behalf of a seller.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":207237,"text":"Notwithstanding the provisions of subsection A and unless otherwise prohibited by state or federal law, a person may sell a firearm to another person if:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":207238,"text":"The sale of a firearm is to an authorized representative of the Commonwealth or any subdivision thereof as part of an authorized voluntary gun buy-back or give-back program;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":207239,"text":"The sale occurs at a firearms show, as defined in § 54.1-4200, and the seller has received a determination from the Department of State Police that the purchaser is not prohibited under state or federal law from possessing a firearm in accordance with § 54.1-4201.2; or","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":207240,"text":"The sale of a firearm is conducted pursuant to § 59.1-148.3, with the exception of a sale conducted pursuant to subsection C of § 59.1-148.3.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"C"},"5":{"id":207241,"text":"Any person who willfully and intentionally sells a firearm to another person without obtaining verification in accordance with this section is guilty of a Class 1 misdemeanor.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B3","next_prefix":"D"},"6":{"id":207242,"text":"Any person who willfully and intentionally purchases a firearm from another person without obtaining verification in accordance with this section is guilty of a Class 1 misdemeanor.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-308.2:5\/","history_text":"

This law was first created in 2020. The record of its establishment is cataloged in chapters 1111<\/a> and 1112<\/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 1 time. 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. That modification is as follows: in 2022, chapter 270<\/a>.<\/p>","references":false,"refers_to":[{"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\/"},{"id":68120,"section_number":"54.1-4200","catch_line":"Definitions","order_by":null,"url":"\/54.1-4200\/"},{"id":62857,"section_number":"54.1-4201.2","catch_line":"Firearm transactions by persons other than dealers; mandatory background checks","order_by":null,"url":"\/54.1-4201.2\/"},{"id":85471,"section_number":"59.1-148.3","catch_line":"Purchase of handguns or other weapons of certain officers","order_by":null,"url":"\/59.1-148.3\/"}],"permalink":{"id":167255,"object_type":"law","relational_id":56633,"identifier":"18.2-308.2:5","token":"18.2\/7\/7\/18.2-308.2_5","url":"\/18.2-308.2_5\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-308.2_5\/","token":"18.2\/7\/7\/18.2-308.2_5","dublin_core":{"Title":"Criminal history record information check required to sell firearm; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-308.2:5","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> No person shall sell a firearm for money, goods, services or anything else of value unless he has obtained verification from a licensed dealer in firearms that information on the prospective purchaser has been submitted for a criminal history record information check as set out in § 18.2-308.2:2<\/a> and that a determination has been received from the Department of State Police that the prospective purchaser is not prohibited under state or federal law<\/span> from possessing a firearm or such sale is specifically exempted by state or federal law<\/span>. The Department of State Police shall provide a means by which sellers may obtain from designated licensed dealers the approval or denial of firearm transfer requests, based on criminal history record information checks. The processes established shall conform to the provisions of § 18.2-308.2:2<\/a>, and the definitions and provisions of § 18.2-308.2:2<\/a> regarding criminal history record information checks shall apply to this section mutatis mutandis<\/span>. The designated dealer shall collect and disseminate the fees prescribed in § 18.2-308.2:2<\/a> as required by that section. The dealer may charge and retain an additional fee not to exceed $15 for obtaining a criminal history record information check on behalf of a seller. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Notwithstanding the provisions of subsection A and unless otherwise prohibited by state or federal law<\/span>, a person may sell a firearm to another person if: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The sale of a firearm is to an authorized representative of the Commonwealth or any subdivision thereof as part of an authorized voluntary gun buy-back or give-back program; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The sale occurs at a firearms show, as defined in § 54.1-4200<\/a>, and the seller has received a determination from the Department of State Police that the purchaser is not prohibited under state or federal law<\/span> from possessing a firearm in accordance with § 54.1-4201.2<\/a>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The sale of a firearm is conducted pursuant to § 59.1-148.3<\/a>, with the exception of a sale conducted pursuant to subsection C of § 59.1-148.3<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any person who willfully and intentionally sells a firearm to another person without obtaining verification in accordance with this section is guilty of a Class 1 misdemeanor<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any person who willfully and intentionally purchases a firearm from another person without obtaining verification in accordance with this section is guilty of a Class 1 misdemeanor<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCRIMINAL HISTORY RECORD INFORMATION CHECK REQUIRED TO SELL FIREARM; PENALTY (\u00a7\n18.2-308.2:5)\n\nA. No person shall sell a firearm for money, goods, services or anything else of\nvalue unless he has obtained verification from a licensed dealer in firearms\nthat information on the prospective purchaser has been submitted for a criminal\nhistory record information check as set out in § 18.2-308.2:2 and that a\ndetermination has been received from the Department of State Police that the\nprospective purchaser is not prohibited under state or federal law from\npossessing a firearm or such sale is specifically exempted by state or federal\nlaw. The Department of State Police shall provide a means by which sellers may\nobtain from designated licensed dealers the approval or denial of firearm\ntransfer requests, based on criminal history record information checks. The\nprocesses established shall conform to the provisions of § 18.2-308.2:2,\nand the definitions and provisions of § 18.2-308.2:2 regarding criminal\nhistory record information checks shall apply to this section mutatis mutandis.\nThe designated dealer shall collect and disseminate the fees prescribed in\n§ 18.2-308.2:2 as required by that section. The dealer may charge and\nretain an additional fee not to exceed $15 for obtaining a criminal history\nrecord information check on behalf of a seller.\n\nB. Notwithstanding the provisions of subsection A and unless otherwise\nprohibited by state or federal law, a person may sell a firearm to another\nperson if:\n\n 1. The sale of a firearm is to an authorized representative of the\n Commonwealth or any subdivision thereof as part of an authorized voluntary gun\n buy-back or give-back program;\n\n 2. The sale occurs at a firearms show, as defined in § 54.1-4200, and the\n seller has received a determination from the Department of State Police that\n the purchaser is not prohibited under state or federal law from possessing a\n firearm in accordance with § 54.1-4201.2; or\n\n 3. The sale of a firearm is conducted pursuant to § 59.1-148.3, with the\n exception of a sale conducted pursuant to subsection C of § 59.1-148.3.\n\nC. Any person who willfully and intentionally sells a firearm to another person\nwithout obtaining verification in accordance with this section is guilty of a\nClass 1 misdemeanor.\n\nD. Any person who willfully and intentionally purchases a firearm from another\nperson without obtaining verification in accordance with this section is guilty\nof a Class 1 misdemeanor.\n\nHISTORY: 2020, cc. 1111, 1112; 2022, c. 270.","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}}