                                 CODE OF VIRGINIA

CRIMINAL HISTORY RECORD INFORMATION CHECK REQUIRED FOR THE TRANSFER OF CERTAIN
FIREARMS (§ 18.2-308.2:2)

A. Any person purchasing from a dealer a firearm as herein defined shall consent
in writing, on a form to be provided by the Department of State Police, to have
the dealer obtain criminal history record information. Such form shall include
only the written consent; the name, birth date, gender, race, citizenship, and
social security number and/or any other identification number; the number of
firearms by category intended to be sold, rented, traded, or transferred; and
answers by the applicant to the following questions: (i) has the applicant been
convicted of a felony offense or a misdemeanor offense listed in &#xA7;
18.2-308.1:8 or found guilty or adjudicated delinquent as a juvenile 14 years of
age or older at the time of the offense of a delinquent act that if committed by
an adult would be a felony or a misdemeanor listed in &#xA7; 18.2-308.1:8; (ii)
is the applicant subject to a court order restraining the applicant from
harassing, stalking, or threatening the applicant&#8217;s child or intimate
partner, or a child of such partner, or is the applicant subject to a protective
order; (iii) has the applicant ever been acquitted by reason of insanity and
prohibited from purchasing, possessing, or transporting a firearm pursuant to
&#xA7; 18.2-308.1:1 or any substantially similar law of any other jurisdiction,
been adjudicated legally incompetent, mentally incapacitated, or adjudicated an
incapacitated person and prohibited from purchasing a firearm pursuant to &#xA7;
18.2-308.1:2 or any substantially similar law of any other jurisdiction, been
involuntarily admitted to an inpatient facility or involuntarily ordered to
outpatient mental health treatment and prohibited from purchasing a firearm
pursuant to &#xA7; 18.2-308.1:3 or any substantially similar law of any other
jurisdiction, or been the subject of a temporary detention order pursuant to
&#xA7; 37.2-809 and subsequently agreed to a voluntary admission pursuant to
&#xA7; 37.2-805; and (iv) is the applicant subject to an emergency substantial
risk order or a substantial risk order entered pursuant to &#xA7; 19.2-152.13 or
19.2-152.14 and prohibited from purchasing, possessing, or transporting a
firearm pursuant to &#xA7; 18.2-308.1:6 or any substantially similar law of any
other jurisdiction.

B. 1. No dealer shall sell, rent, trade, or transfer from his inventory any such
firearm to any other person who is a resident of Virginia until he has (i)
obtained written consent and the other information on the consent form specified
in subsection A, and provided the Department of State Police with the name,
birth date, gender, race, citizenship, and social security and/or any other
identification number and the number of firearms by category intended to be
sold, rented, traded, or transferred and (ii) requested criminal history record
information by a telephone call to or other communication authorized by the
State Police and is authorized by subdivision 2 to complete the sale or other
such transfer. To establish personal identification and residence in Virginia
for purposes of this section, a dealer must require any prospective purchaser to
present one photo-identification form issued by a governmental agency of the
Commonwealth or by the United States Department of Defense or a special
identification card without a photograph issued pursuant to § 46.2-345.2 that
demonstrates that the prospective purchaser resides in Virginia. For the
purposes of this section and establishment of residency for firearm purchase,
residency of a member of the armed forces shall include both the state in which
the member&#8217;s permanent duty post is located and any nearby state in which
the member resides and from which he commutes to the permanent duty post. A
member of the armed forces whose photo identification issued by the Department
of Defense does not have a Virginia address may establish his Virginia residency
with such photo identification and either permanent orders assigning the
purchaser to a duty post, including the Pentagon, in Virginia or the
purchaser&#8217;s Leave and Earnings Statement. When the identification
presented to a dealer by the prospective purchaser is a driver&#8217;s license
or other photo identification issued by the Department of Motor Vehicles or a
special identification card without a photograph issued pursuant to §
46.2-345.2, and such identification form or card contains a date of issue, the
dealer shall not, except for a renewed driver&#8217;s license or other photo
identification issued by the Department of Motor Vehicles or a renewed special
identification card without a photograph issued pursuant to § 46.2-345.2, sell
or otherwise transfer a firearm to the prospective purchaser until 30 days after
the date of issue of an original or duplicate driver&#8217;s license or special
identification card without a photograph unless the prospective purchaser also
presents a copy of his Virginia Department of Motor Vehicles driver&#8217;s
record showing that the original date of issue of the driver&#8217;s license was
more than 30 days prior to the attempted purchase.
			In addition, no dealer shall sell, rent, trade, or transfer from his
inventory any assault firearm to any person who is not a citizen of the United
States or who is not a person lawfully admitted for permanent residence.
			Upon receipt of the request for a criminal history record information check,
the State Police shall (a) review its criminal history record information to
determine if the buyer or transferee is prohibited from possessing or
transporting a firearm by state or federal law, (b) inform the dealer if its
record indicates that the buyer or transferee is so prohibited, and (c) provide
the dealer with a unique reference number for that inquiry.

   2. The State Police shall provide its response to the requesting dealer during
   the dealer&#8217;s request or by return call without delay. A dealer who
   fulfills the requirements of subdivision 1 and is told by the State Police
   that a response will not be available by the end of the dealer&#8217;s fifth
   business day may immediately complete the sale or transfer and shall not be
   deemed in violation of this section with respect to such sale or transfer.

   3. Except as required by subsection D of &#xA7; 9.1-132, the State Police
   shall not maintain records longer than 30 days, except for multiple handgun
   transactions for which records shall be maintained for 12 months, from any
   dealer&#8217;s request for a criminal history record information check
   pertaining to a buyer or transferee who is not found to be prohibited from
   possessing and transporting a firearm under state or federal law. However, the
   log on requests made may be maintained for a period of 12 months, and such log
   shall consist of the name of the purchaser, the dealer identification number,
   the unique approval number, and the transaction date.

   4. On the last day of the week following the sale or transfer of any firearm,
   the dealer shall mail or deliver the written consent form required by
   subsection A to the Department of State Police. The State Police shall
   immediately initiate a search of all available criminal history record
   information to determine if the purchaser is prohibited from possessing or
   transporting a firearm under state or federal law. If the search discloses
   information indicating that the buyer or transferee is so prohibited from
   possessing or transporting a firearm, the State Police shall inform the chief
   law-enforcement officer in the jurisdiction where the sale or transfer
   occurred and the dealer without delay.

   5. Notwithstanding any other provisions of this section, rifles and shotguns
   may be purchased by persons who are citizens of the United States or persons
   lawfully admitted for permanent residence but residents of other states under
   the terms of subsections A and B upon furnishing the dealer with one
   photo-identification form issued by a governmental agency of the
   person&#8217;s state of residence and one other form of identification
   determined to be acceptable by the Department of Criminal Justice Services.

   6. For the purposes of this subsection, the phrase &#8220;dealer&#8217;s fifth
   business day&#8221; does not include December 25.

C. No dealer shall sell, rent, trade, or transfer from his inventory any
firearm, except when the transaction involves a rifle or a shotgun and can be
accomplished pursuant to the provisions of subdivision B 5, to any person who is
a dual resident of Virginia and another state pursuant to applicable federal law
unless he has first obtained from the Department of State Police a report
indicating that a search of all available criminal history record information
has not disclosed that the person is prohibited from possessing or transporting
a firearm under state or federal law.
			To establish personal identification and dual resident eligibility for
purposes of this subsection, a dealer shall require any prospective purchaser to
present one photo-identification form issued by a governmental agency of the
prospective purchaser&#8217;s state of legal residence and other documentation
of dual residence within the Commonwealth. The other documentation of dual
residence in the Commonwealth may include (i) evidence of currently paid
personal property tax or real estate tax or a current (a) lease, (b) utility or
telephone bill, (c) voter registration card, (d) bank check, (e) passport, (f)
automobile registration, or (g) hunting or fishing license; (ii) other current
identification allowed as evidence of residency by 27 C.F.R. &#xA7; 178.124 and
ATF Ruling 2001-5; or (iii) other documentation of residence determined to be
acceptable by the Department of Criminal Justice Services and that corroborates
that the prospective purchaser currently resides in Virginia.

D. If any buyer or transferee is denied the right to purchase a firearm under
this section, he may exercise his right of access to and review and correction
of criminal history record information under &#xA7; 9.1-132 or institute a civil
action as provided in &#xA7; 9.1-135, provided any such action is initiated
within 30 days of such denial.

E. Any dealer 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 in this section, shall be guilty
of a Class 2 misdemeanor.

F. For purposes of this section:
			&#8220;Actual buyer&#8221; means a person who executes the consent form
required in subsection B or C, or other such firearm transaction records as may
be required by federal law.
			&#8220;Antique firearm&#8221; means:

   1. Any firearm (including any firearm with a matchlock, flintlock, percussion
   cap, or similar type of ignition system) manufactured in or before 1898;

   2. Any replica of any firearm described in subdivision 1 of this definition if
   such replica (i) is not designed or redesigned for using rimfire or
   conventional centerfire fixed ammunition or (ii) uses rimfire or conventional
   centerfire fixed ammunition that is no longer manufactured in the United
   States and that is not readily available in the ordinary channels of
   commercial trade;

   3. Any muzzle-loading rifle, muzzle-loading shotgun, or muzzle-loading pistol
   that is designed to use black powder, or a black powder substitute, and that
   cannot use fixed ammunition. For purposes of this subdivision, the term
   &#8220;antique firearm&#8221; shall not include any weapon that incorporates a
   firearm frame or receiver, any firearm that is converted into a muzzle-loading
   weapon, or any muzzle-loading weapon that can be readily converted to fire
   fixed ammunition by replacing the barrel, bolt, breech-block, or any
   combination thereof; or

   4. Any curio or relic as defined in this subsection.
   				&#8220;Assault firearm&#8221; means any semi-automatic center-fire rifle
   or pistol which expels single or multiple projectiles by action of an
   explosion of a combustible material and is equipped at the time of the offense
   with a magazine which will hold more than 20 rounds of ammunition or designed
   by the manufacturer to accommodate a silencer or equipped with a folding
   stock.
   				&#8220;Curios or relics&#8221; means firearms that are of special interest
   to collectors by reason of some quality other than is associated with firearms
   intended for sporting use or as offensive or defensive weapons. To be
   recognized as curios or relics, firearms must fall within one of the following
   categories:

   1. Firearms that were manufactured at least 50 years prior to the current
   date, which use rimfire or conventional centerfire fixed ammunition that is no
   longer manufactured in the United States and that is not readily available in
   the ordinary channels of commercial trade, but not including replicas thereof;

   2. Firearms that are certified by the curator of a municipal, state, or
   federal museum that exhibits firearms to be curios or relics of museum
   interest; and

   3. Any other firearms that derive a substantial part of their monetary value
   from the fact that they are novel, rare, bizarre, or because of their
   association with some historical figure, period, or event. Proof of
   qualification of a particular firearm under this category may be established
   by evidence of present value and evidence that like firearms are not available
   except as collectors&#8217; items, or that the value of like firearms
   available in ordinary commercial channels is substantially less.
   				&#8220;Dealer&#8221; means any person licensed as a dealer pursuant to 18
   U.S.C. &#xA7; 921 et seq.
   				&#8220;Firearm&#8221; 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.
   				&#8220;Handgun&#8221; means any pistol or revolver or other firearm
   originally designed, made and intended to fire single or multiple projectiles
   by means of an explosion of a combustible material from one or more barrels
   when held in one hand.
   				&#8220;Lawfully admitted for permanent residence&#8221; means the status
   of having been lawfully accorded the privilege of residing permanently in the
   United States as an immigrant in accordance with the immigration laws, such
   status not having changed.

G. The Department of Criminal Justice Services shall promulgate regulations to
ensure the identity, confidentiality, and security of all records and data
provided by the Department of State Police pursuant to this section.

H. The provisions of this section shall not apply to (i) transactions between
persons who are licensed as firearms importers or collectors, manufacturers or
dealers pursuant to 18 U.S.C. &#xA7; 921 et seq.; (ii) purchases by or sales to
any law-enforcement officer or agent of the United States, the Commonwealth or
any local government, or any campus police officer appointed under Article 3
(&#xA7; 23.1-809 et seq.) of Chapter 8 of Title 23.1; or (iii) antique firearms
or curios or relics.

I. The provisions of this section shall not apply to restrict purchase, trade,
or transfer of firearms by a resident of Virginia when the resident of Virginia
makes such purchase, trade, or transfer in another state, in which case the laws
and regulations of that state and the United States governing the purchase,
trade, or transfer of firearms shall apply. A National Instant Criminal
Background Check System (NICS) check shall be performed prior to such purchase,
trade, or transfer of firearms.

J. All licensed firearms dealers shall collect a fee of $2 for every transaction
for which a criminal history record information check is required pursuant to
this section, except that a fee of $5 shall be collected for every transaction
involving an out-of-state resident. Such fee shall be transmitted to the
Department of State Police by the last day of the month following the sale for
deposit in a special fund for use by the State Police to offset the cost of
conducting criminal history record information checks under the provisions of
this section.

K. Any person willfully and intentionally making a materially false statement on
the consent form required in subsection B or C or on such firearm transaction
records as may be required by federal law shall be guilty of a Class 5 felony.

L. Except as provided in &#xA7; 18.2-308.2:1, any dealer who willfully and
intentionally sells, rents, trades, or transfers a firearm in violation of this
section shall be guilty of a Class 6 felony.

L1. Any person who attempts to solicit, persuade, encourage, or entice any
dealer to transfer or otherwise convey a firearm other than to the actual buyer,
as well as any other person who willfully and intentionally aids or abets such
person, shall be guilty of a Class 6 felony. This subsection shall not apply to
a federal law-enforcement officer or a law-enforcement officer as defined in
&#xA7; 9.1-101, in the performance of his official duties, or other person under
his direct supervision.

M. Any person who purchases a firearm with the intent to (i) resell or otherwise
provide such firearm to any person who he knows or has reason to believe is
ineligible to purchase or otherwise receive from a dealer a firearm for whatever
reason or (ii) transport such firearm out of the Commonwealth to be resold or
otherwise provided to another person who the transferor knows is ineligible to
purchase or otherwise receive a firearm, shall be guilty of a Class 4 felony and
sentenced to a mandatory minimum term of imprisonment of one year. However, if
the violation of this subsection involves such a transfer of more than one
firearm, the person shall be sentenced to a mandatory minimum term of
imprisonment of five years. The prohibitions of this subsection shall not apply
to the purchase of a firearm by a person for the lawful use, possession, or
transport thereof, pursuant to &#xA7; 18.2-308.7, by his child, grandchild, or
individual for whom he is the legal guardian if such child, grandchild, or
individual is ineligible, solely because of his age, to purchase a firearm.

N. Any person who is ineligible to purchase or otherwise receive or possess a
firearm in the Commonwealth who solicits, employs, or assists any person in
violating subsection M shall be guilty of a Class 4 felony and shall be
sentenced to a mandatory minimum term of imprisonment of five years.

O. Any mandatory minimum sentence imposed under this section shall be served
consecutively with any other sentence.

P. All driver&#8217;s licenses issued on or after July 1, 1994, shall carry a
letter designation indicating whether the driver&#8217;s license is an original,
duplicate, or renewed driver&#8217;s license.

Q. Prior to selling, renting, trading, or transferring any firearm owned by the
dealer but not in his inventory to any other person, a dealer may require such
other person to consent to have the dealer obtain criminal history record
information to determine if such other person is prohibited from possessing or
transporting a firearm by state or federal law. The Department of State Police
shall establish policies and procedures in accordance with 28 C.F.R. &#xA7; 25.6
to permit such determinations to be made by the Department of State Police, and
the processes established for making such determinations shall conform to the
provisions of this section.

R. Except as provided in subdivisions 1 and 2, it shall be unlawful for any
person who is not a licensed firearms dealer to purchase more than one handgun
within any 30-day period. For the purposes of this subsection,
&#8220;purchase&#8221; does not include the exchange or replacement of a handgun
by a seller for a handgun purchased from such seller by the same person seeking
the exchange or replacement within the 30-day period immediately preceding the
date of exchange or replacement. A violation of this subsection is punishable as
a Class 1 misdemeanor.

   1. Purchases in excess of one handgun within a 30-day period may be made upon
   completion of an enhanced background check, as described in this subsection,
   by special application to the Department of State Police listing the number
   and type of handguns to be purchased and transferred for lawful business or
   personal use, in a collector series, for collections, as a bulk purchase from
   estate sales, and for similar purposes. Such applications shall be signed
   under oath by the applicant on forms provided by the Department of State
   Police, shall state the purpose for the purchase above the limit, and shall
   require satisfactory proof of residency and identity. Such application shall
   be in addition to the firearms sales report required by the federal Bureau of
   Alcohol, Tobacco, Firearms and Explosives (ATF). The Superintendent of State
   Police shall promulgate regulations, pursuant to the Administrative Process
   Act (&#xA7; 2.2-4000 et seq.), for the implementation of an application
   process for purchases of handguns above the limit.
   				Upon being satisfied that these requirements have been met, the Department
   of State Police shall immediately issue to the applicant a nontransferable
   certificate, which shall be valid for seven days from the date of issue. The
   certificate shall be surrendered to the dealer by the prospective purchaser
   prior to the consummation of such sale and shall be kept on file at the
   dealer&#8217;s place of business for inspection as provided in &#xA7;
   54.1-4201 for a period of not less than two years. Upon request of any local
   law-enforcement agency, and pursuant to its regulations, the Department of
   State Police may certify such local law-enforcement agency to serve as its
   agent to receive applications and, upon authorization by the Department of
   State Police, issue certificates immediately pursuant to this subdivision.
   Applications and certificates issued under this subdivision shall be
   maintained as records as provided in subdivision B 3. The Department of State
   Police shall make available to local law-enforcement agencies all records
   concerning certificates issued pursuant to this subdivision and all records
   provided for in subdivision B 3.

   2. The provisions of this subsection shall not apply to:
   				a. A law-enforcement agency;
   				b. An agency duly authorized to perform law-enforcement duties;
   				c. A state or local correctional facility;
   				d. A private security company licensed to do business within the
   Commonwealth;
   				e. The purchase of antique firearms;
   				f. A person whose handgun is stolen or irretrievably lost who deems it
   essential that such handgun be replaced immediately. Such person may purchase
   another handgun, even if the person has previously purchased a handgun within
   a 30-day period, provided that (i) the person provides the firearms dealer
   with a copy of the official police report or a summary thereof, on forms
   provided by the Department of State Police, from the law-enforcement agency
   that took the report of the lost or stolen handgun; (ii) the official police
   report or summary thereof contains the name and address of the handgun owner,
   a description of the handgun, the location of the loss or theft, the date of
   the loss or theft, and the date the loss or theft was reported to the
   law-enforcement agency; and (iii) the date of the loss or theft as reflected
   on the official police report or summary thereof occurred within 30 days of
   the person&#8217;s attempt to replace the handgun. The firearms dealer shall
   attach a copy of the official police report or summary thereof to the original
   copy of the Virginia firearms transaction report completed for the transaction
   and retain it for the period prescribed by the Department of State Police;
   				g. A person who trades in a handgun at the same time he makes a handgun
   purchase and as a part of the same transaction, provided that no more than one
   transaction of this nature is completed per day;
   				h. A person who holds a valid Virginia permit to carry a concealed
   handgun;
   				i. A person who purchases a handgun in a private sale. For purposes of
   this subdivision, &#8220;private sale&#8221; means a purchase from a person
   who makes occasional sales, exchanges, or purchases of firearms for the
   enhancement of a personal collection of curios or relics or who sells all or
   part of such collection of curios and relics; or
   				j. A law-enforcement officer. For purposes of this subdivision,
   &#8220;law-enforcement officer&#8221; means any employee of a police
   department or sheriff&#8217;s office that is part of or administered by the
   Commonwealth or any political subdivision thereof and who is responsible for
   the prevention and detection of crime and the enforcement of the penal,
   traffic, or highway laws of the Commonwealth.

HISTORY: 1989, c. 745; 1990, cc. 594, 692; 1991, cc. 515, 525, 716; 1992, cc.
637, 872; 1993, cc. 451, 461, 486, 493, 674; 1994, c. 624; 1997, c. 341; 1998,
c. 844; 2002, c. 695; 2003, cc. 833, 976; 2004, cc. 354, 461, 837, 904, 922;
2005, cc. 578, 859; 2007, c. 509; 2008, cc. 854, 869; 2009, cc. 813, 840; 2011,
c. 235; 2012, cc. 37, 257, 776; 2013, cc. 450, 662, 761, 774, 797; 2015, c. 759;
2016, cc. 697, 727; 2020, cc. 887, 888, 991, 992, 1111, 1112, 1173; 2021, Sp.
Sess. I, cc. 31, 555; 2023, c. 464.