                                 CODE OF VIRGINIA

FIREARM VERIFICATION CHECK; PENALTY (§ 18.2-308.2:4)

A. For the purposes of this section:
			&#8220;Dealer&#8221; means any person licensed as a dealer pursuant to 18
U.S.C. &#xA7; 921 et seq.
			&#8220;Department&#8221; means the Department of State Police.
			&#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.

B. A dealer who is receiving by sale, transfer, or trade a firearm from a person
who is not a dealer may choose to obtain a verification check from the
Department to determine if the firearm has been reported to a law-enforcement
agency as lost or stolen. If a dealer chooses to obtain a verification check,
the procedures in this section shall be followed.

C. The person selling, transferring, or trading the firearm to the dealer shall
present a valid photo identification issued by a state or federal governmental
agency and shall consent in writing, on a form to be provided by the Department,
to have the dealer obtain a verification check to determine if the firearm has
been reported to a law-enforcement agency as lost or stolen. Such form shall
include only the written consent; the name, address, birth date, gender, race,
and verifiable government identification number on the photo identification
presented by the person selling, transferring, or trading the firearm; and the
serial number, caliber, make, and, if available, model of the firearm.

D. A dealer shall (i) obtain written consent and identifying information on the
consent form specified in subsection C; (ii) provide the Department with the
serial number, caliber, make, and, if available, model of the firearm intended
to be sold, traded, or transferred to the dealer; (iii) request a verification
check by telephone or other manner authorized by the Department; and (iv)
receive information from the Department as to whether the firearm has been
reported to a law-enforcement agency as lost or stolen.
			To establish personal identification and residence for purposes of this
section, a dealer shall require a prospective transferee to present one
photo-identification form containing a verifiable identification number issued
by a governmental agency of the Commonwealth, a similar photo-identification
form from another state government or by the U.S. Department of Defense, or
other documentation of residence determined acceptable by the Department.

E. Upon receipt of the request for a verification check, the Department shall
(i) query firearms databases to determine if the firearm has been reported to a
law-enforcement agency as lost or stolen, (ii) inform the dealer if the firearm
has been reported to a law-enforcement agency as lost or stolen, and (iii)
provide the dealer with a unique response for that inquiry.
			The Department shall provide its response to the requesting dealer
electronically or by return call without delay. If the verification check
discloses that the firearm cannot be lawfully sold, transferred, or traded, the
Department shall have until the end of the dealer&#8217;s next business day to
advise the dealer that its records indicate the firearm cannot be lawfully sold,
transferred, or traded pursuant to state or federal law.
			In the case of electronic failure or other circumstances beyond the control
of the Department, the dealer shall be advised immediately of the reason for
such delay and be given an estimate of the length of such delay. After such
notification, the Department shall, as soon as possible but in no event later
than the end of the dealer&#8217;s next business day, inform the requesting
dealer if the firearm cannot be lawfully sold, transferred, or traded pursuant
to state or federal law.

F. The Department shall maintain a log of requests made for a period of 12
months from the date the request was made, consisting of the serial number,
caliber, make, and, if available, model of the firearm; the dealer
identification number; and the transaction date.

G. The dealer shall maintain the consent form for a period of 12 months from the
date of the transaction if the firearm is determined to be lost or stolen. If
the firearm is determined not to be lost or stolen, the consent form shall be
destroyed by the dealer within two weeks from the date of such determination.

H. The Superintendent of State Police shall promulgate regulations to ensure the
identity, confidentiality, and security of all records and data provided
pursuant to this section.

I. The provisions of this section shall not apply to transactions between
persons who are licensed as firearms importers, manufacturers, or dealers
pursuant to 18 U.S.C. &#xA7; 921 et seq.

J. Any person who willfully and intentionally makes a material false statement
on the consent form is guilty of a Class 1 misdemeanor.

HISTORY: 2014, c. 821.