                                 CODE OF VIRGINIA

CRIMINAL HISTORY RECORD INFORMATION CHECK REQUIRED TO SELL FIREARM; PENALTY (§
18.2-308.2:5)

A. 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 &#xA7; 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 &#xA7; 18.2-308.2:2,
and the definitions and provisions of &#xA7; 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
&#xA7; 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. 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:

   1. 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;

   2. The sale occurs at a firearms show, as defined in &#xA7; 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 &#xA7; 54.1-4201.2; or

   3. The sale of a firearm is conducted pursuant to &#xA7; 59.1-148.3, with the
   exception of a sale conducted pursuant to subsection C of &#xA7; 59.1-148.3.

C. 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.

D. 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.

HISTORY: 2020, cc. 1111, 1112; 2022, c. 270.