SB1049: Firearms; administration of machine gun registry, nonresident concealed handgun permits.
Be it enacted by the General Assembly of Virginia:
1. That §§ 18.2-308.06 and 18.2-308.2:2 of the Code of Virginia are amended and reenacted as follows:
§ 18.2-308.06. Nonresident concealed handgun permits.
A. Nonresidents of the Commonwealth 21 years of age or older
may apply in writing to the Virginia Department of State Police for a five-year
permit to carry a concealed handgun. Every applicant for a nonresident
concealed handgun permit shall submit two photographs a photograph
of a type and kind specified by the Department of State Police for inclusion on
the permit and shall submit fingerprints on a card provided by the Department
of State Police for the purpose of obtaining the applicant's state or national
criminal history record. As a condition for issuance of a concealed handgun
permit, the applicant shall submit to fingerprinting by his local or state
law-enforcement agency and provide personal descriptive information to be
forwarded with the fingerprints through the Central Criminal Records Exchange
to the U.S. Federal Bureau of Investigation for the purpose of obtaining
criminal history record information regarding the applicant and obtaining
fingerprint identification information from federal records pursuant to
criminal investigations by state and local law-enforcement agencies. The
application shall be made under oath before a notary or other person qualified
to take oaths on a form provided by the Department of State Police, requiring
only that information necessary to determine eligibility for the permit. If the
permittee is later found by the Department of State Police to be disqualified,
the permit shall be revoked and the person shall return the permit after being
so notified by the Department of State Police. The permit requirement and
restriction provisions of subsection C of § 18.2-308.02 and § 18.2-308.09 shall
apply, mutatis mutandis, to the provisions of this subsection.
B. The applicant shall demonstrate competence with a handgun by one of the following:
1. Completing a hunter education or hunter safety course approved by the Virginia Department of Game and Inland Fisheries or a similar agency of another state;
2. Completing any National Rifle Association firearms safety or training course;
3. Completing any firearms safety or training course or class available to the general public offered by a law-enforcement agency, junior college, college, or private or public institution or organization or firearms training school utilizing instructors certified by the National Rifle Association or the Department of Criminal Justice Services or a similar agency of another state;
4. Completing any law-enforcement firearms safety or training course or class offered for security guards, investigators, special deputies, or any division or subdivision of law enforcement or security enforcement;
5. Presenting evidence of equivalent experience with a firearm through participation in organized shooting competition approved by the Department of State Police or current military service or proof of an honorable discharge from any branch of the armed services;
6. Obtaining or previously having held a license to carry a firearm in the Commonwealth or a locality thereof, unless such license has been revoked for cause;
7. Completing any firearms training or safety course or class, including an electronic, video, or on-line course, conducted by a state-certified or National Rifle Association-certified firearms instructor;
8. Completing any governmental police agency firearms training course and qualifying to carry a firearm in the course of normal police duties; or
9. Completing any other firearms training that the Virginia Department of State Police deems adequate.
A photocopy of a certificate of completion of any such course or class; an affidavit from the instructor, school, club, organization, or group that conducted or taught such course or class attesting to the completion of the course or class by the applicant; or a copy of any document that shows completion of the course or class or evidences participation in firearms competition shall satisfy the requirement for demonstration of competence with a handgun.
C. The Department of State Police may charge a fee not to exceed $100 to cover the cost of the background check and issuance of the permit. Any fees collected shall be deposited in a special account to be used to offset the costs of administering the nonresident concealed handgun permit program.
D. The permit to carry a concealed handgun shall contain only the following information: name, address, date of birth, gender, height, weight, color of hair, color of eyes, and photograph of the permittee; the signature of the Superintendent of the Virginia Department of State Police or his designee; the date of issuance; and the expiration date.
E. The Superintendent of the State Police shall promulgate regulations, pursuant to the Administrative Process Act (§ 2.2-4000 et seq.), for the implementation of an application process for obtaining a nonresident concealed handgun permit.
§ 18.2-308.2:2. Criminal history record information check required for the transfer of certain firearms.
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 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 would be a felony if committed by an
adult; (ii) is the applicant subject to a court order restraining the applicant
from harassing, stalking, or threatening the applicant's child or intimate
partner, or a child of such partner, or is the applicant subject to a
protective order; and (iii) has the applicant ever been acquitted by reason of
insanity and prohibited from purchasing, possessing or transporting a firearm
pursuant to § 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 § 18.2-308.1:2 or any substantially similar
law of any other jurisdiction, or; been involuntarily admitted to
an inpatient facility or involuntarily ordered to outpatient mental health
treatment and prohibited from purchasing a firearm pursuant to § 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 § 37.2-809 and subsequently
agreed to voluntary admission pursuant to § 37.2-805 and prohibited from
purchasing a firearm pursuant to § 18.2-308.1:3 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 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'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's Leave and Earnings Statement. When the photo identification presented to a dealer by the prospective purchaser is a driver's license or other photo identification issued by the Department of Motor Vehicles, and such identification form contains a date of issue, the dealer shall not, except for a renewed driver's license or other photo identification issued by the Department of Motor Vehicles, sell or otherwise transfer a firearm to the prospective purchaser until 30 days after the date of issue of an original or duplicate driver's license unless the prospective purchaser also presents a copy of his Virginia Department of Motor Vehicles driver's record showing that the original date of issue of the driver'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's request, or by return call without delay.
If the criminal history record information check indicates the prospective
purchaser or transferee has a potentially disqualifying criminal record
or has been acquitted by reason of insanity and committed to the custody of
the Commissioner of Behavioral Health and Developmental Services event,
the State Police shall have until the end of the dealer's next business day
to advise the dealer if its records indicate the buyer or transferee is
prohibited from possessing or transporting a firearm by state or federal law
inform the firearms dealer of the date the firearm may be released without an
approval number pursuant to federal law. If not so advised by the
end of the dealer's next business day as to whether the buyer or
transferee is prohibited from possessing or transporting a firearm by state or
federal law by the date provided by State Police, a dealer who has
fulfilled the requirements of subdivision 1 may immediately complete the sale
or transfer and shall not be deemed in violation of this section with respect
to such sale or transfer. In case of electronic failure or other
circumstances beyond the control of the State Police, 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 State Police shall, as
soon as possible but in no event later than the end of the dealer's next
business day, inform the requesting dealer if its records indicate the buyer or
transferee is prohibited from possessing or transporting a firearm by state or
federal law. 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's next 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 § 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'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, or the denial of 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'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
"dealer's next business day" The date provided by the State
Police pursuant to subdivision 2 shall not include be
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 not a resident of Virginia 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. The dealer shall obtain the required report by mailing or delivering
the written consent form required under subsection A to the State Police within
24 hours of its execution. If the dealer has complied with the provisions of
this subsection and has not received the required report from the State Police
within 10 days from the date the written consent form was mailed to the
Department of State Police, he shall not be deemed in violation of this section
for thereafter completing the sale or transfer.
D. Nothing herein shall prevent a resident of the Commonwealth, at his option, from buying, renting or receiving a firearm from a dealer in Virginia by obtaining a criminal history record information check through the dealer as provided in subsection C.
E. 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 § 9.1-132 or institute a civil action as provided in § 9.1-135, provided any such action is initiated within 30 days of such denial.
F. 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.
G. For purposes of this section:
"Actual buyer" 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.
"Antique firearm" 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 "antique firearm" 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.
"Assault firearm" 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.
"Curios or relics" 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' items, or that the value of like firearms available in ordinary commercial channels is substantially less.
"Dealer" means any person licensed as a dealer pursuant to 18 U.S.C. § 921 et seq.
"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.
"Handgun" 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.
"Lawfully admitted for permanent residence" 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.
H. 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.
I. 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. § 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 (§ 23.1-809 et seq.) of Chapter 8 of Title 23.1; or (iii) antique firearms, curios or relics.
J. 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.
J1. 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 § 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 § 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 § 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's licenses issued on or after July 1, 1994, shall carry a letter designation indicating whether the driver's license is an original, duplicate or renewed driver'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. § 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.
2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 780 of the Acts of Assembly of 2016 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation is $0 for periods of commitment to the custody of the Department of Juvenile Justice.
SENATE BILL NO. 1049
Be it enacted by the General Assembly of Virginia:
1. That §§ 18.2-295, 18.2-308.06, and 18.2-308.2:2 of the Code of Virginia are amended and reenacted as follows:
§ 18.2-295. Registration of machine guns.
Every machine gun in this the Commonwealth shall be
registered with the Department of State Police (the
Department) within twenty-four 24 hours after its acquisition
or, in the case of semi-automatic weapons which that are converted, modified
or otherwise altered to become machine guns, within
twenty-four 24 hours
of the conversion, modification or alteration. Blanks for registration shall be
prepared by the Superintendent of State Police, and furnished upon application.
To comply with this section the application as filed shall be notarized and
shall show the model and serial number of the gun,; the name, address and
occupation of the person in possession,; and from whom and the purpose
for which, the gun was acquired or
altered. The Superintendent of State Police shall upon registration required in
this section forthwith furnish the registrant with a certificate of
registration, which shall be valid as long as the registrant remains the same.
Certificates of registration shall be retained by the registrant and produced
by him upon demand by any peace officer. Failure to keep or produce such
certificate for inspection shall be a Class 3 misdemeanor, and any peace
officer, may without warrant, seize the machine gun and
apply for its confiscation as provided in § 18.2-296. When any registrant moves
from the address shown on his
application or most recently reported to the Department, he shall
within 30 days notify the Department of his change
of address in writing.
Upon transferring a registered machine gun, the transferor shall forthwith
notify the Superintendent in writing, setting forth the date of transfer and
name and address of the transferee. Failure to give the required notification notifications shall constitute
a Class 3 misdemeanor. Registration data shall not be subject to inspection by
the public.
§ 18.2-308.06. Nonresident concealed handgun permits.
A. Nonresidents of the Commonwealth 21 years of age or older
may apply in writing to the Virginia Department of State Police for a five-year
permit to carry a concealed handgun. Every applicant for a nonresident
concealed handgun permit shall submit two photographs a photograph of a type and
kind specified by the Department of State Police for inclusion on the permit
and shall submit fingerprints on a card provided by the Department of State
Police for the purpose of obtaining the applicant's state or national criminal
history record. As a condition for issuance of a concealed handgun permit, the
applicant shall submit to fingerprinting by his local or state law-enforcement
agency and provide personal descriptive information to be forwarded with the
fingerprints through the Central Criminal Records Exchange to the U.S. Federal
Bureau of Investigation for the purpose of obtaining criminal history record
information regarding the applicant and obtaining fingerprint identification
information from federal records pursuant to criminal investigations by state
and local law-enforcement agencies. The application shall be made under oath
before a notary or other person qualified to take oaths on a form provided by
the Department of State Police, requiring only that information necessary to
determine eligibility for the permit. If the permittee is later found by the
Department of State Police to be disqualified, the permit shall be revoked and
the person shall return the permit after being so notified by the Department of
State Police. The permit requirement and restriction provisions of subsection C
of § 18.2-308.02 and § 18.2-308.09 shall apply, mutatis mutandis, to the
provisions of this subsection.
B. The applicant shall demonstrate competence with a handgun by one of the following:
1. Completing a hunter education or hunter safety course approved by the Virginia Department of Game and Inland Fisheries or a similar agency of another state;
2. Completing any National Rifle Association firearms safety or training course;
3. Completing any firearms safety or training course or class available to the general public offered by a law-enforcement agency, junior college, college, or private or public institution or organization or firearms training school utilizing instructors certified by the National Rifle Association or the Department of Criminal Justice Services or a similar agency of another state;
4. Completing any law-enforcement firearms safety or training course or class offered for security guards, investigators, special deputies, or any division or subdivision of law enforcement or security enforcement;
5. Presenting evidence of equivalent experience with a firearm through participation in organized shooting competition approved by the Department of State Police or current military service or proof of an honorable discharge from any branch of the armed services;
6. Obtaining or previously having held a license to carry a firearm in the Commonwealth or a locality thereof, unless such license has been revoked for cause;
7. Completing any firearms training or safety course or class, including an electronic, video, or on-line course, conducted by a state-certified or National Rifle Association-certified firearms instructor;
8. Completing any governmental police agency firearms training course and qualifying to carry a firearm in the course of normal police duties; or
9. Completing any other firearms training that the Virginia Department of State Police deems adequate.
A photocopy of a certificate of completion of any such course or class; an affidavit from the instructor, school, club, organization, or group that conducted or taught such course or class attesting to the completion of the course or class by the applicant; or a copy of any document that shows completion of the course or class or evidences participation in firearms competition shall satisfy the requirement for demonstration of competence with a handgun.
C. The Department of State Police may charge a fee not to exceed $100 to cover the cost of the background check and issuance of the permit. Any fees collected shall be deposited in a special account to be used to offset the costs of administering the nonresident concealed handgun permit program.
D. The permit to carry a concealed handgun shall contain only the following information: name, address, date of birth, gender, height, weight, color of hair, color of eyes, and photograph of the permittee; the signature of the Superintendent of the Virginia Department of State Police or his designee; the date of issuance; and the expiration date.
E. The Superintendent of the State Police shall promulgate regulations, pursuant to the Administrative Process Act (§ 2.2-4000 et seq.), for the implementation of an application process for obtaining a nonresident concealed handgun permit.
§ 18.2-308.2:2. Criminal history record information check required for the transfer of certain firearms.
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 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 would be a felony if committed by an
adult; (ii) is the applicant subject to a court order restraining the applicant
from harassing, stalking, or threatening the applicant's child or intimate
partner, or a child of such partner, or is the applicant subject to a
protective order; and (iii) has the applicant ever been acquitted by reason of
insanity and prohibited from purchasing, possessing or transporting a firearm
pursuant to § 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 §
18.2-308.1:2 or any substantially similar law of any other jurisdiction, or; been involuntarily admitted
to an inpatient facility or involuntarily ordered to outpatient mental health
treatment and prohibited from purchasing a firearm pursuant to § 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 § 37.2-809
and subsequently agreed to voluntary admission pursuant to § 37.2-805
and prohibited from purchasing a firearm pursuant to §
18.2-308.1:3 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 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'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's Leave and Earnings Statement. When the photo identification presented to a dealer by the prospective purchaser is a driver's license or other photo identification issued by the Department of Motor Vehicles, and such identification form contains a date of issue, the dealer shall not, except for a renewed driver's license or other photo identification issued by the Department of Motor Vehicles, sell or otherwise transfer a firearm to the prospective purchaser until 30 days after the date of issue of an original or duplicate driver's license unless the prospective purchaser also presents a copy of his Virginia Department of Motor Vehicles driver's record showing that the original date of issue of the driver'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's request, or by return call without delay.
If the criminal history record information check indicates the prospective
purchaser or transferee has a potentially
disqualifying criminal record or has been acquitted by
reason of insanity and committed to the custody of the Commissioner of
Behavioral Health and Developmental Services event, the State Police shall have until the end of the dealer's next business
day to advise the dealer if its records indicate the buyer or transferee is
prohibited from possessing or transporting a firearm by state or federal law inform the firearms
dealer of the date the firearm may be released without an
approval number pursuant to federal law. If not so advised by the end of the
dealer's next business day as to
whether the buyer or transferee is prohibited from possessing or transporting a
firearm by state or federal law by the date provided by State Police, a dealer who has fulfilled the requirements of
subdivision 1 may immediately complete the sale or
transfer and shall not be deemed in violation of this section with respect to
such sale or transfer. In case of electronic
failure or other circumstances beyond the control of the State Police, 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 State
Police shall, as soon as possible but in no event later than the end of the
dealer's next business day, inform the requesting dealer if its records
indicate the buyer or transferee is prohibited from possessing or transporting
a firearm by state or federal law. 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's next 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 § 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'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, or the
denial of the sale denied 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'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 "dealer's next
business day" The date
provided by the State Police
pursuant to subdivision 2 shall not
include be
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 not a resident of Virginia 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. The dealer shall obtain the required report by
mailing or delivering the written consent form required under subsection A to
the State Police within 24 hours of its execution. If the dealer has complied
with the provisions of this subsection and has not received the required report
from the State Police within 10 days from the date the written consent form was
mailed to the Department of State Police, he shall not be deemed in violation
of this section for thereafter completing the sale or transfer.
D. Nothing herein shall prevent a resident of the Commonwealth, at his option, from buying, renting or receiving a firearm from a dealer in Virginia by obtaining a criminal history record information check through the dealer as provided in subsection C.
E. 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 § 9.1-132 or institute a civil action as provided in § 9.1-135, provided any such action is initiated within 30 days of such denial.
F. 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.
G. For purposes of this section:
"Actual buyer" 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.
"Antique firearm" 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 "antique firearm" 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.
"Assault firearm" 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.
"Curios or relics" 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' items, or that the value of like firearms available in ordinary commercial channels is substantially less.
"Dealer" means any person licensed as a dealer pursuant to 18 U.S.C. § 921 et seq.
"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.
"Handgun" 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.
"Lawfully admitted for permanent residence" 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.
H. 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.
I. 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. § 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 (§ 23.1-809 et seq.) of Chapter 8 of Title 23.1; or (iii) antique firearms, curios or relics.
J. 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.
J1. 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 § 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 § 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 § 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's licenses issued on or after July 1, 1994, shall carry a letter designation indicating whether the driver's license is an original, duplicate or renewed driver'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. § 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.
2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 780 of the Acts of Assembly of 2016 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation is $0 for periods of commitment to the custody of the Department of Juvenile Justice.