Administrative Code

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Virginia Administrative Code
Title 6. Criminal Justice And Corrections
Agency 20. Department of Criminal Justice Services
Chapter 130. Regulations Governing the Privacy and Security of Criminal History Record Information Checks for Firearm Purchases

6VAC20-130-40. Responsibilities of dealers.

It shall be the responsibility of dealers that transfer firearms in Virginia to comply with the following:

1. Register with the Department of State Police to obtain from the department a dealer identification number (DIN) and to access the department's criminal history record VCheck program by telephone or via the Internet.

2. Prior to transferring any firearm, determine if the firearm is a "firearm" as defined in this chapter and § 18.2-308.2:2 of the Code of Virginia.

3. Deny the transfer of a handgun to a non-Virginia resident in accordance with 18 USC § 922(b)(3).

4. Complete the VFTR form.

5. Request a criminal history record information check prior to the transfer of any such firearm.

6. Request a criminal history record check either by telephone, mail, VCheck, or other communication authorized by the Department of State Police prior to the sale of shotguns and rifles to non-Virginia residents.

7. Maintain required forms and records according to the procedures outlined in these regulations.

8. Deny the transfer of a firearm if advised by the Department of State Police that the prospective purchaser is ineligible to possess such a firearm and the department disapproved the transfer of a firearm to the prospective purchaser.

9. Notify the Department of State Police promptly upon any change in registration information (telephone number, address, federal firearms license number, etc.).

10. Provide written notice of the closing of the business to Department State Police in advance of the actual closing date.

Statutory Authority

§ 18.2-308.2:2 of the Code of Virginia.

Historical Notes

Derived from VR240-02-2 § 2.2, eff. November 2, 1990; amended, Virginia Register Volume 8, Issue 3, eff. December 4, 1991; Volume 8, Issue 18, eff. July 1, 1992; Volume 35, Issue 2, eff. October 19, 2018.

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