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

6VAC20-130-50. Responsibilities of the Department of State Police.

A. The Department of State Police shall operate telephone, mail, VCheck, or other authorized communication response systems to provide dealers in firearms (as defined in this chapter) with information on the legal eligibility of prospective purchasers to possess or transport firearms covered under these regulations. This information shall be released only to authorized dealers. Prior to the release of the information, the identity of the dealer and the prospective purchaser can be reasonably established.

B. In no case shall the department release to any dealer actual criminal history record information as defined in this chapter. The dealer shall only receive from the department a statement of the department's approval or disapproval of the transfer, and an approval code number, if applicable, unique to the transaction. A statement of approval or disapproval shall be based on the department's review of the prospective purchaser's criminal history record information and restrictions on the transfer of firearms to felons enumerated in § 18.2-308.2 of the Code of Virginia or federal law. This statement shall take one of the following two statuses: (i) approval with an approval code number or (ii) disapproval with no approval code number.

C. The department shall provide to dealers a supply of VFTR forms, a DIN, and a toll-free number to allow access to the telephone criminal history record check system available for approval of firearms purchases.

D. The department shall supply all dealers in the Commonwealth with VFTR forms in a manner that allows the department to use the forms to identify dealers and monitor dealers' use of the system to avoid illegal access to criminal history records and other department information systems.

E. The department shall hire and train such personnel as are necessary to administer criminal history record information checks, ensure the security and privacy of criminal histories used in such record checks, and monitor the record check system.

F. The department shall allow the Department of Criminal Justice Services access to all forms and records required by this chapter.

Statutory Authority

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

Historical Notes

Derived from VR240-02-2 § 2.3, 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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