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

6VAC20-130-60. Preparing for a criminal history record check.

A. General procedures.

1. If any firearm, which a prospective purchaser intends to obtain in transfer, is a firearm as defined in this chapter, the dealer shall request that the Department of State Police conduct a criminal history record check on the purchaser. The dealer may obtain the required record check from the department for purchasers who are residents of Virginia by (i) telephoning the department using the provided toll-free number, (ii) using VCheck, or (iii) using another communication authorized by the Department of State Police and requesting the record check. For out-of-state residents who purchase rifles or shotguns, the dealer may request the record check from the department by telephone, mail, or delivery. However, Virginia residents may, if they elect, request the dealer to obtain a record check by mail. The initial required steps of completion of the VFTR, obtaining consent of the purchaser, determining residency and verifying identity are common to telephone, mail, VCheck, or other communication authorized by the Department of State Police for obtaining the record check.

2. The dealer shall request a criminal history record check and obtain the prospective purchaser's signature on the consent portion of the form for each new transfer of a firearm to a given purchaser. One record check is sufficient for any number of firearms in a given transfer, but once a transaction has been completed, no transfer to the same purchaser shall proceed without a new record check.

3. A criminal history record check shall be conducted prior to the actual transfer of a firearm.

B. Completing section A of the Virginia Firearms Transaction Record: Obtaining consent for a criminal history record information check for firearms purchase. As a condition of any sale, the dealer shall advise the prospective purchaser to legibly complete and sign section A of a VFTR form.

1. The dealer shall require the prospective purchaser to complete section A of the VFTR form in the prospective purchaser's own handwriting, and without the dealer's assistance. The purchaser shall answer the questions listed and shall complete the items that establish residency and describe identity, including name, sex, height, weight, race, date of birth, and place of birth.

2. If the prospective purchaser cannot read or write, section A of the VFTR form may be completed by any person other than the dealer or any employee of the dealer according to the procedures specified on the reverse side of the VFTR form.

3. The dealer shall also obtain the prospective purchaser's signature or, if he cannot read or write, his mark, following the consent paragraph at the bottom of section A, which shall certify that the information supplied by the purchaser in section A is true and correct.

C. Completing section B of the Virginia Firearms Transaction Record: Establishing purchaser identity and residency and dealer identity. Prior to making a request for a criminal history record information check, the dealer shall complete all of section B of the VFTR form for which the dealer is responsible. Information recorded on the VFTR form shall be sufficient to (i) reasonably establish a prospective purchaser's identity and determine the residency of the prospective purchaser and (ii) identify the dealer.

1. Identify prospective purchaser and determine residency. The dealer shall determine residency and verify the prospective purchaser's identity as required in section B of the VFTR, by requiring at least two forms of identification that denote the address of the prospective purchaser. Only the forms of identification listed in this subsection shall be acceptable to establish identity and residency.

a. For Virginia residents, a dealer shall require any prospective purchaser to present one photo-identification form issued by a governmental agency of the Commonwealth or by the U.S. Department of Defense.

If, for purposes of this chapter, a prospective purchaser's Virginia residency is based upon active duty status with the Armed Forces of the United States with a permanent duty station in Virginia, including the Pentagon, and the primary form of identification consists of a photo identification issued by the U.S. Department of Defense, the purchaser may use as a secondary identification proof of permanent duty station within Virginia signed by the station commander or duly designated representative. For the purpose of establishing residency for a 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.

b. For non-Virginia residents purchasing shotguns or rifles, the dealer shall require the prospective purchaser to furnish one photo-identification form issued by a governmental agency of the person's state of residence and one other form of identification as provided in subdivision C 1 a, which corroborates the identity and residency shown on the photo-identification form.

c. The dealer will ensure that the forms of identification support the listing of the identifying characteristics and the resident's address as supplied by the prospective purchaser in section A of the VFTR.

d. If the dealer discovers any unexplained discrepancy between the two forms of identification (different addresses, birth dates, or names), the dealer shall not request a criminal history record check until the prospective purchaser can be adequately identified with two acceptable forms of identification as required.

e. The dealer shall name and identify on the VFTR form the documents used to verify the prospective purchaser's identity and residence and shall record all pertinent identifying numbers on the VFTR form.

f. While the dealer is required to collect sufficient information to establish the prospective purchaser's identity and residency from the forms of identification, in no case is the dealer authorized to collect more information on the prospective purchaser than is reasonably required to establish identity, state of residence, and citizenship.

2. Identify dealer. The dealer or his employee shall note on section B of the VFTR form:

a. The dealer's or employee's signature;

b. His position title (owner, employee);

c. The trade or corporate name and business address; and

d. The dealer's federal firearms license number.

D. 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. To establish citizenship or lawful admission for a permanent residence for purposes of purchasing an assault firearm, a dealer shall require a prospective purchaser to present a certified birth certificate or a certificate of birth abroad issued by the U.S. State Department, a certificate of citizenship or a certificate of naturalization issued by the U.S. Citizenship and Immigration Services, an unexpired United States passport, a U.S. citizen identification card, a current voter registration card, a current selective service registration card, or an immigrant visa or other documentation of status as a person lawfully admitted for permanent residence issued by the U.S. Citizenship and Immigration Services.

Statutory Authority

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

Historical Notes

Derived from VR240-02-2 § 2.4, eff. November 2, 1990; amended, Virginia Register Volume 8, Issue 3, eff. December 4, 1991; Volume 8, Issue 18, eff. July 1, 1992; Volume 21, Issue 16, eff. May 18, 2005; Volume 35, Issue 2, eff. October 19, 2018.

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