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
1/25/2020

6VAC20-130-90. Proper Use of the Components of the Criminal History Record Check System: Forms, Records, Toll-Free Telephone Number, Vcheck Passwords, and Din.

A. The VFTR forms will be provided to the dealer by the department. VFTR forms shall not be transferred from one dealer to another. All VFTR forms partially completed, torn, defaced or otherwise rendered unusable shall be marked "VOID" and disposed of in a manner that will not allow their reuse. All unused forms shall remain the property of the Department of State Police and shall be returned to the department in the event that a dealer ceases to engage in the transfer of firearms in a manner which is regulated by the Department of Criminal Justice Services.

B. The dealer will retain the original of the VFTR form for his own files.

C. The dealer shall keep all blank and completed VFTR originals and all returned copies in a secure area, which will restrict access to the information contained on the VFTR forms to authorized employees only.

D. The department shall retain a copy of all VFTR forms received from dealers according to the procedures outlined in this subsection.

1. Approved transfers. Thirty days after the department has notified the dealer of an approved transfer, the department shall destroy the VFTR form still in its possession and all identifiable information collected pertaining to a prospective purchaser.

2. Disapproved transfers. VFTR forms recording a transfer that was not approved shall be maintained by the department in a separate file, maintained by name of prospective purchaser.

a. The information contained in these forms shall be used by the department for legitimate law-enforcement purposes only and shall be governed by existing regulations concerning the privacy and security of criminal history record information.

b. The department may maintain any other printouts or reports with these copies of the VFTR form, provided they are treated as criminal history record information.

E. The Department of State Police shall maintain a running log of all requests for criminal history record information checks for firearms transfer, which shall include the following:

1. DIN and name of requester;

2. Dealer's transaction number;

3. Approval code number if sale is approved;

4. Date of telephone request, mailing, VCheck, or delivery date of mail request;

5. Notation of type of record request: telephone, mail, or VCheck request;

6. Approved or not approved status; and

7. Date of clearance from department file through mailing of VFTR form to the dealer or other final action.

F. A log shall be retained at the department on each request that leads to approvals of firearm transfers for 12 months from the date of each request.

G. Requests that lead to disapprovals shall be maintained by the department on a log for a period of two years from the date the request was accepted by the department for processing.

H. The department shall monitor and distribute all VFTR forms in an appropriate manner to ensure their proper control and use. This includes designing, redesigning, numbering, distributing, tracking, and processing all VFTR forms.

I. No dealer shall provide his DIN or the toll-free number VCheck password to another party for any reason.

J. The VCheck password may be changed periodically to ensure that these numbers are not improperly used by unauthorized dealers or unauthorized parties.

Statutory Authority

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

Historical Notes

Derived from VR240-02-2 § 2.7, eff. November 2, 1990; amended, Volume 08, Issue 03, eff. December 4, 1991; Volume 08, Issue 18, eff. July 1, 1992; Volume 35, Issue 02, eff. October 19, 2018.

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