Code of Virginia

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Code of Virginia
Title 52. Police (State)
Chapter 12. Virginia Voluntary Do Not Sell Firearms List
11/28/2021

Chapter 12. Virginia Voluntary Do Not Sell Firearms List.

§ 52-50. Establishment of the Virginia Voluntary Do Not Sell Firearms List.

A. The Department of State Police shall establish the Virginia Voluntary Do Not Sell Firearms List (the List) in the Commonwealth to prohibit the possession, transportation, and sale of firearms to any person who voluntarily registers himself to be enrolled into the List. The Department shall maintain and update the List, and the List shall be used in accordance with § 18.2-308.2:2 to advise a dealer if the Department's records indicate a buyer or transferee of firearms is prohibited from purchasing, possessing, or transporting a firearm. The Department shall promulgate any regulations and develop any policies for the implementation of the List.

B. The Department shall withhold from public disclosure all information regarding a request to be enrolled into or removed from the List and any other personal identifying information contained in or related to the List, except that such information may be disclosed to a law-enforcement officer acting in the performance of his official duties or the applicant with respect to his own information.

2020, c. 1173.

§ 52-51. Voluntary enrollment and removal.

A. Any person 18 years of age or older may apply in writing to the Department of State Police to request voluntary enrollment into the List and, after being enrolled into such List, may apply in writing to the Department to request removal from such List. The application for enrollment into and removal from the List shall be on forms prescribed by the Department of State Police. Pursuant to subsection D, the forms shall state that any person enrolled into the List shall not be removed from the List until 21 days after receiving an application for removal. The Department of State Police shall make the forms available on the Department's website.

B. Any person requesting enrollment into or removal from such List shall submit a photocopy of one valid form of photo identification issued by a governmental agency of the applicant's state of residency or by the U.S. Department of Defense or U.S. State Department (passport) to accompany the enrollment and removal form. Such request for enrollment into or removal from the List may be submitted to the Department of State Police by mail or in person at any Department of State Police office location.

C. Upon enrolling a person into the List, the Department shall forward a person's eligibility to purchase, possess, or transport a firearm to the National Instant Criminal Background Check System. The Department shall also notify such person by mail that he has been enrolled into the List.

D. The Department shall not remove any person from the List until 21 days after receipt of the person's removal request. Upon removal of a person's name from the List, the Department shall update such person's eligibility to purchase, possess, or transport a firearm to the National Instant Criminal Background Check System and shall destroy all records of enrollment into and request for removal from the List.

2020, c. 1173.

§ 52-52. Prohibited conduct; penalty.

A. It is unlawful for any person to inquire as to whether another person has been enrolled into the List for any purpose other than to determine such person's eligibility to purchase, possess, or transport a firearm.

B. It is unlawful for any person to knowingly give any false information or to make any false statement with the intent of enrolling or removing any other person into or from the List.

C. It is unlawful for any person to discriminate against a person with respect to his health care services, employment, education, housing, insurance, governmental benefits, or contracting because that person is not on the List, is on the List, or has previously been on the List.

D. A violation of this section is a Class 1 misdemeanor.

2020, c. 1173.