Current through Register Vol. 41, No. 3, September 23, 2024
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.
