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 › Part II - Regulations › Section 6VAC20-130-70 - Procedures for requesting a criminal history record information check by telephone or other communication authorized by the Department of State Police

Current through Register Vol. 40, No. 24, July 15, 2024
A. Once the
				  prospective purchaser has completed section A of the VFTR form and the dealer
				  has completed the necessary portions of the VFTR form and determined that the
				  prospective purchaser is a resident of Virginia, the dealer shall contact the
				  Department of State Police and request a criminal history record information
				  check by telephone, through VCheck, or through other authorized communication
				  for the firearm transfer. For non-Virginia residents purchasing rifles or
				  shotguns, the dealer may also request a criminal history record check by
				  telephone. The dealer shall use the toll-free number provided by the Department
				  of State Police. However, no provision of these regulations shall prohibit a
				  Virginia resident from obtaining a written record check through the dealer for
				  any firearm transfer.
B. The dealer
				  shall identify himself to the department by providing his DIN and the printed
				  number on the upper right-hand corner of the VFTR form prepared by the
				  prospective purchaser.
C. The
				  dealer shall allow the department to verify this identifying information. The
				  Department of State Police shall disapprove a firearm purchase if the
				  department determines that the identifying information supplied by the dealer
				  is incomplete, incomprehensible or in error, raises a reasonable doubt as to
				  the origin of the request, or is otherwise unusable.
D. The dealer shall then supply to the
				  department over the telephone, through VCheck, or through another authorized
				  communication all identifying data on the prospective purchaser that is
				  recorded on section A of the VFTR, in the order requested by the department.
				  This information shall be transmitted to the department in a discreet and
				  confidential manner, assuring to the extent possible that the identifying data
				  is not overheard or viewed by other persons in the dealer's place of business.
				  If the dealer cannot provide sufficient information to allow the department to
				  conduct a criminal history record check, the department will not accept the
				  request on the basis of insufficient information to conduct a check. The
				  department may adopt procedures to appropriately address such
				  occurrences.
E. The Department of
				  State Police will respond to the dealer's request for a criminal history record
				  check by consulting the criminal history record information indexes and files,
				  during the dealer's call or VCheck submission. In the event of electronic
				  failure or other difficulties, the department shall immediately advise the
				  dealer of the reason for such delay and provide to the dealer an estimate of
				  the length of such delay.
F. If no
				  evidence of a criminal record or other information is found that would preclude
				  the purchaser from possessing or transporting a firearm under state or federal
				  law, the department will immediately notify the dealer that the transfer may
				  proceed, and will provide the dealer with a unique approval code number, which
				  the dealer shall enter in a clear, visible, and convenient manner on the
				  original of the VFTR form.
G. If
				  the initial search discloses that the prospective purchaser may not be eligible
				  to possess a firearm, the department will notify the dealer that a further
				  check must be completed before the end of the dealer's next business day, to
				  determine if the prospective purchaser has a criminal record that makes him
				  ineligible to possess or transport a firearm under state or federal law. This
				  statement of ineligibility shall then be communicated by the dealer to the
				  prospective purchaser in a discrete and confidential manner, recognizing the
				  individual's rights to the privacy of this information.
H. In any circumstance in which the
				  department must return the dealer's telephone call, whether due to electronic
				  or other failure or in order to allow a further search, the dealer shall await
				  the department's call and make no transfer of a firearm to the individual whose
				  record is being checked until:
1. The dealer
				  receives notification of approval of the transfer by telephone or other
				  authorized communication from the department; or
2. The department fails to disapprove the
				  transaction of the prospective purchaser before the end of the next business
				  day.
Exception: If the department knows at the time of the
					 dealer's telephone call or VCheck submission that it will not be able to
					 respond to the request by the end of the dealer's next business day, it will so
					 notify the dealer. Upon receiving notification, the dealer shall note in a
					 clear and visible manner on the VFTR that the department was unable to respond.
					 The dealer may in such cases complete the transfer immediately after his
					 telephone call or receipt of an authorized communication.