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 6VAC20-130-80 - Procedures for requesting a criminal history record check by mail

Current through Register Vol. 40, No. 24, July 15, 2024
A. At the request
				  of a Virginia resident or a non-Virginia resident, a dealer may request a
				  record check by mail for a firearm transfer. In either case, the dealer shall
				  follow the procedures as set forth in this chapter. In addition, the dealer
				  shall follow the provisions for establishing identity and residency as set
				  forth in
				  6VAC20-130-60
				  C 1 a and C 1 b, and, if applicable,
				  6VAC20-130-60
				  D.
B. The dealer shall mail or
				  deliver to the department the appropriate copies of the completed VFTR form
				  according to procedures established by the department (that shall not describe,
				  list, or note the actual firearms to be transferred) within 24 hours of the
				  prospective purchaser's signing and dating of the consent paragraph in section
				  A of the VFTR form. This shall be evidenced by the dealer's notation of the
				  mailing date on the VFTR, if mailed, or the date stamp of the department on the
				  VFTR form or a receipt provided to the deliverer, if delivered. The original of
				  the completed VFTR form shall be retained at the dealer's place of
				  business.
C. The department will
				  initiate a search only upon receipt of the appropriate copies of the VFTR form
				  at department headquarters. The department may challenge and refuse to accept
				  any VFTR form if there is an unreasonable, extended time period between the
				  date of the mailing and the date of receipt of the copies of the form at the
				  department.
D. Following its search
				  of Virginia and national criminal history record indexes and files, the
				  department will return to the dealer a copy of the VFTR form, marked
				  "approved," or "not approved." When a dealer receives approval, he may transfer
				  any firearm, as listed on the VFTR form that initiated the request for a record
				  check, to the prospective purchaser, after his receipt of the approval. The
				  actual transfer of the firearm shall be accomplished in a timely manner. A
				  second record check shall not be required provided that the actual transfer of
				  the firearm occurs within a time period specified by the department. If the
				  transfer is disapproved, he is not authorized to transfer any firearm to the
				  prospective purchaser.
E. In the
				  case of written requests for criminal history record check, initiated by the
				  submission of VFTR forms, the dealer shall wait up to 10 days after the mailing
				  date (noted on the form) or delivery date stamp (if not mailed) of the request
				  for written approval from the department, prior to transferring a firearm as
				  defined in this chapter.
F.
				  However, if 10 days elapse from the date the VFTR form was mailed (as noted on
				  the VFTR form) or delivered to the Department of State Police (as indicated by
				  the date stamped by the department), and the department has not responded to
				  the request initiated by the form by approving or disapproving the transaction
				  proposed, the dealer may complete the transfer to the prospective purchaser on
				  his next business day, after the 10th day, or thereafter, and not be in
				  violation of the law or this chapter. After completion of the transfer in this
				  case, as in all cases, any new or further transfer of firearms not listed on
				  the VFTR form that initiated the request for a record check to the same
				  purchaser will require a new criminal history record check.
Statutory Authority: §
												18.2-308.2:2
						of the Code of Virginia.