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 I - General › Section 6VAC20-130-20 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter
					 shall have the following meaning unless the context clearly dictates
					 otherwise:
"Antique firearm" means any firearm meeting the statutory
					 definition provided in §
										18.2-308.2:2G
					 of the Code of Virginia.
"Criminal history record information" means records and
					 data collected by criminal justice agencies on adult individuals, consisting of
					 notations of arrests, detentions, indictments, information, or other formal
					 charges and any disposition arising therefrom.
"Criminal history record information check," "criminal
					 record check," and "record check" mean a review of a potential purchaser's
					 criminal history record information, to be conducted by the Department of State
					 Police at the initiation of a dealer in order to establish a prospective
					 purchaser's eligibility to possess or transport a firearm, as defined in this
					 chapter, under state or federal law.
"Dealer" means any person licensed as a dealer pursuant to
					 18
					 USC §
											921 et seq.
"Dealer identification number" or "DIN" means a unique
					 identifying number assigned by the Department of State Police to each
					 individual dealer as defined in §
										18.2-308.2:2G
					 of the Code of Virginia, in order to identify such dealers when they request
					 criminal history record information to determine the eligibility of a
					 prospective purchaser to possess or transport a firearm.
"Department" means the Virginia Department of State
					 Police.
"Firearm" means any firearm meeting the statutory
					 definition provided in §
										18.2-308.2:2G
					 of the Code of Virginia.
"Handgun" means any firearm meeting the statutory
					 definition provided in §
										18.2-308.2:2G
					 of the Code of Virginia.
"Law-enforcement officer" means any full-time or part-time
					 employee of a police department or sheriff's office which is a part of or
					 administered by the Commonwealth or any political subdivision thereof, or any
					 full-time or part-time employee of a private police department, and who is
					 responsible for the prevention and detection of crime and the enforcement of
					 the penal, traffic, or highway laws of the Commonwealth and shall include any
					 (i) special agent of the Department of Alcoholic Beverage Control; (ii) police
					 agent appointed under the provisions of §
										56-353
					 of the Code of Virginia; (iii) officer of the Virginia Marine Police; (iv)
					 conservation police officer who is a full-time sworn member of the enforcement
					 division of the Department of Game and Inland Fisheries; (v) investigator who
					 is a full-time sworn member of the security division of the Virginia Lottery;
					 (vi) conservation officer of the Department of Conservation and Recreation
					 commissioned pursuant to §
										10.1-115
					 of the Code of Virginia; (vii) full-time sworn member of the enforcement
					 division of the Department of Motor Vehicles appointed pursuant to §
										46.2-217
					 of the Code of Virginia; (viii) animal protection police officer employed under
					 §
										15.2-632
					 of the Code of Virginia; (ix) campus police officer appointed under Chapter 17
					 (§ 23-232 et seq.) of Title 23 of the Code of Virginia; or (x) private police
					 officer employed by a private police department. Part-time employees are those
					 compensated officers who are not full-time employees as defined by the
					 employing police department, sheriff's office, or private police
					 department.
"Prospective purchaser" means an individual who intends to
					 buy, rent, trade, or transfer a firearm as defined in this chapter, and has
					 notified a dealer of his intent.
"Resident of Virginia" means a person who resides and has a
					 present intent to remain within the Commonwealth, as shown by an ongoing
					 physical presence and a residential address within Virginia. If a person does
					 not reside in Virginia, but is on active duty as a member of the U.S. Armed
					 Forces and Virginia is the person's permanent duty station, the person shall,
					 for the purpose of these regulations, be considered a resident of
					 Virginia.
"Transfer" means to sell, rent, trade, or transfer a
					 firearm as defined in this chapter.
"VCheck" means Virginia's instant criminal background check
					 program authorized by the Department of State Police and available via the
					 Internet to all firearms dealers registered with the State Police Firearms
					 Transaction Center.
"Virginia Firearms Transaction Record Form" or "VFTR form"
					 means the form issued by the Department of State Police provided to dealers and
					 required for obtaining a criminal history record check, also known as "SP-65"
					 or the "VFTR."
Statutory Authority: §
												18.2-308.2:2
						of the Code of Virginia.