CHAPTER 100

REGULATIONS GOVERNING PURCHASES OF HANDGUNS IN EXCESS OF ONE WITHIN A 30-DAY PERIOD (REPEALED)

Part I

Reports by Dealers

19VAC30-100-10. Notification of sale or transfer. (Repealed.)

A. Any dealer in firearms who completes a sale or transfer of a handgun without having been advised by the Department of State Police if its records indicate the buyer or transferee is prohibited from possessing or transporting a firearm by state or federal law, because the dealer was not so advised by the end of the dealer's next business day, or was told by the State Police that a response would not be available by the end of the dealer's next business day, shall notify the Department of State Police of the sale or transfer by telephone as soon as possible, but in no event later than the end of the dealer's next business day.

B. Any dealer in firearms who requests and receives criminal history record information in connection with an intended sale or transfer of a handgun which indicates the prospective purchaser or transferee is not prohibited from possessing or transporting a firearm by state or federal law shall notify the Department of State Police by telephone as soon as possible, but in no event later than the end of the dealer's next business day, whenever the dealer determines that the sale or transfer will not be completed.

19VAC30-100-20. Application for multiple handgun purchase. (Repealed.)

Any person desiring to purchase in excess of one handgun within any 30-day period shall make application under oath, on Form SP-207, Multiple Handgun Purchase Application. The applicant shall deliver such application in person to State Police Administrative Headquarters, 7700 Midlothian Turnpike, Richmond, Virginia, a division headquarters or area office of the Department of State Police, or to any local law-enforcement agency certified by the Department of State Police as its agent to receive such applications.

19VAC30-100-30. Identification requirements. (Repealed.)

At the time of delivery of the application form required by 19VAC30-100-20, the applicant shall present two forms of identification, at least one of which is a photo-identification form issued by a governmental agency of the Commonwealth or by the United States Department of Defense, which was issued at least 60 days prior to presentation. In addition, the applicant shall produce documentation of residence, which must show an address identical to that shown on the photo-identification form. Documentation of residence may be in any of the forms allowed under subsection B of § 18.2-308.2:2 of the Code of Virginia.

19VAC30-100-40. Transfer to someone other than applicant. (Repealed.)

If the application indicates that the purchase is for the purpose of further transfer of a handgun or handguns to someone other than the applicant, the applicant shall also provide the name, social security number, sex, height, weight, race, all residence addresses within the past five years, date of birth, place of birth, and citizenship of the person or persons to whom the further transfer is to be made.

19VAC30-100-50. Evaluation of application. (Repealed.)

The application must demonstrate to the satisfaction of the Department of State Police that the purpose of the purchase of more than one handgun within any 30-day period is bona fide and lawful, and is not prohibited or illegal under any federal, state or local law. In evaluating such application, the Department of State Police may consider the number, type and model of handguns to be purchased pursuant to this application or any other application made by the applicant within the past 12 months, the type and model of handgun purchased during the same month under the provisions of § 18.2-308.2:2 of the Code of Virginia, the intended use for such handguns applied to be purchased and the relationship between the intended use and the number and type of handguns applied for in this application and any other application made by the applicant within the past 12 months.

19VAC30-100-60. Enhanced background check. (Repealed.)

A. Upon receipt of a completed application form, a division headquarters or area office of the Department of State Police or a local law-enforcement agency certified by the Department of State Police as its agent to receive such applications shall transmit the application, in accordance with policies and procedures prescribed by the Department of State Police, to State Police Administrative Headquarters. Upon receipt at administrative headquarters, the Department of State Police will conduct an enhanced background check of the applicant and any person to whom any handgun to be purchased is to be transferred. This check will include a search of all available criminal history record information, including national, state, and local indices. The Department of State Police will make inquiry of the local law-enforcement agency or agencies having jurisdiction in the applicant's and any transferees' place or places of residence within the past five years as to any factors which would make the proposed purchase illegal under federal, state, or local law prior to approval of any transaction.

B. The enhanced background check shall be conducted without delay, and shall be completed as soon as possible after receipt of the application at administrative headquarters. However, in case of electronic failure or other circumstances beyond the control of the State Police, the State Police shall complete the enhanced background check as soon as possible after the circumstances causing the delay have been corrected or overcome.

C. Before granting a multiple purchase certificate, the Department of State Police or its agents may make such inquiry of the applicant and others as the Department of State Police may deem necessary to determine that the application is bona fide and that the information contained in the application is true and accurate. The Department of State Police shall not issue a multiple purchase certificate until satisfied that the requirements of § 18.2-308.2:2 of the Code of Virginia and this chapter have been met.

19VAC30-100-70. Issuance of certificate. (Repealed.)

Upon being satisfied that the proposed purchase meets the requirements of § 18.2-308.2:2 of the Code of Virginia and this chapter, the Department of State Police shall forthwith issue or authorize its agent to issue to the applicant a nontransferable certificate which shall be valid for seven days from the date of issue, authorizing the purchase of a specified number and type of handguns. The State Police or its agent shall make one attempt to contact the applicant to notify him of the issuance or denial of the certificate at a telephone number provided by the applicant at the time of delivery of the application.

19VAC30-100-80. Retention of certificate. (Repealed.)

Upon delivery of the certificate issued pursuant to 19VAC30-100-70, a prospective transferor may proceed to transfer the number and type of handguns specified in the certificate provided the transferor has complied with the provisions of § 18.2-308.2:2 B of the Code of Virginia. If the transferor is a dealer in firearms as defined in § 54.1-4200 of the Code of Virginia, the certificate shall be surrendered to the transferor by the applicant prior to the consummation of such sale, and shall be kept on file at the transferor's place of business for a period of not less than two years. If the transferor is not a dealer in firearms, the transferor shall attest in writing on the reverse of the certificate, indicating the date the transfer was completed, and the transferee shall return the certificate to the office which issued the certificate. The returned certificate shall then be forwarded to State Police Administrative Headquarters.

19VAC30-100-90. Appealing the denial of a certificate. (Repealed.)

Any person denied a certificate for the purchase of more than one handgun within any 30-day period may appeal such denial to the Superintendent of State Police. Such appeal shall be in writing, setting forth any grounds which the applicant wishes to be considered. The Superintendent of State Police shall consider each such appeal, and notify the applicant in writing of his decision within five business days after the day on which the appeal is received.

19VAC30-100-100. Agents certified to receive applications and issue certificates. (Repealed.)

A. Any local law-enforcement agency may request that it be certified as an agent for the Department of State Police to receive applications and issue certificates pursuant to these regulations. Any such request shall be in writing, directed to the Superintendent of State Police, and shall designate a particular individual or individuals within the local agency who will perform these duties. Only such designated individuals shall accept applications or issue certificates. Prior to certification of a local law-enforcement agency as an agent, each of its designated individuals must successfully complete a four-hour training course provided by the Department of State Police. Upon receipt of a request from a local law-enforcement agency and the successful completion of the prescribed training course by its designated individuals, the Superintendent of State Police shall certify such agency as an agent for the Department of State Police to receive applications and issue certificates pursuant to these regulations.

B. Any agent certified as provided in subsection A of this section shall have the authority to receive applications and issue certificates pursuant to these regulations in accordance with policies and procedures prescribed by the Department of State Police.

19VAC30-100-110. Replacement of handgun. (Repealed.)

A person whose handgun is stolen or irretrievably lost who deems it essential that such handgun be replaced immediately may purchase a single handgun without obtaining the certificate required by this chapter, even if the person has previously purchased a handgun within a 30-day period, provided the person provides the transferor with a summary of the official police report from the law-enforcement agency that took the report of the lost or stolen handgun on Form SP-194, Lost/Stolen Handgun Report. If the official police report from the law-enforcement agency that took the report of the lost or stolen handgun contains all the information required by Form SP-194, then the law-enforcement agency may attach a copy of the official police report to Form SP-194 in lieu of completing the summary on the form.

FORMS (19VAC30-100) (Repealed.)

Virginia Firearms Transaction Record, SP-65 (eff. 7/1/94).

Multiple Handgun Purchase Application, SP-207 (eff. 7/1/93).

Lost/Stolen Handgun Report, SP-194 (eff. 7/1/93).