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19 VAC 30-230. Adoption of regulations relating to checks on ...
Stage: Final
 
19VAC30-230

CHAPTER 230
VERIFICATION CHECKS ON FIREARM TRANSFERS TO DEALERS

19VAC30-230-10

19VAC30-230-10. Purpose and authority.

Section 18.2-308.2:4 of the Code of Virginia allows any dealer who is receiving by sale, transfer, or trade a firearm from a person who is not a dealer to obtain a verification check from the Department of State Police to determine if the firearm has been reported to a law-enforcement agency as lost or stolen. Section 18.2-308.2:4 provides the definitions, procedures, and requirements for obtaining such verification.

19VAC30-230-20

19VAC30-230-20. Maintenance of, confidentiality of, and access to records of dealer verification checks.

A. All data, records, reports, and the log of requests maintained by the Department of State Police required under § 18.2-308.2:4 F of the Code of Virginia related to the verification process shall be confidential and shall not be disseminated except as provided in this chapter pursuant to § 18.2-308.2:4 H of the Code of Virginia.

B. The Department of State Police or other law-enforcement agency of the Commonwealth or any political subdivision thereof or any federal agency conducting a criminal investigation consistent with state or federal law may be granted access to the data, records, reports, and the log of requests maintained by the department required under § 18.2-308.2:4 F of the Code of Virginia. A law-enforcement officer of an agency of the Commonwealth, a political subdivision of the Commonwealth, or a federal agency within the Commonwealth seeking access shall make the request in writing.

C. The requestor shall adhere to all state and federal laws regarding confidentiality. Records related to accessing logs and the information accessed shall be kept and retained by the Department of State Police for a period of one year following the access.

D. Upon completion of the retention period all data, records, and reports, except those made part of a criminal investigative file, must be destroyed in a manner that renders the record unidentifiable and nonretrievable.

19VAC30-230-9998

FORMS (19VAC30-230)

SP-315 Virginia State Police Query of Lost or Stolen Firearms (rev. 6/14)