Purpose. (Repealed.) Pursuant to the provisions of § 18.2-308.2:2 of the Code of
Virginia, criminal history record information checks are required prior to the sale,
rental, trade or transfer of certain firearms. A criminal history record
information check shall be requested by licensed dealers from the Department of
State Police to determine the legal eligibility of a prospective purchaser to
possess or transport certain firearms under state or federal law. The
Department of Criminal Justice Services hereby promulgates the following
regulations governing these criminal history record information checks as
required under § 18.2-308.2:2 H of the Code of Virginia. The purpose of this
chapter is to ensure that criminal history record information checks are
conducted in a manner which ensures the integrity of criminal history record
information, guarantees individual rights to privacy, and supports the needs of
law-enforcement, while allowing nearly instantaneous sales of firearms to the
law abiding public.
The following words and terms
, when used in this
chapter , shall have the following meaning unless the context clearly
"Antique firearm" means any firearm
, including those
with a matchlock, flintlock, percussion cap, or similar type of ignition
system, manufactured in or before 1898, and any replica of such a firearm,
provided such replica: (i) is not designed or redesigned for using rimfire or
conventional centerfire fixed ammunition; or (ii) uses rimfire or conventional
centerfire fixed ammunition which is no longer manufactured in the United
States and which is not readily available in the ordinary channels of
commercial trade meeting the statutory definition provided in §
18.2-308.2:2 G 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
"Criminal history record information check,"
"criminal record check," and "record check" )
means 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 herein in
this chapter, under state or federal law.
"Dealer" means any person licensed as a dealer
pursuant to 18
U.S.C. USC § 921 et seq.
"Dealer identification number"
"DIN" means a unique identifying number assigned by the
Department of State Police to each individual dealer as defined in §
18.2-308.2:2 G 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.
means any handgun, shotgun, or rifle
which expels a projectile by action of an explosion means any firearm
meeting the statutory definition provided in § 18.2-308.2:2 G of the Code of
means any firearm including a pistol or
revolver designed to be fired by the use of a single hand means any
firearm meeting the statutory definition provided in § 18.2-308.2:2 G 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
shall include any member of the Regulatory Division (i) special agent
of the Department of Alcoholic Beverage Control vested with police
authority, any; (ii) police agent appointed under the provisions
of § 56-353 of the Code of Virginia (provides railroad officials with
the authority to appoint police agents), or any game warden; (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 or,
sheriff's office, or private police department.
"Prospective purchaser" means an individual who
intends to buy, rent, trade, or transfer a firearm [
or firearms ]
as defined herein in this chapter, and has notified a dealer of
"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
herein 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," the "VFTR form" "SP-65"
or the "VFTR."
6VAC20-130-30. Applicability of
criminal history record checks for firearm purchase chapter.
These regulations apply This chapter applies
1. All licensed dealers in firearms; and
2. The Department of State Police.
These regulations This chapter shall not
1. Transactions between persons who are licensed as firearms
importers or collectors, manufacturers or dealers pursuant to 18
§ 921 et seq.;
2. Purchases by or sale to any law-enforcement officer or agent of the United States, the Commonwealth, or any local government; or
3. Antique firearms
; or. 4. Transactions in any county, city or town that has a local
ordinance adopted prior to January 1, 1987, governing the purchase, possession,
transfer, ownership, conveyance or transportation of firearms which is more
stringent than § 18.2-308.2:2 of the Code of Virginia.
6VAC20-130-40. Responsibilities of dealers.
It shall be the responsibility of dealers that transfer firearms in Virginia to comply with the following:
1. Register with the
department and Department of
State Police to obtain from the department a dealer identification number
(DIN) and to access the toll-free telephone number to participate in
the department's criminal history record check VCheck
program by telephone or via the Internet.
2. Prior to transferring any firearm, determine if the firearm
is a "firearm" as defined in
these regulations this chapter
and § 18.2-308.2:2 of the Code of Virginia.
3. Deny the transfer of a handgun to a non-Virginia resident in
accordance with 18
U.S.C. USC § 922(b)(3).
4. Complete the VFTR form.
5. Request a criminal history record information check prior to the transfer of any such firearm.
6. Request a criminal history record check either by telephone
by, mail, VCheck, or other communication authorized by the
Department of State Police prior to the sale of shotguns and rifles to
7. Maintain required forms and records according to the procedures outlined in these regulations.
8. Deny the transfer of a firearm if advised by the Department of State Police that the prospective purchaser is ineligible to possess such a firearm and the department disapproved the transfer of a firearm to the prospective purchaser.
Allow the Department of Criminal Justice Services access
to all forms and records required by these regulations. Notify the
Department of State Police promptly upon any change in registration information
(telephone number, address, federal firearms license number, etc.).
10. Provide written notice of the closing of the business to Department State Police in advance of the actual closing date.
6VAC20-130-50. Responsibilities of the Department of State Police.
A. The Department of State Police shall operate
telephone, and mail, VCheck, or other authorized communication
response system systems to provide dealers in firearms (as
defined herein) in this chapter) with information on the legal
eligibility of prospective purchasers to possess or transport firearms covered
under these regulations. This information shall be released only to authorized
dealers. Prior to the release of the information, the identity of the dealer
and the prospective purchaser can be reasonably established.
B. In no case shall the department release to any dealer
actual criminal history record information as defined
herein in this
chapter. The dealer shall only receive from the department a statement of
the department's approval or disapproval of the transfer, and an approval code
number, if applicable, unique to the transaction. A statement of approval or
disapproval shall be based on the department's review of the prospective
purchaser's criminal history record information and restrictions on the
transfer of firearms to felons enumerated in § 18.2-308.2 of the Code of
Virginia or federal law. This statement shall take one of the following two
statuses: (i) approval with an approval code number , or (ii) disapproval
with no approval code number.
C. The department shall provide to dealers a supply of VFTR forms, a DIN, and a toll-free number to allow access to the telephone criminal history record check system available for approval of firearms purchases.
D. The department shall supply all dealers in the Commonwealth
with VFTR forms in a manner
which that allows the department to
use the forms to identify dealers and monitor dealers' use of the system to
avoid illegal access to criminal history records and other department
E. The department shall hire and train such personnel as are necessary to administer criminal history record information checks, ensure the security and privacy of criminal histories used in such record checks, and monitor the record check system.
Allow The department shall allow the
Department of Criminal Justice Services access to all forms and records
required by this chapter.
6VAC20-130-60. Preparing for a criminal history record check.
A. General procedures.
1. If any firearm, which a prospective purchaser intends
to obtain in transfer, is a firearm as defined
herein in this
chapter, the dealer shall request that the Department of State Police
conduct a criminal history record check on the purchaser. The dealer may obtain
the required record check from the department for purchasers who are residents
of Virginia by (i) telephoning the department , using the provided
toll-free number, (ii) using VCheck, or (iii) using another communication
authorized by the Department of State Police and requesting the record
check. For out-of-state residents who purchase rifles or shotguns, the dealer may
request the record check from the department by telephone, mail, or
delivery. However, Virginia residents may, if they elect, request the dealer to
obtain a record check by mail. The initial required steps of completion of the
VFTR, obtaining consent of the purchaser, determining residency and verifying
identity are common to both telephone and, mail methods
of, VCheck, or other communication authorized by the Department of State
Police for obtaining the record check.
2. The dealer shall request a criminal history record check and
obtain the prospective purchaser's signature on the consent portion of the form
for each new transfer of a firearm [
or firearms ] to a given
purchaser. One record check is sufficient for any number of firearms in a given
transfer, but once a transaction has been completed, no transfer to the same
purchaser shall proceed without a new record check.
3. A criminal history record check shall be conducted prior to the actual transfer of a firearm.
B. Completing section A of the Virginia Firearms Transaction Record: Obtaining consent for a criminal history record information check for firearms purchase. As a condition of any sale, the dealer shall advise the prospective purchaser to legibly complete and sign section A of a VFTR form.
1. The dealer shall require the prospective purchaser to complete section A of the VFTR form in the prospective purchaser's own handwriting, and without the dealer's assistance. The purchaser shall answer the questions listed and shall complete the items that establish residency and describe identity, including name, sex, height, weight, race, date of birth [ , ] and place of birth.
2. If the prospective purchaser cannot read or write, section A of the VFTR form may be completed by any person other than the dealer or any employee of the dealer according to the procedures specified on the reverse side of the VFTR form.
3. The dealer shall also obtain the prospective purchaser's signature or, if he cannot read or write, his mark, following the consent paragraph at the bottom of section A, which shall certify that the information supplied by the purchaser in section A is true and correct.
C. Completing section B of the Virginia Firearms Transaction
Record: Establishing purchaser identity and residency and dealer identity.
Prior to making a request for a criminal history record information check, the
dealer shall complete all of section B of the VFTR form for which the dealer is
responsible. Information recorded on the VFTR form shall be sufficient to
(i) reasonably establish a prospective purchaser's identity and determine the
residency of the prospective purchaser ; and (ii) identify the dealer.
1. Identify prospective purchaser and determine residency. The dealer shall determine residency and verify the prospective purchaser's identity as required in section B of the VFTR, by requiring at least two forms of identification that denote the address of the prospective purchaser. Only the forms of identification listed in this subsection shall be acceptable to establish identity and residency.
a. For Virginia residents,
the primary form of
identification shall consist of a valid photo-identification form issued by a
governmental agency of the Commonwealth or by the United States Department of
Defense. Except where the photo identification was issued by the Department of
Defense, the prospective purchaser shall furnish a secondary form of
identification that includes an address identical to that shown on the primary
identification and corroborates the purchaser's identification and residence in
Virginia. A Department of Defense photo identification plus one secondary form
of identification showing the purchaser's residence in Virginia meets the
requirements of the exception. The following are acceptable forms of secondary
identification: a dealer shall require any prospective purchaser to
present one photo-identification form issued by a governmental agency of the
Commonwealth or by the U.S. Department of Defense. (1) Valid Virginia driver's license or photo-identification
card issued by the Virginia Department of Motor Vehicles; (2) Passport; (3) Voter registration card; (4) Evidence of paid personal property tax or real estate
taxes; (5) Automobile registration; (6) Hunting or fishing license; (7) Lease; (8) Utility or telephone bill; (9) Bank check; or (10) Other identification allowed as evidence of residency
by Part 178.124 of Title 27, Code of Federal Regulations, and ATF Ruling 79-7.
If, for purposes of this chapter, a prospective purchaser's
Virginia residency is based upon active duty status with the Armed Forces of
the United States with a permanent duty station in Virginia, including the
Pentagon, and the primary form of identification consists of a photo
identification issued by the
United States U.S. Department of
Defense, the purchaser may use as a secondary identification proof of permanent
duty station within Virginia signed by the station commander or duly designated
representative. If such primary and secondary documentation are presented, the
prospective purchaser shall not be required to present any other form of
secondary identification listed in subdivisions C 1 a (1) through (10). For
the purpose of establishing residency for a firearm purchase, residency of a
member of the armed forces shall include both the state in which the member's
permanent duty post is located and any nearby state in which the member resides
and from which he commutes to the permanent duty post.
b. For non-Virginia residents purchasing shotguns or rifles, the dealer shall require the prospective purchaser to furnish one photo-identification form issued by a governmental agency of the person's state of residence and one other form of identification as provided in subdivision C 1 a, which corroborates the identity and residency shown on the photo-identification form.
c. The dealer will ensure that the
of identification support the listing of the identifying characteristics and
the resident's address as supplied by the prospective purchaser in section A of
d. If the dealer discovers any unexplained discrepancy between the two forms of identification (different addresses, birth dates, [ or ] names), the dealer shall not request a criminal history record check until the prospective purchaser can be adequately identified with two acceptable forms of identification as required.
e. The dealer shall name and identify on the VFTR form the
documents used to verify the prospective purchaser's identity and
residence , and shall record all pertinent identifying numbers on the
f. While the dealer is required to collect sufficient
information to establish the prospective purchaser's identity and residency
form(s) forms of identification listed above, in
no case is the dealer authorized to collect more information on the prospective
purchaser than is reasonably required to establish identity and,
state of residence, and citizenship.
2. Identify dealer. The dealer or his employee shall note on section B of the VFTR form:
a. The dealer's or employee's signature;
b. His position title (owner, employee);
c. The trade or corporate name and business address; and
d. The dealer's federal firearms license number.
D. No dealer shall sell, rent, trade, or transfer from his inventory any assault firearm to any person who is not a citizen of the United States or who is not a person lawfully admitted for permanent residence. To establish citizenship or lawful admission for a permanent residence for purposes of purchasing an assault firearm, a dealer shall require a prospective purchaser to present a certified birth certificate or a certificate of birth abroad issued by the U.S. State Department, a certificate of citizenship or a certificate of naturalization issued by the U.S. Citizenship and Immigration Services, an unexpired United States passport, a U.S. citizen identification card, a current voter registration card, a current selective service registration card, or an immigrant visa or other documentation of status as a person lawfully admitted for permanent residence issued by the U.S. Citizenship and Immigration Services.
6VAC20-130-70. Procedures for requesting a criminal history record information check by telephone or other communication authorized by the Department of State Police.
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
call 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
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 call 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
which 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.
3. 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.
I. In the event that the department is unable to immediately
respond to the dealer's request for a criminal history record check and the
prospective purchaser is also unable to await the department's response to the
dealer's request and the department ultimately approves of the transfer, the
dealer may transfer any firearm [
or firearms ], as listed on
the VFTR form that initiated the request for a record check, to the prospective
purchaser, after the receipt of the approval of the transfer from the
department. 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
J. If the dealer is notified by the department that the
prospective purchaser is not eligible to possess or transport a firearm [
firearms ] under state or federal law, and the transfer is
disapproved, and if he is so notified before the end of the next business day
after his accepted telephone request or VCheck confirmation, the dealer
shall not complete the transfer.
K. On the last day of the week following transfer of a firearm covered by these regulations on the basis of a telephone inquiry, the dealer shall send by mail or shall deliver to the department the appropriate copies of the VFTR other than the original, with sections A and B properly completed. No information on the type, caliber, serial number, or characteristics of the firearms transferred shall be noted on the copies of the VFTR submitted to the department, but the forms shall otherwise be complete. The dealer shall note the date of mailing on the form, or shall have the form date stamped or receive a dated receipt if the dealer delivers the form.
L. After sale check. 1. Following the receipt of the required copies of a
completed VFTR form recording a transfer, the department shall immediately
initiate a search of all data bases in order to verify that the purchaser was
eligible to possess or transport the firearm(s) under state or federal law. 2. If the search discloses that the purchaser is ineligible
to possess or transport a firearm, the department shall inform the chief
law-enforcement officer in the jurisdiction where the transfer occurred and the
dealer of the purchaser's ineligibility without delay. The department shall
mark "disapproved" on a copy of the VFTR submitted by the dealer
after the transfer and return the form by mail to the dealer.
6VAC20-130-80. Procedures for requesting a criminal history record check by mail.
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 of this chapter, 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
(which (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
or firearms ], 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
herein 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
day, or thereafter, and not be in violation of the law or these regulations
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.
6VAC20-130-90. Proper use of the components of the criminal history record check system: Forms, records, toll-free telephone number, VCheck passwords, and DIN.
A. The VFTR forms will be provided to the dealer by the department.
VFTR forms shall not be transferred from one dealer to another. All VFTR forms
partially completed, torn, defaced or otherwise rendered unusable shall be
marked "VOID" and disposed of in a manner
will not allow their reuse. All unused forms shall remain the property of the
Department of State Police and shall be returned to the department in the event
that a dealer ceases to engage in the transfer of firearms in a manner which is
regulated by the Department of Criminal Justice Services.
B. The dealer will retain the original of the VFTR form for his own files.
C. The dealer shall keep all blank and completed VFTR
, and all returned copies in a secure area, which will restrict
access to the information contained on the VFTR forms to authorized employees
D. The department shall retain a copy of all VFTR forms
received from dealers according to the procedures outlined
1. Approved transfers. Thirty days after the department has notified the dealer of an approved transfer, the department shall destroy the VFTR form still in its possession and all identifiable information collected pertaining to a prospective purchaser.
2. Disapproved transfers. VFTR forms recording a transfer that was not approved shall be maintained by the department in a separate file, maintained by name of prospective purchaser.
a. The information contained in these forms shall be used by
the department for legitimate law-enforcement purposes only
, and shall
be governed by existing regulations concerning the privacy and security of
criminal history record information.
b. The department may maintain any other printouts or reports with these copies of the VFTR form, provided they are treated as criminal history record information.
E. The Department of State Police shall maintain a running log of all requests for criminal history record information checks for firearms transfer, which shall include the following:
1. DIN and name of requester;
2. Dealer's transaction number;
3. Approval code number
, if sale is approved;
4. Date of telephone request
VCheck, or delivery date of mail request;
5. Notation of type of record request
telephone or, mail, or VCheck request;
6. Approved or not approved status; and
7. Date of clearance from department file through mailing of VFTR form to the dealer or other final action.
F. A log shall be retained at the department on each request
that leads to approvals of firearm transfers for 12 months from the date
of each request.
which that lead to disapprovals
shall be maintained by the department on a log for a period of two years from
the date the request was accepted by the department for processing.
H. The department shall monitor and distribute all VFTR forms in an appropriate manner to ensure their proper control and use. This includes designing, redesigning, numbering, distributing, tracking, and processing all VFTR forms.
I. No dealer shall provide his DIN or the toll-free number VCheck password to another party for any reason.
DIN's and the toll-free number VCheck
password may be changed periodically to ensure that these numbers are not
improperly used by unauthorized dealers or unauthorized parties.
Audits Monitor. A. The Department of State Police shall continuously
observe compliance with requirements regarding VFTR form completion,
notification of the Department of State Police following firearm transfers,
form management and storage, and confidentiality and proper use of the DIN and
the toll-free telephone number VCheck password information for
Virginia resident telephone and VCheck record checks. B. The Department of State Police shall notify the
Department of Criminal Justice Services if a dealer has used or may have used
the criminal history record information check system improperly in a manner
that may jeopardize the confidentiality and security of criminal history record
information systems. C. Upon such notification, the Department of Criminal
Justice Services shall audit the dealership in question and recommend
corrective action without delay.
Pending the outcome of an audit, the The
department may invalidate a particular DIN to ensure the continuous integrity
of the criminal history record information. Prior to such invalidation, the
department shall notify the dealer orally, telephonically by
telephone, or in writing of the reasons for such invalidation and allow the
dealer the opportunity to respond. The department shall also notify the
Department of Criminal Justice Services when a DIN has been invalidated. 2. Should the results of an audit reveal that the provisions
of these regulations have not been violated, the Department of Criminal Justice
Services shall advise the department to immediately reinstate the invalidated
DIN. 3. 2. Should the department identify results
of an audit reveal minor violations of the provisions of these
regulations this chapter, the Department of Criminal Justice Services
may notify the department to may monitor all future requests
of the dealer for criminal history record checks for a period not to exceed
90 days. In the event that the DIN of the dealer has been invalidated, the
Department of Criminal Justice Services shall also notify the department to
reinstate the invalidated DIN. Any additional violations that may occur during
this time period shall be reported to the Department of Criminal Justice
Services as needed. Occurrences of additional violations shall
invoke the provisions of these regulations for the handling of or
major or repeated violations , as outlined below, and may result in a
subsequent audit monitoring or a criminal investigation of the
dealer. 4. Should the results of an audit reveal major or repeated
violations of the provisions of these regulations, the Department of Criminal
Justice Services shall advise the department to invalidate the DIN if not
invalidated previously and that the invalidated DIN should not be reinstated
until the dealer submits a written request to the Department of Criminal
Justice Services for reinstatement of the DIN. The request shall demonstrate to
the reasonable satisfaction of the Department of Criminal Justice Services that
corrective action has been taken by the dealer to comply with the provisions of
these regulations. 5. Should the results of an audit reveal that the privacy
and security of criminal history record information have been compromised, the
Department of Criminal Justice Services shall send written notification to the
dealer, the office of the local commonwealth's attorney and the department. D. The Department of Criminal Justice Services shall
annually audit the Department of State Police to ensure the following: 1. That records, VFTR's and other materials, except for the
maintenance of the log as outlined above, on purchasers found to be eligible to
possess or transport firearms (approved) are being routinely destroyed 30 days
from the notification, mailing or delivery date of the accepted request for a
record check; and 2. That VFTR's and other materials gathered on persons found
to be ineligible to purchase a firearm (disapproved) are governed by the
regulations for criminal history record information; and 3. That logs recording the approvals and disapprovals of
firearm transfers are being correctly maintained according to the provisions of
Criminal History Record Request, Form SP-167, eff. 7/1/94.
Virginia Firearms Transaction Record, Form SP-65,
7/1/94. (eff. 7/2015) (Form SP-65 is obtained directly from the Virginia
State Police, Firearms Transaction Center Help Desk, (804) 674-2292 or (804)
674-2788, or email firstname.lastname@example.org.)