Virginia Regulatory Town Hall
Agency
Department of Criminal Justice Services
 
Board
Department of Criminal Justice Services
 
chapter
Regulations Governing the Privacy and Security of Criminal History Record Information Checks for Firearm Purchases [6 VAC 20 ‑ 130]

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2/25/16  11:04 pm
Commenter: Aaron Stevenson

6VAC20-130-30(B)(4) should be stricken
 

6VAC20-130-30(B) lists classes of transactions that are exempt from regulation. The exemptions are taken directly from Virginia Code §18.2-308.2:2(I), which enumerates the exceptions.

The fourth exemption, 6VAC20-130-30(B)(4), pertaining to transactions that are subject to certain local ordinances, was deleted from §18.2-308.2:2(I) with the enactment of HB530 (Chapter 837) in 2004.

Prior to that enactment, the firearms 'preemption' statute (§15.2-915) forbade counties and cities from enacting ordinances regulating the transfer of firearms, but preserved ordinances that had been enacted prior to January 1, 1987 under a 'grandfather' clause. HB530 abolished the grandfather clause, thereby invalidating the earlier ordinances as well.

6VAC20-130-30(B)(4) is an obsolete reference to a portion of the Virginia Code that no longer exists. It should therefore be stricken.

CommentID: 49674