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REGULATIONS GOVERNING PURCHASES OF HANDGUNS IN EXCESS OF ONE WITHIN A 30-DAY PERIOD (REPEALED)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 (Repealed.)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(Repealed.)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 (Repealed.)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