Title of Regulation: 19VAC30-101. Regulations Governing Purchases of Handguns Within a 30-Day Period (adding 19VAC30-101-10 through 19VAC30-101-120).

Statutory Authority: § 18.2-308.2:2 of the Code of Virginia.

Effective Date: August 20, 2020.

Agency Contact: Lieutenant Becky Cranis-Curl, Assistant Criminal Justice Information Services Officer, Department of State Police, 7700 Midlothian Turnpike, North Chesterfield, VA 23235, telephone (804) 674-2643, FAX (804) 674-8531, or email becky.cranis-curl@vsp.virginia.gov.

Summary:

The regulatory action creates a new chapter, 19VAC30-101, Purchases of Handguns Within a 30-Day Period, governing the requirements, procedures, application process, and appeal process regarding purchases of multiple handguns within a 30-day period. This chapter complies with subsection R of § 18.2-308.2:2 of the Code of Virginia, enacted by Chapter 991 of the 2020 Acts of Assembly.

CHAPTER 101
REGULATIONS GOVERNING PURCHASES OF HANDGUNS WITHIN A 30-DAY PERIOD

19VAC30-101-10. Definitions. (Reserved.)

Part I
Reports by Dealers

19VAC30-101-20. Notification of sale or transfer.

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 the dealer's 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 third business day, or was told by the State Police that a response would not be available by the end of the dealer's third 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 that 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.

Part II
Applications

19VAC30-101-30. Application for multiple handgun purchase.

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 (i State Police Administrative Headquarters, 7700 Midlothian Turnpike, Richmond, Virginia; (ii) a division headquarters or area office of the Department of State Police; or (iii) any local law-enforcement agency certified by the Department of State Police as its agent to receive such applications.

19VAC30-101-40. Identification requirements.

At the time of delivery of the application form required by 19VAC30-101-30, the applicant shall present one form of identification. The form of identification shall consist of a photo-identification form issued by a governmental agency of the Commonwealth or by the U.S. Department of Defense that was issued at least 30 days prior to presentation.

19VAC30-101-50. Transfer to someone other than applicant.

If the application indicates that the purchase is for the purpose of further transfer of a handgun 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 to whom the further transfer is to be made.

19VAC30-101-60. Evaluation of application.

The application must demonstrate that the purpose of the purchase of more than one handgun within any 30-day period is not prohibited or illegal under any federal, state, or local law.

Part III
Enhanced Background Check

19VAC30-101-70. Enhanced background check.

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 application 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 having jurisdiction in the applicant's and any transferee's place of residence within the past five years as to any factors that 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.

Part IV
Certificate

19VAC30-101-80. Issuance of certificate.

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 issue or authorize its agent to issue to the applicant a nontransferable certificate authorizing the purchase of a specified number and type of handguns. The nontransferable certificate shall be valid for seven days from the date of issue. The Department of State Police or its agent shall make one attempt to contact the applicant to notify the applicant of the issuance or denial of the certificate at a telephone number provided by the applicant at the time of delivery of the application.

19VAC30-101-90. Retention of certificate.

Upon delivery of the certificate issued pursuant to 19VAC30-101-80, 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 that issued the certificate. The returned certificate shall then be forwarded to State Police Administrative Headquarters.

Part V
Appeals

19VAC30-101-100. Appealing the denial of a certificate.

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 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.

Part VI
Agents

19VAC30-101-110. Agents certified to receive applications and issue certificates.

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 this chapter. Any such request shall be in writing, directed to the Superintendent of State Police, and designate the particular 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 this chapter in accordance with policies and procedures prescribed by the Department of State Police.

Part VII
Replacement of Lost or Stolen Handgun

19VAC30-101-120. Replacement of handgun.

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 copy of the official report or a summary of the official police report from the law-enforcement agency that took the report of the lost or stolen handgun.

FORMS (19VAC30-101)

Virginia Firearms Transaction Record, SP-65 (rev. 7-1-2020)

Multiple Handgun Purchase Application, SP-207 (rev. 7-1-2020)