Vol. 31 Iss. 7 - December 01, 2014

Chapter 230
Final Regulation

REGISTRAR'S NOTICE: The Department of State Police is claiming an exemption from the Administrative Process Act pursuant to § 2.2-4002 B 6 of the Code of Virginia, which exempts agency action relating to customary military, naval, or police functions.

Title of Regulation: 19VAC30-230. Verification Checks on Firearm Transfers to Dealers (adding 19VAC30-230-10, 19VAC30-230-20).

Statutory Authority: § 18.2-308.2:4 of the Code of Virginia.

Effective Date: January 1, 2015.

Agency Contact: Lt. Colonel Robert Kemmler, Regulatory Coordinator, Department of State Police, Bureau of Administrative and Support Services, P.O. Box 27472, Richmond, VA 23261-7472, telephone (804) 674-4606, FAX (804) 674-2234, or email


As required by Chapter 821 of the 2014 Acts of Assembly, this action establishes requirements to ensure the identity, confidentiality, and security of records and data provided for verification checks on certain firearm transfers to dealers.


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. 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.

NOTICE: The following forms used in administering the regulation were filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, General Assembly Building, 2nd Floor, Richmond, Virginia 23219.

FORMS (19VAC30-230)

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

VA.R. Doc. No. R15-4207; Filed November 12, 2014, 10:34 a.m.