TITLE 19. PUBLIC SAFETY
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: 19VAC30-115. Reporting and Tracing
Firearms Confiscated or Recovered by Law-Enforcement Agencies (adding 19VAC30-115-10).
Statutory Authority: § 52-25.1 of the Code of Virginia.
Effective Date: November 15, 2016.
Agency Contact: Kirk Marlowe, Bureau of Administrative
and Support Services, Department of State Police, P.O. Box 27472, Richmond, VA
23261-7472, telephone (804) 674-4606, FAX (804) 674-2936, or email
kirk.marlowe@vsp.virginia.gov.
Summary:
Chapter 214 of the 2016 Acts of Assembly replaced the
requirement that law-enforcement agencies report information regarding
confiscated firearms to the Department of State Police with a requirement that
such information be reported to a firearms tracing system maintained by the
U.S. Department of Justice. In accordance with Chapter 214, this regulatory
action promulgates 19VAC30-115 to implement reporting to the U.S. Department of
Justice. In a separate regulatory action, the department is repealing
19VAC30-110, which contains the regulatory requirements regarding reporting to
the Department of State Police.
CHAPTER 115
REPORTING AND TRACING FIREARMS CONFISCATED OR RECOVERED BY LAW-ENFORCEMENT
AGENCIES
19VAC30-115-10. Reporting.
A. A law-enforcement agency of the Commonwealth or of a
political subdivision of the Commonwealth shall report information regarding
firearms seized, forfeited, found, or otherwise coming into the law-enforcement
agency's possession that are believed to have been used in the commission of a
crime to the National Tracing Center of the Bureau of Alcohol, Tobacco,
Firearms and Explosives, U.S. Department of Justice.
B. A law-enforcement agency shall request, concurrent with
reporting the information pursuant to subsection A of this section, a trace of
the reported firearm from the National Tracing Center.
C. A law-enforcement agency shall make the report and
request the trace required by subsections A and B of this section forthwith
upon taking possession of the firearm. If making the report and request could
jeopardize an ongoing criminal investigation, the law-enforcement agency shall
make the report and request prior to the conclusion of the investigation.
D. To comply with subsections A and B of this section, a
law-enforcement agency may report information or request a trace by:
1. Using eTrace, which is the paperless firearms trace
submission system of the National Tracing Center (https://www.atf.gov/firearms/national-tracing-center);
or
2. Completing and submitting a National Tracing Center
Trace Request form (ATF E-form 3312.1).
NOTICE: The following
form used in administering the regulation was filed by the agency. The form is
not being published; however, online users of this issue of the Virginia
Register of Regulations may click on the name of the form to access it. The
form is 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 (19VAC30-115)
National
Tracing Center Trace Request, ATF E-Form 3312.1, OMB No. 1140-0043 (rev.
8/2016)
VA.R. Doc. No. R17-4914; Filed October 26, 2016, 7:04 a.m.