Background Checks Required For Virginia Firearm Sales
Virginia law now requires expansive background checks for all gun sales in Virginia (excluding transfers, such as trades and loans).
Firearms dealers are guided by Va Law §18.2-308.2:2. Virginia State Police has 3 days to complete a criminal history check before a firearm can be transferred. Dealers may not sell a firearm to an out-of-state resident unless that person is a dual resident of VA and another state. Any dealer who willfully and intentionally sells, rents, trades, or transfers a firearm in violation of the background law can be prosecuted for a Class 6 felony offense, punished by a maximum penalty of 5 years in prison and a $2500.00 fine.
Sellers who are not dealers are guided by Va Code §18.2-308.2:5. Sellers are required to conduct background checks before selling firearms as required under Va Law 18.2- 308.2:2. Virginia State Police provide the means by which sellers obtain the background check information from licensed dealers. Exception: Sale occurs at firearms show and Virginia State Police confirms that the person is not prohibited.
Criminal Charges and Penalties for Firearm Sellers and Buyers
Virginia Penalizes any person who willfully and intentionally sells or buys a firearm without obtaining criminal history record verification can be prosecuted for a Class 1 misdemeanor under Va Code §18.2-308.2:5. This charge carries a maximum penalty of 12 months in jail and a $2,500 fine.
Under Virginia’s One-Handgun-A-Month law, it is unlawful for any person who is not a licensed firearms dealer to purchase more than one handgun within any 30-day period. Under Va Law § 18.2-308.2:2, this offense is a class 1 misdemeanor and carries a maximum penalty of 12 months in jail and a $2,500 fine. There is a long list of exceptions to this rule.
Under Va Law § 18.2-308.2:2, a dealer who willfully and intentionally requests, obtains, or seeks to obtain criminal history record information under false pretenses, or who willfully and intentionally disseminates or seeks to disseminate criminal history record information except as authorized by law, can be prosecuted for a Class 2 misdemeanor. This charge carries a maximum penalty of 6 months in jail and a $1,000 fine.
Any dealer who willfully and intentionally sells, rents, trades, or transfers a firearm in violation of the background law can be prosecuted for a Class 6 felony offense, punished by a maximum penalty of 5 years in prison and a $2500.00 fine.
Any buyer or seller, who willfully and intentionally makes a materially false statement on a background form, VSP form, or any other firearm transaction record that is required by federal law for the firearm transaction, can be prosecuted for a Class 5 felony under Va Law § 18.2-308.2:2. The maximum penalty is up to 10 years in prison and a $2500.00 fine.
Any person who attempts to solicit, persuade, encourage, or entice any dealer to transfer or otherwise convey a firearm other than to the actual buyer, as well as any other person who willfully and intentionally aids or abets such person, can be charged with a Class 6 felony.
Any person who purchases a firearm with the intent to:
(i) resell or otherwise provide such firearm to any person who he knows or has reason to believe is ineligible to purchase or otherwise receive from a dealer a firearm for whatever reason, or
(ii) transport such firearm out of the Commonwealth to be resold or otherwise provided to another person who the transferor knows is ineligible to purchase or otherwise receive a firearm,
(This law does not apply to providing the firearm to a child, grandchild, or individual for whom you are the legal guardian IF provided because of his age he is ineligible to purchase a firearm.)
can be prosecuted for a Class 4 felony and sentenced to a mandatory minimum term of imprisonment of 1 year. The maximum penalty is 10 years in prison and a $100,000.00 fine. Moreover, if the violation involves a transfer of more than one firearm, the person will be sentenced to a mandatory minimum term of imprisonment of 5 years. And, any person who is ineligible to purchase or otherwise receive or possess a firearm in Virginia who solicits, employs or assists any person in violating subsection the law, can also be prosecuted for a Class 4 felony and will be sentenced to a mandatory minimum term of imprisonment of 5 years.
Click to review all of Virginia's criminal laws related to firearms
§ 18.2-308.2:5. Criminal history record information check required to sell firearm; penalty.
A. No person shall sell a firearm for money, goods, services or anything else of value unless he has obtained verification from a licensed dealer in firearms that information on the prospective purchaser has been submitted for a criminal history record information check as set out in § 18.2-308.2:2 and that a determination has been received from the Department of State Police that the prospective purchaser is not prohibited under state or federal law from possessing a firearm or such sale is specifically exempted by state or federal law. The Department of State Police shall provide a means by which sellers may obtain from designated licensed dealers the approval or denial of firearm transfer requests, based on criminal history record information checks. The processes established shall conform to the provisions of § 18.2-308.2:2, and the definitions and provisions of § 18.2-308.2:2 regarding criminal history record information checks shall apply to this section mutatis mutandis. The designated dealer shall collect and disseminate the fees prescribed in § 18.2-308.2:2 as required by that section. The dealer may charge and retain an additional fee not to exceed $15 for obtaining a criminal history record information check on behalf of a seller.
B. Notwithstanding the provisions of subsection A and unless otherwise prohibited by state or federal law, a person may sell a firearm to another person if:
1. The sale of a firearm is to an authorized representative of the Commonwealth or any subdivision thereof as part of an authorized voluntary gun buy-back or give-back program; or
2. The sale occurs at a firearms show, as defined in § 54.1-4200, and the seller has received a determination from the Department of State Police that the purchaser is not prohibited under state or federal law from possessing a firearm in accordance with § 54.1-4201.2.
C. Any person who willfully and intentionally sells a firearm to another person without obtaining verification in accordance with this section is guilty of a Class 1 misdemeanor.
D. Any person who willfully and intentionally purchases a firearm from another person without obtaining verification in accordance with this section is guilty of a Class 1 misdemeanor.
