Section 40. Responsibilities of dealers

It shall be the responsibility of dealers that transfer firearms in Virginia to comply with the following:

1. Register with the department and obtain from the department a dealer identification number (DIN) and the toll-free telephone number to participate in the criminal history record check program.

2. Prior to transferring any firearm, determine if the firearm is a "firearm" as defined in these regulations and § 18.2-308.2:2 of the Code of Virginia.

3. Deny the transfer of a handgun to a non-Virginia resident in accordance with 18 U.S.C. § 922(b)(3).

4. Complete the VFTR form.

5. Request a criminal history record information check prior to the transfer of any such firearm.

6. Request a criminal history record check either by telephone or by mail prior to the sale of shotguns and rifles to non-Virginia residents.

7. Maintain required forms and records according to the procedures outlined in these regulations.

8. Deny the transfer of a firearm if advised by the Department of State Police that the prospective purchaser is ineligible to possess such a firearm and the department disapproved the transfer of a firearm to the prospective purchaser.

9. Allow the Department of Criminal Justice Services access to all forms and records required by these regulations.

Historical Notes

Derived from VR240-02-2 § 2.2, eff. November 2, 1990; amended, Volume 08, Issue 03, eff. December 4, 1991; Volume 08, Issue 18, eff. July 1, 1992.

Statutory Authority

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