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 Virginia Administrative Code (Last Updated: January 10, 2017)
 Title 6. Criminal Justice and Corrections
 Agency 20. Department of Criminal Justice Services
 Chapter 130. Regulations Governing the Privacy and Security of Criminal History Recordinformation Checks for Firearm Purchases

  Section 50. Responsibilities of the Department of State Police  

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  • A. The Department of State Police shall operate a telephone and mail response system to provide dealers in firearms (as defined herein) with information on the legal eligibility of prospective purchasers to possess or transport firearms covered under these regulations. This information shall be released only to authorized dealers. Prior to the release of the information, the identity of the dealer and the prospective purchaser can be reasonably established.

    B. In no case shall the department release to any dealer actual criminal history record information as defined herein. The dealer shall only receive from the department a statement of the department's approval or disapproval of the transfer, and an approval code number, if applicable, unique to the transaction. A statement of approval or disapproval shall be based on the department's review of the prospective purchaser's criminal history record information and restrictions on the transfer of firearms to felons enumerated in § 18.2-308.2 of the Code of Virginia or federal law. This statement shall take one of the following two statuses: (i) approval with an approval code number, or (ii) disapproval with no approval code number.

    C. The department shall provide to dealers a supply of VFTR forms, a DIN, and a toll-free number to allow access to the telephone criminal history record check system available for approval of firearms purchases.

    D. The department shall supply all dealers in the Commonwealth with VFTR forms in a manner which allows the department to use the forms to identify dealers and monitor dealers' use of the system to avoid illegal access to criminal history records and other department information systems.

    E. The department shall hire and train such personnel as are necessary to administer criminal history record information checks, ensure the security and privacy of criminal histories used in such record checks, and monitor the record check system.

    F. Allow the Department of Criminal Justice Services access to all forms and records required by this chapter.

Historical Notes

Derived from VR240-02-2 § 2.3, 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.