18.2-308.2:3 - Criminal background check required for employees of a gun dealer to transfer firearms; exemptions; ... - Virginia Statutes

§ 18.2-308.2:3. Criminal background check required for employees of a gundealer to transfer firearms; exemptions; penalties.

A. No person, corporation or proprietorship licensed as a firearms dealerpursuant to 18 U.S.C. § 921 et seq. shall employ any person to act as aseller, whether full-time or part-time, permanent, temporary, paid or unpaid,for the transfer of firearms under § 18.2-308.2:2, if such employee would beprohibited from possessing a firearm under §§ 18.2-308.1:1, 18.2-308.1:2,18.2-308.1:3, 18.2-308.2, or § 18.2-308.2:01 or is an illegal alien, or isprohibited from purchasing or transporting a firearm pursuant to §18.2-308.1:4 or § 18.2-308.1:5.

B. Prior to permitting an applicant to begin employment, the dealer shallobtain a written statement or affirmation from the applicant that he is notdisqualified from possessing a firearm and shall submit the applicant'sfingerprints and personal descriptive information to the Central CriminalRecords Exchange to be forwarded to the Federal Bureau of Investigation (FBI)for the purpose of obtaining national criminal history record informationregarding the applicant.

C. Prior to August 1, 2000, the dealer shall obtain written statements oraffirmations from persons employed before July 1, 2000, to act as a sellerunder § 18.2-308.2:2 that they are not disqualified from possessing afirearm. Within five working days of the employee's next birthday, afterAugust 1, 2000, the dealer shall submit the employee's fingerprints andpersonal descriptive information to the Central Criminal Records Exchange tobe forwarded to the Federal Bureau of Investigation (FBI) for the purpose ofobtaining national criminal history record information regarding the request.

C1. In lieu of submitting fingerprints pursuant to this section, any dealerholding a valid federal firearms license (FFL) issued by the Bureau ofAlcohol, Tobacco and Firearms (ATF) may submit a sworn and notarizedaffidavit to the Department of State Police on a form provided by theDepartment, stating that the dealer has been subjected to a record checkprior to the issuance and that the FFL was issued by the ATF. The affidavitmay also contain the names of any employees that have been subjected to arecord check and approved by the ATF. This exemption shall apply regardlessof whether the FFL was issued in the name of the dealer or in the name of thebusiness. The affidavit shall contain the valid FFL number, state the name ofeach person requesting the exemption, together with each person's identifyinginformation, including their social security number and the followingstatement: "I hereby swear, under the penalty of perjury, that as acondition of obtaining a federal firearms license, each person requesting anexemption in this affidavit has been subjected to a fingerprintidentification check by the Bureau of Alcohol, Tobacco and Firearms and theBureau of Alcohol, Tobacco and Firearms subsequently determined that eachperson satisfied the requirements of 18 U.S.C. § 921 et seq. I understandthat any person convicted of making a false statement in this affidavit isguilty of a Class 5 felony and that in addition to any other penaltiesimposed by law, a conviction under this section shall result in theforfeiture of my federal firearms license."

D. The Department of State Police, upon receipt of an individual's record ornotification that no record exists, shall submit an eligibility report to therequesting dealer within 30 days of the applicant beginning his duties fornew employees or within 30 days of the applicant's birthday for a personemployed prior to July 1, 2000.

E. If any applicant is denied employment because of information appearing onthe criminal history record and the applicant disputes the information uponwhich the denial was based, the Central Criminal Records Exchange shall, uponwritten request, furnish to the applicant the procedures for obtaining a copyof the criminal history record from the Federal Bureau of Investigation. Theinformation provided to the dealer shall not be disseminated except asprovided in this section.

F. The applicant shall bear the cost of obtaining the criminal history recordunless the dealer, at his option, decides to pay such cost.

G. Upon receipt of the request for a criminal history record informationcheck, the State Police shall establish a unique number for that firearmseller. Beginning September 1, 2001, the firearm seller's signature, firearmseller's number and the dealer's identification number shall be on allfirearm transaction forms. The State Police shall void the firearm seller'snumber when a disqualifying record is discovered. The State Police maysuspend a firearm seller's identification number upon the arrest of thefirearm seller for a potentially disqualifying crime.

H. This section shall not restrict the transfer of a firearm at any placeother than at a dealership or at any event required to be registered as a gunshow.

I. Any person who willfully and intentionally requests, obtains, or seeks toobtain criminal history record information under false pretenses, or whowillfully and intentionally disseminates or seeks to disseminate criminalhistory record information except as authorized by this section and §18.2-308.2:2, shall be guilty of a Class 2 misdemeanor.

J. Any person willfully and intentionally making a materially false statementon the personal descriptive information required in this section shall beguilty of a Class 5 felony. Any person who offers for transfer any firearm inviolation of this section shall be guilty of a Class 1 misdemeanor. Anydealer who willfully and knowingly employs or permits a person to act as afirearm seller in violation of this section shall be guilty of a Class 1misdemeanor.

K. There is no civil liability for any seller for the actions of anypurchaser or subsequent transferee of a firearm lawfully transferred pursuantto this section.

L. The provisions of this section requiring a seller's background check shallnot apply to a licensed dealer.

M. Any person who willfully and intentionally makes a false statement in theaffidavit as set out in subdivision C 1 shall be guilty of a Class 5 felony.

N. For purposes of this section:

"Dealer" means any person, corporation or proprietorship licensed as adealer pursuant to 18 U.S.C. § 921 et seq.

"Firearm" means any handgun, shotgun, or rifle that will or is designed toor may readily be converted to expel single or multiple projectiles by actionof an explosion of a combustible material.

"Place of business" means any place or premises where a dealer may lawfullytransfer firearms.

"Seller" means for the purpose of any single sale of a firearm any personwho is a dealer or an agent of a dealer, who may lawfully transfer firearmsand who actually performs the criminal background check in accordance withthe provisions of § 18.2-308.2:2.

"Transfer" means any act performed with intent to sell, rent, barter, tradeor otherwise transfer ownership or permanent possession of a firearm at theplace of business of a dealer.

(2000, c. 794; 2002, c. 880; 2003, c. 976.)