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HB 2128 - Increases the Amount of Time for the State Department to Complete Firearm Background Checks - Virginia Key Vote


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Title: Increases the Amount of Time for the State Department to Complete Firearm Background Checks

Vote Smart's Synopsis:

Vote to pass a bill that increases the time period that the Department of State has to conduct a background check prior to a firearm purchase from 3 to 5 business days.



  • Requires the following questions to be asked of firearm applicants (Sec. 1.A):

    • Has the applicant been convicted of a felony offense or found guilty or adjudicated delinquent as a juvenile 14 years of age or older at the time of the offense of a delinquent act that would be a felony if committed by an adult; 

    • Is the applicant subject to a court order restraining the applicant from harassing, stalking, or threatening the applicant's child or intimate partner, or a child of such partner, or is the applicant subject to a protective order; and

    • Has the applicant ever been acquitted by reason of insanity and prohibited from purchasing, possessing, or transporting a firearm.

  • Defines "actual buyer" as a person who executes the consent form firearm transaction records as may be required by federal law (Sec. 1.F).

  • Exempts firearm background checks for the following (Sec. 1-2):

    • A law-enforcement agency;

    • An agency duly authorized to perform law-enforcement duties;

    • A state or local correctional facility;

    • A private security company licensed to do business within the Commonwealth;

    • The purchase of antique firearms;

    • A person whose handgun is stolen or irretrievably lost who deems it essential that such handgun be replaced immediately;

    • A person who trades in a handgun at the same time he makes a handgun purchase and as a part of the same transaction, provided that no more than one transaction of this nature is completed per day;

    • A person who holds a valid Virginia permit to carry a concealed handgun;

    • A person who purchases a handgun in a private sale; or

    • A law-enforcement officer.

  • Prohibits selling, renting, trading, or transfering from a dealer’s inventory any such firearm to any other person who is a resident of Virginia until they have (Sec. 1.B.1):

    • obtained written consent and the other information on the consent form and provided the Department of State Police with the name, birth date, gender, race, citizenship, and social security and/or any other identification number and the number of firearms by category intended to be sold, rented, traded, or transferred; and

    • requested criminal history record information by a telephone call to or other communication authorized by the State Police

  • Requires the Department of State Police to immediately issue to the applicant a non transferable certificate, which shall be valid for seven days from the date of issue (Sec. 1-1).

  • Specifies 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, shall be guilty of a Class 6 felony (Sec. 1.L1).

Title: Increases the Amount of Time for the State Department to Complete Firearm Background Checks