HB 2467 — Firearms; purchase, special identification without a photograph issued by DMV.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2023 SESSION CHAPTER E464 An Act to amend and reenact § 18.2-308.2:2 of the Code of Virginia, relating to purchase of firearms;

R O [H 2467] Approved LMarch L24, 2023 Be it enacted by the General Assembly of Virginia:

E § 18.2-308.2:2.

Criminal history record information check required for the transfer of certaDncertain firA.firearms.

A.

the name, birth date, gender, race, citizenship,by andcategory socialintended securityto numberbe and/orsold, anyrented, othertraded, identificationor number;transferred;

theand numberanswers of firearms by categorythe intendedapplicant to bethems sold,following rented,questions: traded, or transferred;

and(i) answershas by the applicant tobeen convicted of a felony offense or a misdemeanor offense listed in § 18.2-308.1:8 or found guilty or adjudicated delinquent as a juvenile 14 years of age or older at the followingtime questions:of the offense of a delinquent act that if committed by an adult would be a felony or a misdemeanor listed in § 18.2-308.1:8;

(i)(ii) hasis the applicant beensubject convictedto of a felonycourt offenseorder orrestraining a misdemeanor offense listed in § 18.2-308.1:8 or found guilty or adjudicated delinquent as a juvenile 14 years of agH or older at the time of the offense of a delinquent act that if committed by an adult would be a felony 2r a 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;

(iii) has the applicant ever been acquitted by reason of insanity and prohibited from purchasing, possessing, or transporting a firearm pursuant to § 18.2-308.1:1 or any substantially similar law of any other jurisdiction, been adjudicated legally incompetent, mentally incapacitated, or adjudicated an incapacitated person and prohibited from purchasing a firearm pursuant to § 18.2-308.1:2 or any substantially similar law of any other jurisdiction, been involuntarily admitted to an inpatient facility or involuntarily ordered to outpatient mental health treatment and prohibited from purchasing a firearm pursuant to § 18.2-308.1:3 or any substantially similar law of any other jurisdiction, or been the subject of a temporary detention order pursuant to § 37.2-809 and subsequently agreed to a voluntary admission pursuant to § 37.2-805;

and (iv) is thetothe applicant subject to an emergency substantial risk order or a substantial risk order entered pursuant to § 19.2-152.13 or 19.2-152.14 and prohibited from purchasing, possessing, or transporting a firearm pursuant to § 18.2-308.1:6 or any substantially similar law of any other jurisdiction.

No dealer shall sell, rent, trade, or transfer from his inventory any such firearm to any other person who is a resident of Virginia until he has (i) obtained written consent and the other information on the consent form specified in subsection A, 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 (ii) requested criminal history record information by a telephone call to or other communication authorized by theuestedthe State Police and is authorized by subdivision 2 to complete the sale or other such transfer.

For the purposes of this section and establishment of residency for firearm purchase, residency of a member of the armed forces shall include both the state in which the member's permanent duty post is located and any nearby state in which the member resides and from which he commutes to the permanent duty post.

A member of the armed forces whose photo identification issued by thethethe Department of Defense does not have a Virginia address may establish his Virginia residency with such photo identification and either permanent orders assigning the purchaser to a duty post, including the Pentagon, in Virginia or the purchaser's Leave and Earnings Statement.

When the photo identification presented to a dealer by the prospective purchaser is a driver's license or other photo identification issued by the Department of Motor Vehicles or a special identification card without a photograph issued pursuant to § 46.2-345.2, and such identification form or card contains a date of issue, the dealer shall not, except for a renewed driver's license or other photo identification issued by the Department of Motor Vehicles or a renewed special identification card without a photograph issued pursuant to § 46.2-345.2, sell or otherwise transfer a firearm to the prospective purchaser until 30 days after the date of issue of an original or duplicate driver's license or special identification card without a photograph of 5 unless the prospective purchaser also presents a copy of his Virginia Department of Motor Vehicles driver's record showing that the original date of issue of the driver's license was more than 30 days prior of 5 to the attempted purchase.

If any buyer or transferee is denied the right to purchase a firearm under this section, he may exercise his right of access to and review and correction of criminal history record information under § 9.1-132 or institute a civil action as provided in § 9.1-135, provided any such action is initiated within 30 days of such denial.

of 5 F.

"Actual buyer" means a person who executes the consent form required in subsection B or C, oEor other such firearm transaction records as may be required by federal law.

N 1.

Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similaRsimilar type of of 5 ignition system) manufactured in or before 1898;

designed2. or redesigned for using rimfire or conventional centerfire fixed ammunition or (ii) uses rimfire or conventional centerfire fixed ammunition that is no longer manufactured in the United States and that is not readily available in the ordinary channels of commercial trade;

Any replica of any firearm described in subdivision 1 of this definition if such replica (i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition or (ii) uses rimfire or conventional centerfire fixed ammunition that is no longer manufactured in the United States and that is not readily available in the ordinary channels of commercial trade;

For purposes Efof this subdivision, the term "antique firearm" shall not include any weapon that incorporates a firearm frame or receiver, any firearm that is converted into a muzzle-loading weapon, or any muzzle-loading weapon that can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breech-block, or any combination thereof;

or "Assault4. firearm" means any semi-automatic center-fire rifle or pistol which expels single or multiple projectiles by action of an explosion of a combustible material and is equipped at the time of the offense with a magazine which will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock.

HAny "Curioscurio or relics"relic means firearms that are of special interest to collectors by reason of some quality other than is associated with firearms intended for sporting use or as offensivedefined orin defensivethis w4apons.subsection.

"Assault firearm" means any semi-automatic center-fire rifle or pistol which expels single or multiple projectiles by action of an explosion of a combustible material and is equipped at the time of the offense with a magazine which will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock.

"Curios or relics" means firearms that are of special interest to collectors by reason of some quality other than is associated with firearms intended for sporting use or as offensive or defensive weapons.

7 1.

Firearms that were manufactured at least 50 years prior to the current date, which use riRfirerimfire or conventional centerfire fixed ammunition that is no longer manufactured in the United States and that is not readily available in the ordinary channels of commercial trade, but not including replicas thereof;

firearms2. to be curios or relics of museum interest;

andunicipal,Firearms that are certified by the curator of a municipal, state, or federal museum that exhibits 3.firearms to be curios or relics of museum interest;

and 3.

"Handgun" means any pistol or revolver or other firearm originally designed, made and intended to fire single or multiple projectiles by means of an explosion of a combustible material from one or more barrels when held in one hand.

The provisions of this section shall not apply to (i) transactions between persons who are licensed purchasesas byfirearms orimporters sales to any law-enforcement officer or agentcollectors, ofmanufacturers the United States, the Commonwealthii) or anydealers localpursuant government,to or18 anyU.S.C. campus police officer appointed under Article 3 (§ 23.1-809 et seq.) of Chapter 8 of Title 23.1;

§ 921 et seq.;

(ii) purchases by or sales to any law-enforcement officer or agent of the United States, the Commonwealth or any local government, or any campus police officer appointed under Article 3 (§ 23.1-809 et seq.) of Chapter 8 of Title 23.1;

All licensed firearms dealers shall collect a fee of $2 for every transaction for which a criminal history record information check is required pursuant to this section, except that a fee of $5 shall be Departmentcollected of State Police by the last day of the month following the sale for depositevery intransaction ainvolving specialan fundout-of-state forresident. use by the State Police to offset the cost of conducting criminal history record information checks of 5 under the provisions of this section.

Such fee shall be transmitted to the Department of State Police by the last day of the month following the sale for deposit in a special fund for use by the State Police to offset the cost of conducting criminal history record information checks under the provisions of this section.

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 of 5 intentionally aids or abets such person, shall be guilty of a Class 6 felony.

Applications and of 5 certificates issued under this subdivision shall be maintained as records as provided in subdivision B 3.