VA SB 797

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Description

Firearm purchase requirements; penalties. Requires any person selling a firearm to obtain verification from the Department of State Police that the prospective purchaser is not prohibited under state or federal law or a criminal history record check from possessing a firearm. The bill requires any person purchasing a firearm from a firearms dealer to present a valid firearm purchaser license issued by the Department of State Police that allows the holder to purchase a firearm. The bill prohibits a firearms dealer from selling, renting, trading, or transferring from his inventory any firearm to any person until he has received such permit. The bill sets forth the procedures to apply for the permit and prohibits the permitting of any person who (i) is younger than 21 years of age; (ii) is prohibited from purchasing, possessing, or transporting a firearm; (iii) within the two years prior to the date of application, has been convicted of any offense against a person that is an act of violence, force, or threat or a firearm-related offense that is punished as a Class 1 misdemeanor; or (iv) within the two years prior to the date of application, has not completed a firearms safety or training course or class offered to the public by a law-enforcement agency, institution of higher education, or private or public institution or organization or by a firearms training school utilizing instructors certified or approved by the Department of Criminal Justice Services and with a required curriculum, detailed in the bill. The bill provides that such firearm purchaser license is valid for five years from the date of issuance. The bill details reasons for revocation of a firearm purchaser license and provides that any person who fails to return a revoked firearm purchaser license to the Superintendent of State Police within five days' notice of revocation is guilty of a Class 1 misdemeanor. The bill also states that any person who makes a materially false statement on the application form for a permit is guilty of perjury. The bill provides that the Department of State Police shall enter the name and description of a person issued a firearm purchaser license into the Virginia Criminal Information Network and specifies that such information will be withheld from public disclosure but shall not be withheld from any law-enforcement agency or officer, or any authorized agent of such agency or officer, acting in the performance of his official duties. Finally, the bill provides that the Department of State Police shall keep and maintain a computerized database containing certain enumerated information, which may be made available to institutions of higher education and other research organizations or institutions in the Commonwealth upon request and sets out exceptions for to whom its provisions should apply.