Virginia’s firearm background check system is a tool used by the Department of State Police to ensure that all firearm transactions meet federal and state legal requirements. This system requires licensed firearms dealers in Virginia to initiate a thorough background check before selling or transferring a firearm. The checks are conducted through the Virginia State Police Department, who assess national and state criminal history records to determine whether prospective purchasers are eligible to own a firearm under state or federal law.
This approach helps prevent firearms from falling into the hands of those with disqualifying factors or legal prohibitions, which reflects Virginia’s commitment to responsible gun ownership and public safety.
VA’s Integration with NICS for Enhanced Security
Virginia serves as a Point of Contact (POC) state for the National Instant Criminal Background Check System (NICS), a federal agency that ensures a comprehensive background screening process for potential buyers. This role allows the VSP to access national and state-specific databases to thoroughly vet firearm purchasers for any disqualifying criminal records or mental health issues. This collaboration ensures a higher level of oversight and compliance with federal and state firearm laws.
Important Information Collected in the State Background Check Process
The Virginia State Police runs a thorough background check for each firearm purchase. This process involves several key pieces of information to ensure that each firearm transaction adheres to federal and Virginia law. The information collected includes: Learn more
- Buyer’s personal information such as full name and date of birth, and primary form of identification like a photo ID or driver’s license
- Criminal history record information such as felony convictions, misdemeanors, or existing restraining orders
- Mental health records
- History of drug or controlled substance abuse
It’s critical that all information provided during the background check process is accurate. Providing a false statement could lead to severe legal consequences, including denial of the firearm purchase.
Outcomes of the Background Check: Approval or Denial
Every application processed by the Virginia State Police results in one of two outcomes: approval or denial.
- Approval: If the background check reveals no disqualifying information about the buyer, they are approved and the transaction can proceed.
- Denial: If the background check uncovers any information that disqualifies them from purchasing a firearm, the application is denied. They can then appeal the denial to have their application re-examined.
The Appeal Process
If a prospective buyer is denied the ability to purchase a firearm, they have the right to challenge this decision. The process for handling denials is designed to ensure fairness and accuracy:
- Initiate the Appeal: Buyers obtain the necessary forms from the VSP or firearm dealer. These forms must be completed thoroughly.
- Submit Required Information: They submit fingerprints and any additional documentation that will support their case for approval.
- Review Process: Once submitted, the VSP re-examines the applicant’s background check data and reviews the initial decision.
- Final Decision: If the appeal is successful, the denial is overturned and the individual can proceed with the firearm purchase.
This appeals process offers individuals a fair opportunity to have their case reassessed and potentially overturned.
Frequently Asked Questions
In the state of Virginia, private sellers (who are not licensed dealers) are generally required to conduct a background check when transferring a firearm.
No, Virginia doesn’t have a waiting period for firearm purchases.
Yes, the VSP collects a $2 application filing fee from Virginia residents and a $5 fee from non-Virginia residents.
- Must be Virginia resident/proof of permanent residence in the United States
- Have a valid government-issued photo identification form
- No history of criminal convictions
- Must be at least 18 years old to purchase a rifle or shotgun
An existing permit is valid if that state has entered into a concealed handgun permit agreement with the state of Virginia.
Active military personnel who are at least 21 years old can apply for a resident permit issued through the Virginia Circuit Court.