In Virginia, background checks play a fundamental role in keeping firearms out of the hands of people who are prohibited from owning them. The state’s laws aim to balance public safety with Second Amendment rights, creating a framework that holds individuals and dealers accountable.
Understanding how background checks work is important for firearm sellers and buyers in Virginia. Mistakes can lead to delays or even legal consequences. This article breaks down the process to provide Virginians with clarity and help them stay compliant with the law.
What Are Background Checks for Firearms in Virginia?
Background checks prevent firearms from being sold to individuals who are legally barred from owning them. Governed by Virginia Code § 18.2-308.2:2, background checks help enforce these prohibitions while promoting responsible gun ownership.
Federal law mandates that licensed firearm dealers conduct background checks through the National Instant Criminal Background Check System (NICS). However, Virginia goes further by requiring background checks for private sales under specific conditions.
How Does the Background Check Process Work?
Buyers must undergo a structured background check process when purchasing a firearm in Virginia. Here is how the process works:
- Buyer Submits Information: The buyer provides personal details, including a government-issued photo identification, to the seller or dealer.
- Seller Initiates a Background Check: The seller obtains written consent to perform a background check and contacts either the NICS or the Virginia State Police to perform the background check.
- Records Review: The system examines the buyer’s criminal history, restraining orders, mental health adjudications, and other disqualifiers.
- The Outcome: The buyer receives one of three results:
- An Approval: The buyer may proceed with the firearm purchase.
- A Denial: The buyer cannot legally purchase the firearm due to disqualifying factors.
- A Delay: Delays can occur when the system requires more time to review the buyer’s records or resolve discrepancies.
Virginia’s streamlined background check process under the Virginia Firearms Transaction Program (VFTP) helps ensure efficiency while addressing state-specific legal requirements. The process is usually quick, with most checks completed in minutes.
Who Does Virginia Law Prohibit From Owning Firearms?
Virginia law identifies several groups of people who are not allowed to own firearms. According to Virginia Code § 18.2-308.2, these include:
Felons: Anyone convicted of a felony offense.- Individuals Under Restraining Orders: Those subject to active protective orders, such as in domestic violence cases.
- Mental Health Adjudications: Individuals declared mentally incapacitated or involuntarily committed.
These restrictions align with federal laws outlined in 18 U.S.C. § 922(g), ensuring consistency across jurisdictions.
Temporary vs. Permanent Bans
Not all prohibitions are lifelong. For example, individuals with a temporary restraining order lose their firearm rights until the order expires. Conversely, a felony conviction typically results in a lifetime ban unless the individual’s firearm rights are restored through a formal process, such as a governor’s pardon.
Private Sales and Exemptions
Under Virginia’s Universal Background Check law, all firearm sales (whether from a licensed dealer or a private party) must involve a background check on the potential buyer. Sales between two private unlicensed parties typically require a federally licensed firearms dealer (FFL) to facilitate the sale and perform the required background check.
Certain transfers are exempt from Virginia’s background check requirement. These include:
- Transfers of firearms between immediate family members (e.g., parents, children, grandparents)
- Transfers of firearms where no compensation, such as money, goods, or services, is exchanged
- Transfers of antique firearms as defined by law
- Certain transfers to law enforcement and military personnel
Otherwise, a background check must be performed any other time a firearm is being transferred for compensation in Virginia. Any violation of this requirement can lead to legal penalties.
Potential Penalties for Violating Background Check Laws
Violating Virginia’s background check laws can lead to severe consequences. Depending on the severity of the violation, individuals or dealers who sell firearms without a required background check face misdemeanor or felony charges.
The penalties for violating Virginia’s background check laws may include:
- Fines: Up to $2,500 for certain violations.
- Jail Time: Sentences range from one to five years, depending on the severity of the offense.
Impact on Future Gun Ownership
Breaking the state’s firearm laws can also permanently affect a person’s ability to own firearms. Under both federal and state laws, a conviction for background check violations may disqualify a person from future firearm purchases. This underscores the importance of understanding and complying with Virginia’s firearm laws.
Challenges and Controversies Surrounding Background Checks
While essential, background checks are not without challenges. Some buyers experience delays due to clerical errors, outdated records, or glitches in the system. In rare cases, individuals may face wrongful denials, leaving them unable to purchase a firearm despite being legally eligible.
However, under 18 U.S.C. § 925A, buyers can appeal a denial and request a review of the records used in the background check. Individuals can also contact the Virginia State Police for assistance with resolving errors in the state’s firearm transaction program.
Contact The Law Offices of Kermit A. Monge, PLLC
Understanding Virginia’s firearm laws can be challenging, especially those related to background checks. At The Law Offices of Kermit A. Monge, PLLC, we guide Virginians through the complexities of the state’s firearm laws and ensure their rights are protected.
If you are dealing with legal issues related to firearms and background checks in Virginia, seek professional guidance. Our experienced attorneys offer a free consultation to help you understand your legal options and take the right steps. Contact us today to request a free consultation.