Be it enacted by the General Assembly of Virginia:
1. That §18.2-308.2:3 of the Code of Virginia is amended and reenacted as follows:
§18.2-308.2:3. Criminal background check required for employees of a firearms dealer; exemptions; penalties.
A. No person, corporation, or proprietorship licensed as a firearms
dealer pursuant to 18 U.S.C. §921 et seq. shall employ any
person to act as a seller, whether
full-time or part-time, permanent, temporary, paid or unpaid,
for the transfer of firearms under §18.2-308.2:2 firearm employee, if such employee would be prohibited from possessing a
firearm under §18.2-308.1:1, 18.2-308.1:2, or 18.2-308.1:3, subsection B of §
18.2-308.1:4, or §18.2-308.2 or 18.2-308.2:01 or is an illegal alien, or is
prohibited from purchasing or transporting a firearm pursuant to subsection A
of §18.2-308.1:4 or §18.2-308.1:5.
B. Prior to permitting an applicant to begin employment, the dealer shall obtain a written statement or affirmation from the applicant that he is not disqualified from possessing a firearm and shall submit the applicant's fingerprints and personal descriptive information to the Central Criminal Records Exchange to be forwarded to the Federal Bureau of Investigation (FBI) for the purpose of obtaining national criminal history record information regarding the applicant.
C. Prior to August
1, 2000, the dealer shall obtain written statements or affirmations from
persons employed before July 1, 2000, to act as a seller under §18.2-308.2:2
that they are not disqualified from possessing a firearm. Within five working
days of the employee's next birthday, after August 1, 2000, the dealer shall
submit the employee's fingerprints and personal descriptive information to the
Central Criminal Records Exchange to be forwarded to the Federal Bureau of
Investigation (FBI) for the purpose of obtaining national criminal history
record information regarding the request.
C1. In
lieu of submitting fingerprints pursuant to this section, any dealer holding a
valid federal firearms license (FFL) issued by the Bureau of Alcohol, Tobacco
and Firearms (ATF) may submit a sworn and notarized affidavit to the Department
of State Police on a form provided by the Department, stating that the dealer
has been subjected to a record check prior to the issuance and that the FFL was
issued by the ATF. The affidavit may also contain the names of any employees
that have been subjected to a record check and approved by the ATF. This
exemption shall apply regardless of whether the FFL was issued in the name of
the dealer or in the name of the business. The affidavit shall contain the
valid FFL number, state the name of each person requesting the exemption,
together with each person's identifying information, including their social
security number and the following statement: "I hereby swear, under the penalty
of perjury, that as a condition of obtaining a federal firearms license, each
person requesting an exemption in this affidavit has been subjected to a
fingerprint identification check by the Bureau of Alcohol, Tobacco and Firearms
and the Bureau of Alcohol, Tobacco and Firearms subsequently determined that
each person satisfied the requirements of 18 U.S.C. §921 et seq. I understand
that any person convicted of making a false statement in this affidavit is
guilty of a Class 5 felony and that in addition to any other penalties imposed
by law, a conviction under this section shall result in the forfeiture of my
federal firearms license."
D. The Department of State Police, upon receipt of an
individual's record or notification that no record exists, shall submit an
eligibility report to the requesting dealer within 30 days of the applicant
beginning his duties for new employees or within 30 days of the applicant's
birthday for a person employed prior to July 1, 2000 2020.
E. If any applicant is denied employment because of information appearing on the criminal history record and the applicant disputes the information upon which the denial was based, the Central Criminal Records Exchange shall, upon written request, furnish to the applicant the procedures for obtaining a copy of the criminal history record from the Federal Bureau of Investigation. The information provided to the dealer shall not be disseminated except as provided in this section.
F. The applicant shall bear the cost of obtaining the criminal history record unless the dealer, at his option, decides to pay such cost.
G. Upon receipt of the request for a criminal history record
information check, the State Police shall establish a unique number for that
firearm seller employee. Beginning September
1, 2001 2020,
the firearm seller's employee's signature, firearm seller's
employee's number and the dealer's identification number
shall be on all firearm transaction forms. The State Police shall void the firearm seller's employee's number when a
disqualifying record is discovered. The State Police may suspend a firearm seller's
employee's
identification number upon the arrest of the firearm
seller employee
for a potentially disqualifying crime.
H. This section shall not restrict the transfer of a firearm at any place other than at a dealership or at any event required to be registered as a gun show.
I. Any person who willfully and intentionally requests,
obtains, or seeks to obtain criminal history record information under false
pretenses, or who willfully and intentionally disseminates or seeks to
disseminate criminal history record information except as authorized by this
section and §18.2-308.2:2, shall be is guilty of a Class 2
misdemeanor.
J. Any person willfully and intentionally making a materially false
statement on the personal descriptive information required in this section shall be is
guilty of a Class 5 felony. Any person who offers for transfer any firearm in
violation of this section shall be is guilty of a Class 1
misdemeanor. Any dealer who willfully and knowingly employs or permits a person
to act as a firearm seller employee in violation of this
section shall be is
guilty of a Class 1 misdemeanor.
K. There is no civil liability for any
seller firearm
employee for the actions of any
purchaser or subsequent transferee of a firearm lawfully transferred pursuant
to this section.
L. The provisions of this section requiring a seller's
firearm employee's background check shall not apply to a
licensed dealer.
M. Any person who willfully and intentionally makes a false
statement in the affidavit as set out in subdivision subsection C 1 shall be is guilty of a Class 5 felony.
N. For purposes of this section:
"Dealer" means any person, corporation or proprietorship licensed as a dealer pursuant to 18 U.S.C. §921 et seq.
"Firearm" means any handgun, shotgun, or rifle that will or is designed to or may readily be converted to expel single or multiple projectiles by action of an explosion of a combustible material.
"Firearm employee" means any person employed by a person, corporation, or proprietorship licensed as a firearms dealer pursuant to 18 U.S.C. §921 et seq. in any capacity whether full time or part time, permanent or temporary, or paid or unpaid.
"Place of business" means any place or premises where a dealer may lawfully transfer firearms.
"Seller"
means for the purpose of any single sale of a firearm any person who is a
dealer or an agent of a dealer, who may lawfully transfer firearms and who
actually performs the criminal background check in accordance with the
provisions of §18.2-308.2:2.
"Transfer" means any act performed with intent to sell, rent, barter, trade, or otherwise transfer ownership or permanent possession of a firearm at the place of business of a dealer.
2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to §30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation is $0 for periods of imprisonment in state adult correctional facilities and cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.
3. Prior to August 1, 2020, the dealer shall obtain written statements or affirmations from persons employed by a firearms dealer before July 1, 2020, who have not previously had a criminal background check performed as required by this section, that they are not disqualified from possessing a firearm. Within five working days of the employee's next birthday, on or after August 1, 2020, the dealer shall submit the employee's fingerprints and personal descriptive information to the Central Criminal Records Exchange to be forwarded to the Federal Bureau of Investigation (FBI) for the purpose of obtaining national criminal history record information regarding the request. All previously established unique numbers may remain valid for that firearm employee unless such unique number was already voided.