IDENTIFICATION AND RESIDENCY REQUIREMENTS
A. Virginia Resident Transactions
The dealer shall determine residency and verify the prospective purchaser's identity as required in Section B of the SP-65.
The individual must present a valid photo-ID form issued by a governmental agency of the Commonwealth of Virginia that denotes the individual’s name, sex, and date of birth.
1. Where the primary form is a photo-ID issued by the Virginia Department of Motor Vehicles (DMV), the dealer shall not transfer a firearm to the prospective purchaser until 30 days after the date of issue of an original or duplicate driver's license unless a copy of his/her DMV driver's record is presented showing that the original date of issue was more than 30 days prior to the attempted purchase.
2. A State Department Driver's License is an acceptable primary form of identification: a photo-identification issued by a [Federal] Governmental Agency that indicates the individual's name, address, sex, and date of birth.
3. The DMV will not issue an original license, permit, or ID card to any applicant who has not presented evidence that he/she is a citizen of the United States, a legal permanent resident, or an authorized temporary resident alien of the United States. In the instance of temporary residence (nonimmigrant status), the driver’s license or ID card will only be valid during the period of authorized stay in the United States.
B. Nonresident Transactions
1. Handguns - The sale of handguns to nonresident buyers is prohibited by federal law, with the exception of the purchase of a handgun by law enforcement officers in certain instances (see C.)
2. Rifles and Shotguns - Rifles and shotguns may be purchased by persons who are residents of other states under the terms of subsection A and B, Section 18.2-308.2:2, Code of Virginia; i.e., one photo-identification form issued by a governmental agency of the purchaser's state of residence. The noted statute requires the nonresident to present one other documentation of residence that contains an address identical to that shown on the photo-identification form.
The following secondary forms of ID are determined acceptable by the Department of Criminal Justice Services Department of Criminal Justice Services Regulations (See Appendix C, 6VAC20-130-10):
a. A current lease.
b. Evidence of currently paid personal property tax or real estate tax.
c. A current utility or telephone bill.
d. A current voter registration card.
e. A current bank check.
f. A current passport.
g. A current automobile registration.
h. A current hunting or fishing license. VFTP Dealers Procedures Manual Revised July 1, 2016 V-4
i. Other current identification allowed as evidence of residency by Part 178.124 of Title 27 of the Code of Federal Regulations and BATF Ruling 2001-5 or other documentation of residence determined to be acceptable by the Department of
j. Criminal Justice Services that corroborates that the prospective purchaser currently resides in Virginia.
3. A nonresident redeeming a pawned handgun(s) must meet primary and secondary ID requirements. Refer to Section X for additional information pertaining to pawn redemption transactions.
C. Law Enforcement Officers
1. State and federal law enforcement officers must meet primary and secondary ID requirements and must consent to a CHRI check for the purchase of a firearm by completion of form SP-65, with the exception of certification letter transactions described below.
2. Certification Letter - Under Section 925(a)(1) of the Gun Control Act, a law enforcement officer is exempt from the provisions of the Federal Brady Law if the law enforcement officer is issued a certification letter on the agency’s letterhead, signed by a person in authority within the agency, stating that the officer will use the firearm in performance of official duties, and the letter must state that a records check reveals that the purchasing officer has not been convicted of a misdemeanor crime of domestic violence.
a. The officer specified in the certification letter may purchase a firearm regardless of the state in which the officer resides or in which the agency is located.
b. Completion of a state form SP65 is not required in this instance.
3. Law enforcement officers are not exempt from the domestic violence prohibition of the Federal Gun Control Act.
D. Military Personnel
1. Identification Requirements - A military photo-identification card issued by the United States Department of Defense is acceptable. A member of the armed forces whose photo-identification issued by the Department of Defense does not have a Virginia address may establish Virginia residency with such photo-ID and one of the below:
a. Permanent orders assigning the purchaser to a Virginia duty post, including the Pentagon.
b. Leave and Earning’s Statement.
2. Mobile Unit Assignments - If permanently or temporarily assigned to mobile units in Virginia, the mobile unit's address should be considered when establishing residency. If the individual's home state is not Virginia, he/she shall be considered a nonresident and the transaction conducted pursuant to nonresident procedures. If, however, the homeport is listed as Virginia, the transaction may be processed as a Virginia resident the same as any other permanent military assignment to Virginia supported by military assignment orders or Leave and Earning’s Statement. VFTP Dealers Procedures Manual Revised July 1, 2016 V-4
E. Noncitizen Transactions
1. Lawful Permanent Residence - The alien resident identification number must be recorded on the SP-65 form in the appropriate block.
2. Nonimmigrant Status - Since 1998, the Gun Control Act of 1968 (GCA) has prohibited any “alien” who has been admitted into the United States under a nonimmigrant visa from receiving or possessing a firearm that has a connection to interstate commerce. See Title 18, United States Code (U.S.C.), Section 922(g) (5) (B). In an interim final regulation published in 2002, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) interpreted this provision to cover all “nonimmigrant aliens,” regardless of whether the alien required a visa in order to be admitted into the United States. In March of 2012, the U.S. Department of Justice’s Office of Legal Counsel (OLC) determined this statutory prohibition applies only to aliens admitted into the United States with nonimmigrant visas, rather than all nonimmigrant aliens in the United States. Some nonimmigrant aliens, including most Canadian visitors, as well as aliens admitted under the Visa Waiver program, are allowed to be present in the United States without a nonimmigrant Visa. Those aliens, and others who are lawfully in the country without a visa, are not within the scope of the GCA prohibition.
Therefore, aliens admitted into the United States with nonimmigrant visas are prohibited from shipping, transporting, receiving, and possessing firearms.
There are exceptions to the nonimmigrant alien prohibition, as follows:
a. The nonimmigrant alien is in possession of a hunting license or permit lawfully issued in the United States.
b. The nonimmigrant is an official representative of a foreign government who is accredited to the United States Government or their Government’s mission to an international organization having its headquarters in the United States. The individual must provide the dealer with a letter, on official embassy or Department of State letterhead, advising that the firearm is being purchased “in the representative’s official capacity.”
c. The nonimmigrant has received a waiver from the prohibition from the Attorney General of the United States. VFTP Dealers Procedures Manual
Federal Firearms License
Interstate Firearms Transfer Services—Purchase firearms from out of state and transfer it to Virginia through us and save. (Delays or Denials may have additional fees and are handled on a case by case basis)
As a licensed FFL Dealer, we can receive a firearm from anywhere in the United States. We can also ship to anyone with a FFL.
Non-Virginia residents can purchase rifles, shotguns & gear directly. Handguns can be transferred to your selected FFL holder. Contact Us for details. All sales are final.
Simple and Easy Transfers:
- Make payment/terms agreement with seller and advise them you will be transferring firearm to us and provide us with seller information via email.
- Have firearm shipped to us and we will call you when the firearm arrives.
Come to us, pay transfer fee, complete required paperwork/background check and take home your firearm.
Return Policy: 25% restocking fees apply for "in stock items" only. No refunds on special orders or electronic equipment (manufactures warranties apply). All sales are final.
KNOW YOUR RIGHTS & KNOW THE LAW: THE BELOW INFORMATION CAN ALSO BE VIEWED AT www.vsp.state.va.us
Virginia Firearms Transaction Program:
Are you under indictment for a felony offense?
Have you ever been convicted, as an adult, in any court of a felony offense?
If you are 28 years old or younger, have you ever been adjudicated delinquent as a juvenile 14 years of age or older at the time of offense of a delinquent act, which would be a felony if committed by an adult?
Were you adjudicated delinquent on or after July 1,2005, as a juvenile 14 years of age or older at the time of the offense of murder, kidnapping, robbery, or rape?
Have you ever been convicted in any court of a misdemeanor or crime punishable by more than 2 years even if the maximum punishment was not received?
Is there an outstanding protective or restraining order against you from any court?
Is there an outstanding felony or misdemeanor warrant of arrest pending against you from any jurisdiction?
Have you been convicted of the use or possession of a controlled substance within the past year or have you been found through a drug test to use a controlled substance unlawfully within the past year?
Have you ever been adjudicated legally incompetent, mentally incapacitated, or been involuntarily committed to a mental institution?
Have you been discharged from the Armed Forces under dishonorable discharge?
Are you an alien illegally in the United States? Are you a non immigrant alien?
Are you a person who, having been a citizen of the United States, has renounced your citizenship?
Have you ever been convicted for the misdemeanor or crime of domestic violence?
Have you purchased a handgun from any source within the last 30-days? (Handgun Purchases Only)
Are you a person who, within a 36 consecutive month period, has been convicted, under Virginia law, of 2 misdemeanor offenses for Possession of Controlled Substance or Possession of Marijuana? (Handgun Purchases Only)
If you are denied the purchase of a firearm by VSP/FTC and do not believe that you are prohibited by state or federal law from purchasing or possessing a firearm, you may:
Contact the Firearms Transaction Center(FTC) at (804) 674-2292 or by E-mail at [email protected] to discuss the ineligible determination or to provide additional information deemed pertinent to the final determination of eligibility. Fingerprint comparison may be necessary in some instances, and may support the issuance of a Unique Firearms Identification Number, (UFIN) to facilitate future purchase approvals. Exercise your right to institute a civil action pursuant to Section 9.1-135 of the Code of Virginia, provided that any such action is initiated within 30-days of the denial. Elect to direct your challenge to the accuracy of a record, in writing, to: FBI, NICS Operations Center, Criminal Justice Information Services Division, 1000 Custer Hollow Road, Module C-3, Clarksburg,West Virginia 26306-0147 or E-Mail at address: [email protected]
This process of appeal is authorized by 28 Code of Federal Regulations 25.10.
You may obtain a copy of your Virginia criminal history record by completion of a Criminal History Record Request Form SP-167. This form can be viewed, downloaded and/or printed by visiting the Virginia State Police Forms page. This form is also available by calling or writing the following: Virginia State Police, Criminal Justice Information Services Division, Central Criminal Records Exchange, Post Office Box C-85076, Richmond, VA23261-5076,The completed form may be mailed to the above address or presented in person during regular business hours to: Virginia State Police Administrative Headquarters, 7700 Midlothian Turnpike, Richmond, Virginia. You may request correction of your Virginia criminal record if the record is found to be in error pursuant to Section 9.1-132, Code of Virginia, provided that any such action is initiated within 30-days of the denial.
To request a copy of your criminal record from a state other than Virginia, you must communicate directly with that state authority for receipt, update, or correction purposes.
Restoration of Rights: One who is convicted of a felony automatically loses his or her firearm rights under state and federal law. If you have been convicted of a felony as described in Section 18.2-308.2 of the Code of Virginia, you may still be eligible to purchase a firearm if your rights have been restored under both state and federal law, as follows: (IT IS YOUR RESPONSIBILITY TO PROVIDE EVIDENCE OF THE RESTORATION OF RIGHTS TO THE STATE POLICE.) You have been pardoned or have had your political disabilities removed pursuant to Article V, Section 12 of the Constitution of Virginia, and if the executive order does not place any conditions upon the reinstatement of your right to ship, transport, possess or receive firearms. OR You have been granted permission by the Circuit Court of the jurisdiction in which you reside to possessor carry a firearm (with no restrictions on the type of firearm) and one of the following: you have had all other political rights restored by the Governor, OR You have had your federal disabilities removed by the Bureau of Alcohol, Tobacco, Firearms,and Explosives. OR You have had your political rights restored by the Governor of Virginia or the Governor of the State in which you were convicted and one of the following: the reinstatement of rights included the right to ship,transport, possess or receive firearms, or you have had your firearms rights restored by the Virginia Circuit Court in the jurisdiction in which you reside, or you have had your federal disabilities removed by the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
THE ABOVE DOES NOT APPLY IF YOUR CONVICTION OCCURRED IN A FEDERAL COURT. UNDER LAW, A STATE COURT DOES NOT HAVE THE AUTHORITY TO REMOVE FIREARM DISABILITIES IMPOSED BY A FEDERAL COURT.
All sales are final on order and transfer items. We have a no refund policy.