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2000 SESSION

005022980
HOUSE BILL NO. 309
Offered January 12, 2000
A BILL to amend the Code of Virginia by adding a section numbered 18.2-308.2:3, relating to vendor identification numbers required to sell or transfer a firearm at a gun show; penalties.
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Patron-- Watts
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Referred to Committee on Militia and Police
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Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 18.2-308.2:3 as follows:

§ 18.2-308.2:3. Vendor identification numbers required to sell or transfer a firearm at a gun show; penalties.

A. No dealer shall employ or permit any firearm seller to act as his agent who is not a citizen of the United States or who is not a person lawfully admitted for permanent residence. To establish citizenship for the purpose of this section, a dealer shall require a prospective firearm seller to present a certified birth certificate or a certificate of birth abroad issued by the United States State Department, a certificate of citizenship or a certificate of naturalization issued by the Immigration and Naturalization Service, an unexpired U.S. passport, a United States citizen identification card, a current voter registration card, a current selective service registration card, or an immigrant visa or other documentation of status as a person lawfully admitted for permanent residence issued by the Immigration and Naturalization Service.

B. No person shall offer for transfer any firearm at or within 500 yards of any gun show, unless he has received a State Police temporary vendor identification number valid for the duration of the gun show. The State Police shall provide a process for such temporary vendor identification numbers. Dealers and temporary vendors of firearms may transfer antiques, curios and other similar firearms, which are not subject to the record check requirements of § 18.2-308.2:2.

C. No transfer of a firearm at any place other than at a dealership or a gun show shall be restricted by this section. Nothing herein shall prevent a qualified person from acting as the agent of more than one firearms dealer if he obtains a separate firearm seller’s number for each such dealer.

D. Any person not a dealer who employs, retains or permits another who is not a dealer to effect a private sale or transfer of a firearm in his behalf shall be guilty of a Class 1 misdemeanor. Any dealer who offers for transfer a firearm in violation of the provisions of this section shall be guilty of a Class 1 misdemeanor.

E. The provisions of this section shall apply to all persons who offer for transfer any firearm at the place of business of a dealer licensed pursuant to 18 U.S.C. § 921 et seq., whether at a store or at a gun show, and, to all persons who offer a firearm for transfer under the provisions of this section.

F. Any person willfully and intentionally making a materially false statement on the consent form required in this section shall be guilty of a Class 5 felony. Any person who offers for transfer any firearm in violation of this section shall be guilty of a Class 1 misdemeanor. Any dealer who willfully and knowingly employees or permits a person to act as a firearm sales agent in violation of this section shall be guilty of a Class 1 misdemeanor.

G. For purposes of this section:

“Antique firearm” means any firearm, including those with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured in or before 1898 and any replica of such a firearm if such replica (i) is not designed or redesigned for using rimfire or conventional center-fire fixed ammunition or (ii) uses rimfire or conventional center-fire fixed ammunition that is no longer manufactured in the United States and that is not readily available in the ordinary channels of commercial trade.

“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, which expels a projectile by action of an explosion.

“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 or at a gun show.

2. That the provisions of this act may result in a net increase in periods of imprisonment in state correctional facilities. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation is $0 in FY2010.