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2012 SESSION
12101468DBe it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 18.2-308.1:01 as follows:
§ 18.2-308.1:01. Firearm transfers.
A. Any person other than a licensed dealer who sells, rents, trades, or transfers any firearm to any person other than a licensed dealer is guilty of a Class 2 misdemeanor.
B. Any person other than a licensed dealer who buys, rents, trades, or transfers any firearm from any person other than a licensed dealer is guilty of a Class 2 misdemeanor.
C. Notwithstanding subsection A or B, unless otherwise prohibited by state or federal law, any person may transfer a firearm to any other person if:
1. The transfer is a bona fide gift made by or to a member of a person’s immediate family as defined in § 6.2-1300;
2. The transfer occurs by operation of law;
3. The transferor is an executor or administrator of an estate, or is a trustee of a trust created by a will;
4. The transfer is temporary and occurs within the home of the transferor when:
a. The transferee is not prohibited by any other law from possessing a firearm; and
b. The transfer is necessary to prevent imminent death or great bodily harm; or
5. The transfer is temporary and occurs (i) at a shooting range, (ii) at a target shooting competition, or (iii) while the transferor and transferee are engaged in lawful hunting.
D. If neither party to a prospective firearms transfer is a licensed dealer, the parties to the transaction shall complete the transfer through a licensed dealer.