2015 Session

Budget Amendments - HB1400 (Floor Request)

Floor Action: Rejected

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Chief Patron: Toscano
Background Checks at Firearm Shows (language only)

Item 413 #7h

Item 413 #7h

Public Safety
State Police, Department of

Page 360, after line 35, insert:
"H.1. Notwithstanding any provisions of the Code of Virginia, the Department of State Police shall be available at every firearms show held in the Commonwealth to make determinations in accordance with the procedures set out in § 18.2-309.2:2 of whether a prospective purchaser or transferee is prohibited under state or federal law from possessing a firearm. The Department of State Police shall establish policies and procedures in accordance with 28 C.F.R § 25.6 to permit such determination to be made by the Department of State Police. Unless otherwise required by state or federal law, any party involved in the transaction may decide whether or not to have such a determination made. The Department of State Police may charge a reasonable fee for the determination.
2. The promoter, as defined in § 54.1-4201, shall give the Department of State Police notice of the time and location of a firearms show at least 30 days prior to the show. The promoter shall provide the Department of State Police with adequate space, at no charge, to conduct such prohibition determinations. The promoter shall ensure that a notice that such determinations are available is prominently displayed at the show.
3. No person who sells or transfers a firearm at a firearms show after receiving a determination from the Department of State Police that the purchaser or transferee is not prohibited by state or federal law from possessing a firearm shall be liable for selling or transferring a firearm to such person.
4. The provisions of § 18.2-308.2:2 including definitions, procedures, and prohibitions shall apply, mutatis mutandis, to the above provisions."

(This amendment requires the State Police to provide background checks at all firearm shows held in the Commonwealth. All firearms show promoters are required to provide 30 days notice before a show to the State Police, provide space to the State Police for background checks at no charge, and provide notice that voluntary background checks are available. The amendment also provides $100,000 to the State Police for the costs of performing the background checks. A companion amendment (Item 385 #12h) provides $100,000 to the Corrections Special Reserve Fund for the anticipated cost impacts of incarceration from this amendment.)