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Virginia Firearm Bill of Sale Form

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Virginia Firearm Bill of Sale Form
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Updated September 14, 2023

A Virginia firearm bill of sale is a form that proves the legal sale and purchase of a firearm between a dealer and an individual or two (2) private parties in the State of Virginia. This document will add a layer of protection to both parties inasmuch as it will provide identifiable information pertaining to the firearm and change of ownership. It will also provide identifying details regarding the seller and the buyer. This document does require notarization.

Table of Contents

Privately Selling a Firearm

Virginia does not have laws regulating the private sale of privately owned firearms. However, sellers are required to conduct background checks on buyers for any transactions that occur at firearms shows.[1] Licensed dealers are also required to conduct background checks for all firearms sales.[2] Any individual who sells a firearm to a person who is prohibited from possessing a firearm is guilty of a Class 4 felony.[3]

Prohibited from Buying

Any person who meets any of the following criteria is prohibited from purchasing a firearm in the state of Virginia:

  • It is unlawful for any person acquitted by reason of insanity and committed to the custody of the Commissioner of Behavioral Health and Developmental Services, on a charge of treason, any felony, or certain offenses punishable as misdemeanors, to knowingly and intentionally purchase, possess, or transport any firearm.[4]
  • It is unlawful for any person who has been adjudicated legally incompetent or mentally incapacitated to purchase, possess, or transport any firearm.[5]
  • It is unlawful for any person who was involuntarily admitted to a relevant treatment facility or ordered to mandatory outpatient treatment; who was the subject of a temporary detention order and subsequently agreed to voluntary admission to a treatment facility; or who was found incompetent to stand trial and likely to remain so for the foreseeable future and whose case was disposed of, to purchase, possess, or transport a firearm.[6]
  • It is unlawful for any person who is subject to an applicable protective order issued by a court in Virginia, or a similar order issued by a tribunal of another state, the United States or any of its territories, possessions, or commonwealths, or the District of Columbia, to purchase or transport any firearm while the order is in effect. Any person with a concealed handgun permit who is subject to such a protective order is prohibited from carrying any concealed firearm while the order is in effect and must surrender their permit to the court entering the order.[7]
  • It is unlawful for any person who, within a 36-consecutive-month period, has been convicted of two particular misdemeanor drug offenses, to purchase or transport a handgun.[8]
  • It is unlawful for any person who is subject to an emergency substantial risk order to purchase, possess, or transport any firearm while the order is in effect. Any such person with a concealed handgun permit is prohibited from carrying any concealed firearm while the order is in effect and must surrender their permit to the court entering the order.[9]
  • It is unlawful for any person who is not a citizen of the United States and who is not lawfully present in the United States to knowingly and intentionally possess or transport any firearm, or to knowingly and intentionally carry a concealed firearm on their person.[10]

Registering a Firearm

Virginia does not have any laws requiring the state registration of privately owned firearms.

Concealed Carry

Concealed Carry is prohibited in Virginia without a valid Concealed Handgun Permit.[11]

How to Apply

An individual has to be twenty-one (21) years old or older to apply for a Concealed Handgun Permit in Virginia.[12]

Step 1 – Complete an Application for Concealed Handgun Permit.

Step 2 – Attach proof of competence with a firearm.[13]

Step 3 – Submit the application to the applicant’s local county clerk.

Step 4 – Pay the appropriate filing fee.[14]

Step 5 – The clerk will approve or deny the license application within forty-five (45) days of receiving it.

Reciprocity

Virginia recognizes the concealed carry permits of all states that issue them to their residents.[15]

Sources

  1. VA Code § 54.1-4201.2
  2. VA Code § 18.2-308.2:2
  3. VA Code § 18.2-308.2:1
  4. VA Code § 18.2-308.1:1
  5. VA Code § 18.2-308.1:2
  6. VA Code § 18.2-308.1:3
  7. VA Code § 18.2-308.1:4
  8. VA Code § 18.2-308.1:5
  9. VA Code § 18.2-308.1:6
  10. VA Code § 18.2-308.2:01
  11. VA Code § 18.2-308.01(A)
  12. VA Code § 18.2-308.02
  13. VA Code § 18.2-308.02(B)
  14. VA Code § 18.2-308.03
  15. VA Code § 18.2-308.014