Vetoed by Governor Glenn Youngkin

Vote Smart's Synopsis:

Vote to pass a bill that establishes a 5-day waiting period for a gun purchase in Virginia.

Highlights:

• Requires an individual purchasing a gun in Virginia to fill out a written consent form, which will be provided by the Department of State Police, and allows the dealer to request and obtain their criminal history record information (Sec. 1). 

• Specifies that the written consent form will include identifying information about the person purchasing from the dealer, as well as answers to the following questions, including (Sec. 1):

• Has the applicant been convicted of a felony or misdemeanor offense;

• Is the applicant subject to a restraining order or protective order; and

• Has the applicant ever been adjudicated mentally incapacitated or been involuntarily admitted to a mental health treatment facility? 

• Prohibits the sale, rent, trade, or transfer of a firearm to any other resident of Virginia until (Sec. 1):

• Written consent is obtained from the prospective purchaser;

• A criminal history record information is requested and the Department of State Police authorizes the completion of the sale; and

• At least 5 days have passed from the time the prospective purchaser completed the consent form.

• Requires the State Police to provide its response to the requesting dealer during the dealer’s request without delay (Sec. 1). 

• Specifics that if a response from the State Police will not be available by the end of the dealer’s fifth business day then the sale or transfer may be completed after at least 5 days have elapsed from the time the prospective purchaser completed the consent form (Sec. 1). 

• Classifies any person in violation of these provisions of this bill as guilty of a Class 1 misdemeanor (Sec. 1). 

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that establishes a 5-day waiting period for a gun purchase in Virginia.

Highlights:

• Requires an individual purchasing a gun in Virginia to fill out a written consent form, which will be provided by the Department of State Police, and allows the dealer to request and obtain their criminal history record information (Sec. 1). 

• Specifies that the written consent form will include identifying information about the person purchasing from the dealer, as well as answers to the following questions, including (Sec. 1):

• Has the applicant been convicted of a felony or misdemeanor offense;

• Is the applicant subject to a restraining order or protective order; and

• Has the applicant ever been adjudicated mentally incapacitated or been involuntarily admitted to a mental health treatment facility? 

• Prohibits the sale, rent, trade, or transfer of a firearm to any other resident of Virginia until (Sec. 1):

• Written consent is obtained from the prospective purchaser;

• A criminal history record information is requested and the Department of State Police authorizes the completion of the sale; and

• At least 5 days have passed from the time the prospective purchaser completed the consent form.

• Requires the State Police to provide its response to the requesting dealer during the dealer’s request without delay (Sec. 1). 

• Specifics that if a response from the State Police will not be available by the end of the dealer’s fifth business day then the sale or transfer may be completed after at least 5 days have elapsed from the time the prospective purchaser completed the consent form (Sec. 1). 

• Classifies any person in violation of these provisions of this bill as guilty of a Class 1 misdemeanor (Sec. 1). 

Full Bill Text