Handing Over A Firearm
Va. Code 18.2-308.2:5 — a private sale goes through a licensed dealer's background check, and both sides commit a Class 1 misdemeanor without one
The check. No person sells a firearm for money, goods, services or anything else of value without verification from a licensed dealer that the buyer's information was submitted for a criminal history check and the State Police determined the buyer is not prohibited, unless the sale is specifically exempted by law.
The fee. The dealer may charge an additional fee of not more than $15 for obtaining the check on the seller's behalf, beyond the fees set by the related section.
- A sale to the Commonwealth or a locality in an authorized gun buy-back program.
- A sale at a firearms show, after the State Police determine the buyer is not prohibited.
- A sale conducted under the separate section the statute names, other than its listed exception.
Those are the exceptions the section lists.
Both sides. A person who willfully and intentionally sells a firearm, or buys one, without the verification commits a Class 1 misdemeanor.
Assault firearms. The section also bars selling or buying an assault firearm, as defined in the related section, for value, also a Class 1 misdemeanor.
Transfers that are not sales, and federal rules, are not on this page. A particular transfer is a question for a licensed dealer, the State Police, or a licensed Virginia attorney.
Sources for this section (1)
- Va. Code 18.2-308.2:5 — Criminal history record information check required to sell firearm; penalties
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Virginia attorney.