Virginia Regulatory Town Hall
Department of Criminal Justice Services
Department of Criminal Justice Services
Regulations Governing the Privacy and Security of Criminal History Record Information Checks for Firearm Purchases [6 VAC 20 ‑ 130]


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2/25/16  11:04 pm
Commenter: Aaron Stevenson

6VAC20-130-30(B)(4) should be stricken

6VAC20-130-30(B) lists classes of transactions that are exempt from regulation. The exemptions are taken directly from Virginia Code §18.2-308.2:2(I), which enumerates the exceptions.

The fourth exemption, 6VAC20-130-30(B)(4), pertaining to transactions that are subject to certain local ordinances, was deleted from §18.2-308.2:2(I) with the enactment of HB530 (Chapter 837) in 2004.

Prior to that enactment, the firearms 'preemption' statute (§15.2-915) forbade counties and cities from enacting ordinances regulating the transfer of firearms, but preserved ordinances that had been enacted prior to January 1, 1987 under a 'grandfather' clause. HB530 abolished the grandfather clause, thereby invalidating the earlier ordinances as well.

6VAC20-130-30(B)(4) is an obsolete reference to a portion of the Virginia Code that no longer exists. It should therefore be stricken.

CommentID: 49674