Virginia Firearms Regulatory Overview
Virginia's firearms regulatory landscape has evolved significantly since 2020. The state enacted universal background checks for all firearms sales, passed a red flag/extreme risk protection order law, and briefly reinstated a one-handgun-per-month purchase limit (which was subsequently repealed). For dealers, this means staying current with an active legislative environment while maintaining both federal and state compliance.
Virginia operates its own point-of-contact background check system through the Virginia State Police (VSP), requires universal background checks for all transfers (including private sales), and has specific requirements around assault firearm transfers to individuals under 21.
Virginia State Police Background Checks
Virginia is a point-of-contact state — all background checks go through the Virginia State Police Firearms Transaction Center, not directly through the FBI's NICS. VSP queries both the federal NICS database and Virginia-specific criminal, mental health, and protective order records.
VSP processes checks during business hours (typically 8 AM to 5 PM), with extended hours during peak periods. Checks initiated outside VSP operating hours queue until the next business day. This is different from NICS, which operates extended hours. Plan accordingly — customers initiating purchases late in the day may need to return for pickup.
Virginia does not follow the federal three-day default proceed. If VSP has not returned a determination, you must wait. Virginia law specifies that the dealer may complete the sale if VSP does not provide a response within the statutory timeframe, but in practice, VSP processes the vast majority of checks within minutes to hours.
Universal Background Checks
Since July 2020, Virginia requires a background check for all firearms transfers — including private sales between individuals. Every private party sale must go through a licensed dealer, who completes the 4473 and contacts VSP for the background check. The only exemptions are transfers between immediate family members (parent, child, sibling, spouse, grandparent, grandchild).
For dealers, this creates a steady stream of private party transfer business. Market your transfer services actively — every private gun sale in Virginia must come through an FFL. Set competitive, transparent pricing and make the process as fast and convenient as possible.
Keep in mind that the universal background check law applies to all firearms — handguns and long guns alike. There is no exemption for gun show sales or online private transactions.
Extreme Risk Protection Orders (Red Flag Law)
Virginia's Extreme Risk Protection Order (ERPO) law, effective July 2020, allows law enforcement and attorneys to petition a court to temporarily prohibit an individual from purchasing or possessing firearms. If a court issues an ERPO, the subject becomes a prohibited person for the duration of the order.
As a dealer, ERPOs affect you indirectly — a person subject to an active ERPO will be denied during the VSP background check. You do not need to independently verify ERPO status; the background check system handles it. However, if a customer tells you they are subject to an ERPO and attempts to purchase anyway, refuse the sale and document the interaction.
Restrictions on Sales to Persons Under 21
Virginia restricts the sale of assault firearms (as defined by state law) to persons under 21. This applies to semi-automatic center-fire rifles with certain features, semi-automatic center-fire pistols with certain features, and shotguns with certain features. The definitions are specific and detailed — review Virginia Code § 18.2-308.2:2 for the complete list.
Standard long guns (rifles and shotguns that do not meet the assault firearm definition) may still be sold to persons 18 and older under federal law. Handgun sales from dealers remain restricted to persons 21 and older under federal law, regardless of state provisions.
State Preemption
Virginia has broad state preemption of local firearms regulations (Virginia Code § 15.2-915), preventing localities from enacting ordinances more restrictive than state law regarding the purchase, possession, transfer, ownership, carrying, storage, or transport of firearms. However, localities may regulate the carrying of firearms in government buildings and at permitted events on public property.
This means your compliance obligations are generally consistent across the state, though you should be aware of local regulations governing carrying in specific venues if you operate near government buildings or host events.
Virginia-Specific Recordkeeping
Virginia requires dealers to maintain a copy of the consent form signed by the buyer authorizing the VSP background check. This is in addition to the federal 4473. Keep the VSP consent form with the corresponding 4473 for each transaction.
VSP assigns a transaction approval number for each completed background check. Record this number on the 4473 in the appropriate field. If an inspector asks for the approval number and it's not recorded, that's a compliance gap.
Federal retention requirements (20 years for approved 4473s, 5 years for denied) apply. Virginia does not impose additional state-level retention requirements beyond the federal standard.
See How Bravo Handles State Compliance
Federal + state compliance in one system. 4473 validation, bound book automation, and state-specific workflows built in.
Request a Demo → or call (888) 407-6287
