Virginia criminal charge
Criminal background check required for employees of a gun dealer to transfer firearms in Virginia
Criminal background check required for employees of a gun dealer to transfer firearms is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-308.2:3. Its classification is not fixed: Virginia assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Va. Code Ann. § 18.2-308.2:3.
What is the penalty for criminal background check required for employees of a gun dealer to transfer firearms in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 1 years to 10 years (False statement in FFL affidavit under C1 — A person convicted of making a false statement in the affidavit described in subdivision C1, as stated within the affidavit's own text, is guilty of a Class 5 felony.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(e))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (False statement in FFL affidavit under C1 — A person convicted of making a false statement in the affidavit described in subdivision C1, as stated within the affidavit's own text, is guilty of a Class 5 felony.; with the jail-confinement alternative under § 18.2-10(e)) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | up to 6 months (Wrongful request or dissemination of criminal history record information — Applies to any person who willfully and intentionally requests, obtains, or seeks to obtain criminal history record information under false pretenses, or who willfully and intentionally disseminates or seeks to disseminate such information except as authorized.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $1,000 (Wrongful request or dissemination of criminal history record information — Applies to any person who willfully and intentionally requests, obtains, or seeks to obtain criminal history record information under false pretenses, or who willfully and intentionally disseminates or seeks to disseminate such information except as authorized.; either or both with confinement (§ 18.2-11(b))) | discretionary | Va. Code Ann. § 18.2-11 |
| Jail / prison | 1 years to 10 years (Materially false statement on personal descriptive information — Applies to any person who willfully and intentionally makes a materially false statement on the personal descriptive information required under this section.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(e))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Materially false statement on personal descriptive information — Applies to any person who willfully and intentionally makes a materially false statement on the personal descriptive information required under this section.; with the jail-confinement alternative under § 18.2-10(e)) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | up to 12 months (Offering a firearm for transfer in violation of section — Applies to any person who offers for transfer any firearm in violation of this section.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (Offering a firearm for transfer in violation of section — Applies to any person who offers for transfer any firearm in violation of this section.; either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
| Jail / prison | up to 12 months (Dealer knowingly employing disqualified seller — Applies to any dealer who willfully and knowingly employs or permits a person to act as a firearm seller in violation of this section.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (Dealer knowingly employing disqualified seller — Applies to any dealer who willfully and knowingly employs or permits a person to act as a firearm seller in violation of this section.; either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
| Jail / prison | 1 years to 10 years (False statement in C1 affidavit — Applies to any person who willfully and intentionally makes a false statement in the affidavit set out in subdivision C1.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(e))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (False statement in C1 affidavit — Applies to any person who willfully and intentionally makes a false statement in the affidavit set out in subdivision C1.; with the jail-confinement alternative under § 18.2-10(e)) | discretionary | Va. Code Ann. § 18.2-10 |
Applies to current.
How is criminal background check required for employees of a gun dealer to transfer firearms classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| False statement in FFL affidavit under C1 | class 5 felony | A person convicted of making a false statement in the affidavit described in subdivision C1, as stated within the affidavit's own text, is guilty of a Class 5 felony. | Va. Code Ann. § 18.2-308.2:3C |
| Wrongful request or dissemination of criminal history record information | class 2 misdemeanor | Applies to any person who willfully and intentionally requests, obtains, or seeks to obtain criminal history record information under false pretenses, or who willfully and intentionally disseminates or seeks to disseminate such information except as authorized. | Va. Code Ann. § 18.2-308.2:3I |
| Materially false statement on personal descriptive information | class 5 felony | Applies to any person who willfully and intentionally makes a materially false statement on the personal descriptive information required under this section. | Va. Code Ann. § 18.2-308.2:3J |
| Offering a firearm for transfer in violation of section | class 1 misdemeanor | Applies to any person who offers for transfer any firearm in violation of this section. | Va. Code Ann. § 18.2-308.2:3J |
| Dealer knowingly employing disqualified seller | class 1 misdemeanor | Applies to any dealer who willfully and knowingly employs or permits a person to act as a firearm seller in violation of this section. | Va. Code Ann. § 18.2-308.2:3J |
| False statement in C1 affidavit | class 5 felony | Applies to any person who willfully and intentionally makes a false statement in the affidavit set out in subdivision C1. | Va. Code Ann. § 18.2-308.2:3M |
Common questions about criminal background check required for employees of a gun dealer to transfer firearms in Virginia
Is criminal background check required for employees of a gun dealer to transfer firearms a felony or a misdemeanor in Virginia?
It depends on the circumstances: criminal background check required for employees of a gun dealer to transfer firearms ranges from a class 2 misdemeanor to a class 5 felony in Virginia under Va. Code Ann. § 18.2-308.2:3.
False statement in FFL affidavit under C1: class 5 felony (Va. Code Ann. § 18.2-308.2:3C) · Wrongful request or dissemination of criminal history record information: class 2 misdemeanor (Va. Code Ann. § 18.2-308.2:3I) · Materially false statement on personal descriptive information: class 5 felony (Va. Code Ann. § 18.2-308.2:3J) · Offering a firearm for transfer in violation of section: class 1 misdemeanor (Va. Code Ann. § 18.2-308.2:3J) · Dealer knowingly employing disqualified seller: class 1 misdemeanor (Va. Code Ann. § 18.2-308.2:3J) · False statement in C1 affidavit: class 5 felony (Va. Code Ann. § 18.2-308.2:3M)
What are the penalties for criminal background check required for employees of a gun dealer to transfer firearms in Virginia?
Penalties for criminal background check required for employees of a gun dealer to transfer firearms in Virginia depend on how it is classified — from a class 2 misdemeanor up to a class 5 felony — with the ranges set by Va. Code Ann. § 18.2-10 and Va. Code Ann. § 18.2-11; the full table of ranges by variant is published on this page.
Which Virginia statute covers criminal background check required for employees of a gun dealer to transfer firearms?
Criminal background check required for employees of a gun dealer to transfer firearms is governed by Va. Code Ann. § 18.2-308.2:3 (Criminal background check required for employees of a gun dealer to transfer firearms; exemptions; penalties).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.