Firearms Eligibility Test (Page 2 of 2) in pdf

9. Are you an unlawful user of, or addicted to, marijuana,

Firearms Eligibility Test

Background Checks for

or any depressant, stimulant, or narcotic drug, or any con-

Private Sales

trolled substance? The Federal Gun Control Act defines an

addicted person, or unlawful user, as a person who has a

A person who answers “yes” to any

conviction for use or possession of a controlled substance

of the below questions may be

Code §54.1-4201.2 enacted by the 2016

within the past year or persons found through a drug test

prohibited from purchasing or

to use a controlled substance unlawfully, provided that the

General Assembly requires the

test was administered within the past year.

Department of State Police to be available at

possessing a firearm.

every firearms show held in the

10. Have you ever been acquitted by reason of insanity?

Commonwealth to make determinations in

Are you under indictment for a felony offense?

11. Have you even been adjudicated legally incompetent or

accordance with Code §18.2-308.2:2 of

mentally incapacitated or adjudicated an incapacitated per-

Are you the subject of an active misdemeanor or felony

son?

whether a prospective purchaser or

warrant from any state?

transferee is prohibited under state or

12. Have you ever been involuntarily admitted to a facility

Have you ever been convicted, as an adult, in any court

or involuntarily ordered to outpatient mental health treat-

federal law from possession of a firearm in

of a felony offense?

ment?

private transactions upon request.

If you are 28 years old or younger, have you ever been

13. Have you ever been the subject of a temporary deten-

adjudicated as a juvenile 14 years of age or older at the

tion order and subsequently agreed to voluntary admission

Participation in these background checks is

time of the offense of a delinquent act, which would be a

for mental health treatment?

felony if committed by an adult?

optional based upon agreement

14. Have you been discharged from the Armed Forces un-

entered into by prospective purchaser

Were you adjudicated as a juvenile 14 years of age or

der dishonorable discharge?

and transferor.

older at the time of the offense of murder in violation of

Code §18.2-31 or §18.2-32, kidnapping in violation of

15. Are you an alien illegally in the United States?

Code §18.2-47, robbery by the threat or presentation of

The State Police will charge a fee of $2.00

16. Are you a nonimmigrant alien? A nonimmigrant alien is

firearms in violation of Code §18.2-58, or rape in viola-

prohibited from receiving a firearm unless he or she falls

which will be collected in advance of the

tion of Code §18.2-61? (If adjudicated as a delinquent for

within an exception to the nonimmigrant alien prohibition

background check.

these offenses, you must answer yes. You are ineligible

(e.g.; hunting license/permit; waiver).

regardless of your current age and prohibited for life

unless allowed by restoration of rights by the Governor

17. are you a person who, having been a citizen of the

To locate State Police personnel for

of Virginia and order of the circuit court in the jurisdic-

United States, has renounced your citizenship?

conducting a background check on-site

tion in which you reside.)

18. Have you ever been convicted for the misdemeanor

speak with the gun show promoter or

Have you ever been convicted in any court of a misde-

crime of domestic violence? This includes all misdemeanors

look for the VSP signs pointing

meanor crime punishable by more than 2 years even if

that involve the use, threat of, or attempted use of physical

to the designated area.

the maximum punishment was not received?

force (e.g., simple assault, assault and battery) if the offense

is committed by one of the following parties: a current or

Is there an outstanding protective or restraining order

former spouse, parent, or guardian of the victim, by a per-

against you from any court that involves your spouse, a

son with whom the victim shares a child in common, by a

former spouse, an individual with whom you share a

person who is cohabiting with or has cohabited with the

child in common, or someone you cohabitated with as

victim as a spouse, parent or guardian, or by a person simi-

an intimate partner?

larly situated to a spouse, parent or guardian of the victim.

Is there an outstanding protective or restraining order

19. Are you a person who, within a 36 month period,

against you from any court that involves stalking, sexual

within the last 5 years, has been convicted under Virginia

batter, alleged abuse or acts of violence against a family

law of 2 misdemeanor offenses for Possession of Con-

or household member?

trolled Substance or Possession of Marijuana? (Handgun

purchases only).

Firearms Eligibility Test Page 2

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