A. Any person 18 years of age or older may apply in writing to the Department of State Police to request voluntary enrollment into the List and, after being enrolled into such List, may apply in writing to the Department to request removal from such List. The application for enrollment into and removal from the List shall be on forms prescribed by the Department of State Police. Pursuant to subsection D, the forms shall state that any person enrolled into the List shall not be removed from the List until 21 days after receiving an application for removal. The Department of State Police shall make the forms available on the Department’s website.

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Terms Used In Virginia Code 52-51

  • in writing: include any representation of words, letters, symbols, numbers, or figures, whether (i) printed or inscribed on a tangible medium or (ii) stored in an electronic or other medium and retrievable in a perceivable form and whether an electronic signature authorized by Chapter 42. See Virginia Code 1-257
  • Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
  • State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245

B. Any person requesting enrollment into or removal from such List shall submit a photocopy of one valid form of photo identification issued by a governmental agency of the applicant’s state of residency or by the U.S. Department of Defense or U.S. State Department (passport) to accompany the enrollment and removal form. Such request for enrollment into or removal from the List may be submitted to the Department of State Police by mail or in person at any Department of State Police office location.

C. Upon enrolling a person into the List, the Department shall forward a person’s eligibility to purchase, possess, or transport a firearm to the National Instant Criminal Background Check System. The Department shall also notify such person by mail that he has been enrolled into the List.

D. The Department shall not remove any person from the List until 21 days after receipt of the person’s removal request. Upon removal of a person’s name from the List, the Department shall update such person’s eligibility to purchase, possess, or transport a firearm to the National Instant Criminal Background Check System and shall destroy all records of enrollment into and request for removal from the List.

2020, c. 1173.