Thundar
Regular Member
The Virginia State Police collect $2 for every background check the conduct, even though they are not supposed to for Curio and Relics. Cite: Code of VA 18.2 308 2:2 J1 and L.
Tried to get it resolved and got the run around. Submitted a FOIA today to view the POC agreement between the FBI and the Virginia State Police.
Here it is:
21 December 2010
xxxxxxxxxx
xxxxxxxxxx
xxxxxxxxxx
COL Steven Flaherty
Superintendent, Virginia State Police
PO Box 27472 Richmond, VA 23261
Fax: (804) 674-2936
Subject: Freedom of Information Act Request
Background
I have recently received my Federal Firearms License as well as my Dealer Identification Number from the Virginia State Police. While reading the Virginia Procedures Manual for Firearms Dealers I learned that a Virginia Criminal History Record Information (CHRI) Check is not required for the disposition of Curio and Relic Firearms (as described in the Code of Virginia). The Code of Virginia also exempts to holders of Curio and Relic Federal Firearms Licenses all dispositions of firearms (not just curio and relic dispositions).
I attempted to obtain from the FBI the ability to conduct NICs checks for these Curio and Relic exemptions to the Code of Virginia. The FBI was adamant that Virginia was a full Point of Contact (POC) state, and that Virginia dealers were required to use the Virginia State Police for all firearms transactions, as the State Police had agreed to act in that capacity for Virginia.
I contacted the Virginia Firearms Transaction Center at (804) 674-2292 on 17 December 2010 to inquire about processing NICs checks as the POC. I asked for guidance about Curio and Relics and was told that background checks were not required. I told them that Federal Checks were required, that these checks could only be accomplished by the Virginia State Police and that the Background Check Fee of $2 could not be collected for such background checks. The supervisor put me on hold for 20 minutes, told me that I would have to contact the ATF and ended the phone call. I tried contacting the ATF as your FTC supervisor suggested, but of course this advice was useless as the FBI, not the ATF, conducts NICs checks.
I now wish to examine the Point of Contact (POC) agreement referenced by the FBI to determine whether the FBI is at fault for denying Virginia Federal Firearms Licensed (FFL) Dealers access to the NICs hotline, or if the Virginia State Police entered into an agreement with the FBI that exceeded their statutory authority and have been collecting the CHRI fee for Curio and Relic transactions in violation of the Code of Virginia.
Request
1) POC Establishment Document. Please provide a copy (electronic if available) of the original Point of Contact (POC) agreement, memorandum or other document between Virginia or the Virginia State Police and the US Department of Justice, the FBI or any other federal entity which established the Virginia State Police as the Virginia Point of Contact for NICS background checks.
2) POC Update Document(s). Please provide a copy of any updates, revisions, new or superseding POC establishment/ re-establishment/new or update documents (agreements, memorandums or other such documents).
Instructions
1) This is a very narrow request for the POC establishment agreement and any updates. This is not a request for operating procedures or requirements, technical data exchange requirements or security requirements.
2) I believe that the documents requested would be readily available from the State Police Firearms Transaction Center, as these document(s) are a prerequisite for the Firearms Transaction Center to act as a POC.
3) If the document(s) are available electronically, please deliver them by e-mail to xxxxxxxxxxxx@xxxxxl.com
4) If the cost for delivering the documents exceeds $10.00 please contact me at the above e-mail address with the estimated cost so that I may consider refining my request in order to minimize the expense.
5) Thank you for your support of open government.
Tried to get it resolved and got the run around. Submitted a FOIA today to view the POC agreement between the FBI and the Virginia State Police.
Here it is:
21 December 2010
xxxxxxxxxx
xxxxxxxxxx
xxxxxxxxxx
COL Steven Flaherty
Superintendent, Virginia State Police
PO Box 27472 Richmond, VA 23261
Fax: (804) 674-2936
Subject: Freedom of Information Act Request
Background
I have recently received my Federal Firearms License as well as my Dealer Identification Number from the Virginia State Police. While reading the Virginia Procedures Manual for Firearms Dealers I learned that a Virginia Criminal History Record Information (CHRI) Check is not required for the disposition of Curio and Relic Firearms (as described in the Code of Virginia). The Code of Virginia also exempts to holders of Curio and Relic Federal Firearms Licenses all dispositions of firearms (not just curio and relic dispositions).
I attempted to obtain from the FBI the ability to conduct NICs checks for these Curio and Relic exemptions to the Code of Virginia. The FBI was adamant that Virginia was a full Point of Contact (POC) state, and that Virginia dealers were required to use the Virginia State Police for all firearms transactions, as the State Police had agreed to act in that capacity for Virginia.
I contacted the Virginia Firearms Transaction Center at (804) 674-2292 on 17 December 2010 to inquire about processing NICs checks as the POC. I asked for guidance about Curio and Relics and was told that background checks were not required. I told them that Federal Checks were required, that these checks could only be accomplished by the Virginia State Police and that the Background Check Fee of $2 could not be collected for such background checks. The supervisor put me on hold for 20 minutes, told me that I would have to contact the ATF and ended the phone call. I tried contacting the ATF as your FTC supervisor suggested, but of course this advice was useless as the FBI, not the ATF, conducts NICs checks.
I now wish to examine the Point of Contact (POC) agreement referenced by the FBI to determine whether the FBI is at fault for denying Virginia Federal Firearms Licensed (FFL) Dealers access to the NICs hotline, or if the Virginia State Police entered into an agreement with the FBI that exceeded their statutory authority and have been collecting the CHRI fee for Curio and Relic transactions in violation of the Code of Virginia.
Request
1) POC Establishment Document. Please provide a copy (electronic if available) of the original Point of Contact (POC) agreement, memorandum or other document between Virginia or the Virginia State Police and the US Department of Justice, the FBI or any other federal entity which established the Virginia State Police as the Virginia Point of Contact for NICS background checks.
2) POC Update Document(s). Please provide a copy of any updates, revisions, new or superseding POC establishment/ re-establishment/new or update documents (agreements, memorandums or other such documents).
Instructions
1) This is a very narrow request for the POC establishment agreement and any updates. This is not a request for operating procedures or requirements, technical data exchange requirements or security requirements.
2) I believe that the documents requested would be readily available from the State Police Firearms Transaction Center, as these document(s) are a prerequisite for the Firearms Transaction Center to act as a POC.
3) If the document(s) are available electronically, please deliver them by e-mail to xxxxxxxxxxxx@xxxxxl.com
4) If the cost for delivering the documents exceeds $10.00 please contact me at the above e-mail address with the estimated cost so that I may consider refining my request in order to minimize the expense.
5) Thank you for your support of open government.
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