Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 18.2-308.1:01 as follows:

§ 18.2-308.1:01. Firearm transfers; penalties.

A. Any person not a licensed dealer who conducts business as a merchant of firearms for valuable consideration may not sell a firearm to a buyer without having a background check of the buyer conducted by a federally licensed firearms dealer.

B. For purposes of this section, merchant is as defined in § 8.2-104.

C. Notwithstanding the foregoing, unless otherwise required by state or federal law, an individual who transfers a firearm to a family member, personal friend, by inheritance, by operation of law, or for a temporary purpose shall not be required to conduct the described background check described by this section.

D.  A violation of this section is a Class 3 misdemeanor.