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 other than a licensed dealer who sells, rents, trades, or transfers any firearm to any person other than a licensed dealer is guilty of a Class 2 misdemeanor.
B. Any person other than a licensed dealer who buys, rents, trades, or transfers any firearm from any person other than a licensed dealer is guilty of a Class 2 misdemeanor.
C. If neither party to a prospective firearm transfer is a licensed dealer, the parties to the transaction shall complete the transfer through a licensed dealer.
D. Notwithstanding subsection A, B, or C, unless otherwise prohibited by state or federal law, any person may transfer a firearm to any other person if:
1. The transfer is a bona fide gift made by or to a member of a person's immediate family as defined in §6.2-1300;
2. The transfer occurs by operation of law;
3. The transferor is an executor or administrator of an estate or is a trustee of a trust created by a will;
4. The transfer is temporary and is necessary to prevent imminent death or great bodily harm; or
5. The transfer is temporary and occurs within the continuous presence of the owner of the firearm.