W J. O, P.C.: Foia@Vsp - Virginia.Gov

W ILLIAM J. O LSON , P.C.
ATTO R N EY S AT LAW
WILLIAM J. OLSON
(VA, D.C.) 370 MAPLE AVENUE WEST, SUITE 4
HERBERT W. TITUS VIENNA, VIRGINIA 22180-5615

(VA OF COUNSEL)
TELEPHONE (703) 356-5070 114 C R E E K S ID E LA N E
JEREMIAH L. MORGAN W IN C H E S T E R , V A 22602-2429
(D.C., CA ONLY)
FAX (703) 356-5085 T E LE P H O N E (540) 450-8777
ROBERT J. OLSON FA X (540) 450-8771
(VA, D.C.)
E-MAIL: wjo@mindspring.com
http://www.lawandfreedom.com
April 28, 2020

By email to FOIA@VSP.VIRGINIA.GOV
First Sergeant David L. Ostwinkle

FOIA Officer
Virginia State Police
7700 Midlothian Turnpike
North Chesterfield, VA 23235
Re: Freedom of Information Act Request of Gun Owners of America, Inc.
Dear Sergeant Ostwinkle:
Our firm represents Gun Owners of America, Inc. and Erich Pratt and, on their behalf,
submits this Freedom of Information Act request. GOA is a nonprofit social welfare
organization, exempt from federal income tax under section 501(c)(4) of the Internal Revenue
Code. GOA’s tax-exempt mission and purposes include educating the public and conducting
activities in defense of the Second Amendment and the right to keep and bear arms. GOA’s
principal office is located at 8001 Forbes Place, Suite 202, Springfield, Virginia 22151. (For
further information on GOA, please see https://gunowners.org.). Erich Pratt is a citizen of the
Commonwealth of Virginia.
This request is made pursuant to the pursuant to the Virginia Freedom of Information Act,
Va. Code §§ 2.2-3700, et seq., to request records in the possession of your department. We are
specifically requesting the following records relating to background checks of prospective
firearms purchasers. Specifically, we seek:
• records describing or showing how VSP conducts a “voluntary background

check” pursuant to 54.1-4201.2, including records showing whether the National
Instant Background Check System (“NICS”) is contacted as part of that check;
• records discussing the legality (or illegality) of 54.1-4201.2, including any
discussion of how the Virginia code comports with the prohibitions of 28 C.F.R.
Section 25.6 or other federal law or regulations;
• records of any VSP discussions with the Federal Bureau of Investigation or
Bureau of Alcohol Tobacco Firearms and Explosives, about implementing the
Virginia voluntary background check;
• a copy of the January 2016 Executive Order to VSP, referenced in the Editor’s
Note to Va. Code Ann. Section 54.1-4201.2 (copy attached);
2
• the January 2016 email (also referenced in the Editor’s Note) from “FBI stating
that the Executive Order meets the standards of 28 C.F.R. section 25.6(j)(I);” and
• records describing or showing what information, gathered during a “voluntary
background check” pursuant to 54.1-4201.2, is retained by the VSP, how long it is
retained, and for what purposes it has been or may be used.
Please limit your search for these records to the period starting July 1, 2015, until the date
of this request. If certain portions of responsive records are deemed exempt from disclosure,
please provide the non-exempt portions, along with an explanation of any records (or portions
thereof) withheld.
We ask for production in electronic format, if possible. We ask that this request be
processed based on the principle that FOIA allows for cost recovery, not revenue generation, and
based on the Division of Legislative Services’ suggestion that fees be waived for small requests.1
GOA is a nonprofit organization, and intends to disseminate to the general public, free of charge,
any important information it obtains as a result of this request. If the cost of processing this
request exceeds $200, we would appreciate a written estimate. To the extent the costs are less
than $200, we will guarantee payment.
Please feel free to contact me at the number above if you have questions or require
additional information. Under the law, a response must be received within five (5) business
days. See Va. Code § 2.2-3704.B. We would appreciate a response to this request within that
time frame.
Sincerely yours,
Robert J. Olson
RJO:ls
cc: Gun Owners of America, Inc.
1
http://foiacouncil.dls.virginia.gov/ref/FOIACharges.pdf

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W ILLIAM J. O LSON , P.C.

HERBERT W. TITUS VIENNA, VIRGINIA 22180-5615

April 28, 2020

First Sergeant David L. Ostwinkle

Re: Freedom of Information Act Request of Gun Owners of America, Inc.

Dear Sergeant Ostwinkle:

• records describing or showing how VSP conducts a “voluntary background

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