For more than six months, Virginia’s “universal background check” law has been on ice after a circuit court judge ruled that the system used to conduct checks on adults under 21 who were purchasing handguns was a violation of equal protection. Democrats passed HB 1525 this past session In an effort to reinstate the checks; raising the age to purchase a handgun from 18 to 21 and instructing the Virginia State Police to resume conducting checks on all private sales.
The injunction against the VSP conducting background checks on private sales remains in place, however. Despite that, a spokesperson for Gov. Abigail Spanberger confirmed to Virginia Scope’s Brandon Jarvis that the state police will now be conducting checks on private transfers.
Philip Van Cleave, the founder of the gun rights advocacy group Virginia Citizens Defense League, announced the change on social media after being notified.
“The Virginia Attorney General’s office just informed us that the Virginia State Police intends to enforce Universal Background Checks for private sales IN DIRECT DISREGARD OF THE COURT ORDER HALTING ENFORCEMENT!” Van Cleave posted late Wednesday night.
The court order that Van Cleave is referencing prevented Virginia State Police from conducting background checks for private sales of weapons at gun shows while a lawsuit in Lynchburg Circuit Court is pending over the requirement’s validity.
The Office of the Attorney General did not respond to a request for comment late Wednesday night.
The Virginia State Police website still shows a message that states: “background checks no longer available / required.”
The news comes two days after Cardinal News ran a piece highlighting the fact that background checks on private transfers have yet to resume more than a month after HB 1525 took effect under an emergency clause. The outlet reported that anti-gun Attorney General Jay Jones had filed a motion in Lynchburg Circuit Court seeking to dissolve the injunction back on May 4, but that the judge had yet to issue a ruling on the request.
The Attorney General’s Office did not respond when asked what its next steps are if the circuit court rejects the request to dissolve the injunction.
“It’s a shame that in 2026 this is even something that needs to be figured out and isn’t already law, universal background checks save lives. There is no argument against that,” [bill sponsor Del. Garrett] McGuire said.
Sure there is. Those with criminal intent, especially those who are prohibited from purchasing or possessing a firearm, aren’t going to go through a background check. They’ll steal a gun, get one from a family member, enlist the help of a straw buyer, or just buy one on the illicit market.
Has their been an explosion in violent crime since background checks on private sales were halted last October. Not that I’ve seen. Stats for 2026 are hard to come by, but according ot crime analyst Jeff Asher’s Real Time Crime Index, homicides in Richmond, Virginia are down 50% compared to this time last year, and non-fatal shootings have declined as well. The Major Cities Chiefs Association reported a 50% reduction in homicides in Virginia Beach through March of this year, and violent crime is down 28% in Roanoke, according to local police.
Van Cleave says the VCDL and Gun Owners of America will be filing a motion to hold the Virginia State Police in contempt of court today, and I’m curious to see if the judge will act on that motion before issuing a decision on the Attorney General’s request to lift the injunction. The state is pretty clearly defying the court order by resuming background checks on private transfers, and I hope that the judge will respond accordingly.
Editor’s Note: The radical Left will stop at nothing to enact their radical gun control agenda and strip us of our Second Amendment rights.
Help us continue to report on and expose the Democrats’ gun control policies and schemes. Join Bearing Arms VIP and use promo code FIGHT to receive 60% off your membership.
Read the full article here
