Virginia Governor Gets Bad News on Background Check Bill

Since the Virginia General Assembly approved a revised version of the bill last week, there’s been a whole lot of confusion about Virginia’s HB 1525, which raises the age to purchase handguns from 18 to 21 and requires the Virginia State Police to resume conducting background checks on private sales. Governor Abigail Spanberger’s amended version contained language that declared the act an emergency, which would allow it to take effect immediately, but the legislature did not approve the changes with a 4/5ths vote, which is supposedly what’s required in order for that “emergency” provision to be adopted. 

The Virginia legislative website lists the effective date for HB 1525 as July 1, but the Virginia State Police put out a notice on Tuesday that declared the law is already in effect. That was the good news for Spanberger. 

The bad news? The VSP won’t be resuming background checks on private sales of firearms anytime soon… at least not without a court order. 

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— Philip Van Cleave VCDL (@VCDL_ORG) April 28, 2026

Gun Owners of America and VCDL had threatened to seek contempt charges against the head of the VSP if they abided by Spanberger’s edict, and it looks like the VSP didn’t see that as an idle threat. 

Keep in mind that there are three parts to HB 1525; a ban on those under 18 from possessing handguns and “assault firearms” except under limited circumstances, the ban on handgun and “assault firearm” sales to adults under the age of 21, and the edict to the VSP to start enforcing the enjoined universal background check law. The only portion of the law that the state police say will not be enforced is the section of law regarding background checks on private sales of firearms, and as far as the agency is concerned it’s now against the law for a 20-year-old to purchase an AR-15 in Virginia, even through a private sale. 

Of course, as of July 1 it will be illegal for any adult over the age of 21 to purchase an AR-15 too. The sale ban wasn’t the primary motivation for HB 1525. It was the restoration of the state’s universal background check law, and the VSP just said that isn’t happening until a judge tells the agency it can resume enforcement. 

So what will that take? The case cited by VSP has concluded, with then-Attorney General Jason Miyares declining to appeal the decision. Current AG Jay Jones attempted to intervene before he took office, but the Virginia Court of Appeals shut down that effort fairly quickly. 

According to Virginia law:

Any court wherein an injunction has been awarded may at any time when such injunction is in force dissolve the same after reasonable notice to the adverse party, or to his attorney of record, in which notice shall be set forth the grounds upon which such dissolution will be asked, unless such grounds be set forth in an answer previously filed in the case by the party giving such notice.

Note the word “may” there. It sounds to me like Jones can ask the Lynchburg circuit judge to lift the injunction, but Judge F. Patrick Yeatts is under no obligation to abide by that request. It’s unclear whether the plaintiffs would be allowed to reply to that request or whether Yeatts could ask for additional briefings or even hold another round of oral arguments, but in any case the decision is left to the court that granted (or upheld) an injunction. This particular statute doesn’t even say that Yeatts’ decision could be appealed, though that might be covered in another part of Virginia’s statutes. 

As I predicted last week, the issue of Virginia’s universal background check law is almost certainly headed back to the courts. I have no idea what the ultimate outcome will be, but at least in the short term Spanberger’s attempt to get around this court order has officially failed.  

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.

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