Virginia Judge Rules State Cannot Resume Private Sale Background Checks

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A Virginia judge has delivered a significant victory for gun owners, ruling that the state’s universal background check law remains blocked despite efforts by Attorney General Jay Jones and Gov. Abigail Spanberger’s administration to restart enforcement.

Lynchburg Circuit Court Judge Patrick Yeatts on Wednesday refused to dissolve a statewide injunction that has prevented Virginia from conducting background checks on private firearm sales since October 2025. The ruling came after state officials attempted to resume enforcement of the law following passage of new legislation earlier this year.

The decision forced Virginia State Police to once again halt private sale background checks after briefly resuming them last week. Within hours of the ruling, the agency updated its website to confirm it was “in compliance with the injunction” and could no longer provide criminal history checks for private firearm transfers.

Judge Says Injunction Still Stands

At the center of the dispute is a permanent injunction Yeatts issued in October after ruling that Virginia’s universal background check law was unconstitutional.

Attorney General Jay Jones sought to dissolve that injunction, arguing that a newly enacted law signed by Spanberger had resolved the legal issues that led to the original ruling. His office contended that recent changes to Virginia firearms statutes effectively rendered the earlier constitutional concerns moot.

Yeatts disagreed.

The judge ruled Wednesday that his injunction remains fully in effect while the legal challenge continues and directed state police to abide by the court’s order. He instructed both sides to submit additional filings before a future hearing later this month.

The result means private sale background checks that resumed only days ago must once again cease unless and until the court lifts its injunction.

State Police Caught Between Legislature and Court

The controversy intensified after Virginia State Police resumed conducting background checks last week.

According to statements from the agency, state police received legal guidance from the attorney general’s office indicating that newly enacted legislation superseded the existing court order. Acting on that advice, the agency restored private sale background checks despite the injunction remaining on the books.

That move immediately triggered legal action from gun rights organizations, which argued that state officials were defying a binding court order.

Gun Owners of America, the Virginia Citizens Defense League, and other plaintiffs filed motions seeking contempt findings and warned law enforcement officials that the injunction remained legally enforceable.

Background Check Law Already Ruled Unconstitutional

The dispute traces back to an October 2025 ruling in Wilson v. Hanley, where Yeatts struck down Virginia’s universal background check law and issued a permanent statewide injunction.

The court found that the law created constitutional problems, particularly for law-abiding adults between the ages of 18 and 20, by effectively eliminating lawful avenues for certain firearm purchases. The ruling halted enforcement of the statute across the commonwealth.

Virginia Democrats have spent months attempting to overturn that decision through appeals and legislative changes.

Jones argued that legislation signed by Spanberger this year aligned Virginia law more closely with federal firearms regulations and justified lifting the injunction.

For now, however, the court has rejected that argument.

Gun Rights Groups Claim Vindication

Gun rights advocates celebrated the ruling as confirmation that state officials cannot bypass court orders through administrative action.

GOA and VCDL said the judge made clear that the injunction remains binding and that government officials are expected to comply regardless of whether they agree with the underlying decision.

The organizations have also warned that attempts to enforce the law despite the injunction could expose officials to legal consequences.

What Happens Next

The legal battle is far from over.

Yeatts has given both sides additional time to submit arguments before returning to court later this month. Attorney General Jones is expected to continue seeking dissolution of the injunction, while gun rights groups are pressing forward with efforts to hold state officials accountable for last week’s brief resumption of background checks.

For now, however, the immediate outcome is clear: Virginia’s universal background check law remains blocked, private sale background checks have once again stopped, and gun rights advocates have secured another courtroom victory in one of the state’s most closely watched Second Amendment battles.

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Patrick Houck

Patrick Houck is an avid political enthusiast based out of the Washington, D.C., metro area. His expertise is in campaigns and the use of targeted messaging to persuade voters. When not combing through the latest news, you can find him enjoying the company of family and friends or pursuing his love of photography.

1 Comment
    An American

    What is NOT mentioned is that the NICS ‘test’ IS still in force to make truly illegal sales still impossible ( WHEN DONE CORRECTLY ).

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