The Virginia Attorney General’s office has notified the Virginia Citizens Defense League (VCDL) and Gun Owners of America (GOA) that the Virginia State Police (VSP) will begin enforcing universal background checks on private firearms sales. This move directly violates a standing court order that declared such requirements unconstitutional under the Virginia Constitution.
In 2020, Virginia passed legislation (Virginia Code § 18.2-308.2:5) mandating background checks for nearly all firearm transfers. This included private sales between individuals, which previously did not require checks. Under the law, these transactions had to be processed through a federally licensed firearms dealer (FFL), who would then run the check through the Virginia State Police system.
VCDL and GOA joined forces to challenge the law in state court. They argued that it infringed on the rights protected by the Virginia Constitution. In October 2025, a judge in the Lynchburg Circuit Court ruled in their favor in the case Wilson et al. v. Colonel Matthew D. Hanley. The court struck down the law and issued a permanent injunction prohibiting its enforcement anywhere in the state.
Democrats quickly labeled the ruling “the Lynchburg loophole.” Earlier in 2026, the General Assembly passed new legislation to restore background checks for private sales. Former CIA officer and current Virginia Governor Abigail Spanberger signed the bill into law. She invoked emergency powers to make it effective immediately, bypassing the standard delayed implementation period.
Initially, the Virginia State Police acknowledged the court order and stated they could not enforce the new requirements while the injunction remained in place. VSP even updated its public guidance to reflect that private sale background checks were neither required nor available.
That position changed recently. Federal firearms licensees across Virginia received notices indicating that the State Police would once again process background checks for private sales, despite the active court injunction. At the same time, the Attorney General’s office, now led by Jay Jones, who fantasized about killing the children of a Republican revival, sent a formal letter to VCDL and GOA confirming that the VSP would resume enforcement of the law.
This development represents a direct challenge to judicial authority. The VSP’s new stance appears to defy the permanent injunction issued by the Lynchburg Circuit Court. Under the fundamental principle of the separation of powers, neither the executive branch nor the legislature has the authority to override a final court ruling. Yet that is precisely what seems to be occurring here.
Critics, including gun rights advocates, point out that the Attorney General’s office provided no clear legal justification for disregarding the court order. Jones, who faced significant controversy during his campaign over past text messages in which he fantasized about violence against Republican figures and their families, now finds himself at the center of this constitutional confrontation.
The situation is poised to trigger further legal action. VCDL and GOA are expected to return to court to enforce the existing injunction and seek remedies for what they view as open defiance of the judiciary.
This case raises profound questions about the rule of law in Virginia. If state agencies can selectively ignore court orders they dislike, it undermines the entire judicial system and sets a dangerous precedent that could affect rights far beyond the Second Amendment.
For Virginia gun owners, the implications are immediate and practical. Private sales—such as those between family members, friends, or at gun shows—had become simpler and more private following the 2025 ruling. The attempted revival of mandatory checks through FFLs adds cost, inconvenience, and delay. Many law-abiding citizens worry that this creates unnecessary hurdles for exercising their constitutional rights while doing little to address actual criminal activity, since prohibited persons already bypass legal channels.
This episode highlights the ongoing tension in Virginia between expanding gun control measures and constitutional protections. Advocates for the right to keep and bear arms argue that the state’s actions reflect a broader pattern of incremental restrictions that erode longstanding traditions of private firearm transfers. They emphasize that the Virginia Constitution contains strong protections for this right, independent of federal interpretations.
As the legal battle unfolds, all eyes remain on the courts. The outcome could determine not only the future of background checks in Virginia but also the balance of power among the state’s branches of government. Gun rights organizations like VCDL and GOA have vowed to continue fighting to preserve the court’s original injunction and protect the freedoms of Virginia’s law-abiding residents.
This conflict serves as a reminder of the importance of an independent judiciary in safeguarding individual liberties against overreach by other branches of government. Virginians on all sides of the issue will be watching closely to see whether the rule of law prevails or yields to political pressure.
Virginia Officials Rebel: Sheriffs and Prosecutors Refuse to Enforce New Gun Ban
About John Crump
Mr. Crump is an NRA instructor and a constitutional activist. John has written about firearms, interviewed people from all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons, follow him on X at @right2bear, or at www.crumpy.com.
