Gun rights organizations have filed a legal motion seeking to hold Virginia State Police in contempt for reinstating universal background checks on private firearm sales, claiming the move violates an existing court injunction.
The Virginia Citizens Defense League, Gun Owners of America, Gun Owners Foundation, and two Virginia residents filed the show cause motion on Thursday in Lynchburg Circuit Court. The filing came one day after state police announced they would resume requiring background checks for private gun transactions.
The dispute centers on a permanent injunction issued in October by Lynchburg Circuit Court Judge Patrick Yeatts, who struck down a 2020 Virginia law mandating background checks for sales between private, non-licensed individuals. The judge ruled the law unconstitutional as it effectively barred individuals aged 18 to 20 from purchasing handguns, since the National Instant Criminal Background Check System automatically denies handgun transfers to anyone under 21.
Judge Yeatts determined the discriminatory provision could not be separated from the rest of the law without creating an unfair situation where only those 21 and older would face background check requirements. Consequently, he invalidated the entire statute.
Virginia State Police resumed the background check requirement after Governor Abigail Spanberger signed new legislation in 2026 with an emergency clause designed to override the court’s injunction. The state police sought guidance from the Attorney General’s office before implementing the new measure.
According to Virginia State Police spokesperson Robin Lawson, the department was advised that the new legislation supersedes the previous court order, allowing background checks for private firearm sales to resume.
The plaintiffs strongly dispute this interpretation, arguing that only the court that issued the original injunction has the authority to dissolve it. They contend the state cannot simply pass a new law to circumvent a standing court order.
“The General Assembly, the governor, defendant and now the attorney general all believe they are free to enforce Section 18.2-308.2:5 irrespective of this court’s permanent injunction, simply because they passed a new law saying they could,” the plaintiffs stated in their motion.
The organizations also challenged the validity of the emergency clause, noting it requires a four-fifths legislative majority to take effect. The Democratic-controlled General Assembly passed the measure along party lines.
Attorney General Jay Jones indicated his office has filed a motion to dissolve the injunction in Lynchburg Circuit Court and will continue representing the Virginia State Police as the case proceeds.
Delegate Garrett McGuire, the Democrat who sponsored the 2026 legislation, defended the background check requirement as a common-sense safety measure. McGuire, who was a classmate of Seung-Hui Cho, perpetrator of the 2007 Virginia Tech shooting that killed 32 people, emphasized the importance of keeping firearms away from criminals.
McGuire referenced a shooting incident at Old Dominion University involving a convicted criminal who obtained a firearm during the period when background checks were suspended, arguing this demonstrated the danger of leaving the law unenforced.
The background check resumption occurred nearly a month after Governor Spanberger signed the legislation. During the 2026 legislative session, Democrats passed multiple gun control measures, including restrictions on high-capacity semiautomatic firearms, regulations on ghost guns, and requirements for secure firearm storage in homes with minors.
Philip Van Cleave, president of the Virginia Citizens Defense League, condemned the state police action, stating that violating a court order cannot be permitted to stand.
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