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.
Click the link to read the whole article: Virginia Defies Court Order
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