(The Center Square) – A legal fight over Virginia’s firearm background check law is heading back to court after gun-rights groups accused state officials of violating a court order by restarting background checks for private firearm sales.
A hearing was scheduled for 1:30 p.m. in Lynchburg Circuit Court in a case involving the Virginia Citizens Defense League, Gun Owners of America and Virginia State Police Superintendent Col. Jeffrey Katz.
The dispute centers on whether Virginia can restart private-sale background checks after a Lynchburg judge blocked the earlier law in 2025.
Judge F. Patrick Yeatts ruled in October that Virginia’s previous universal background check law was unconstitutional as applied to adults ages 18-20 and struck the law in its entirety, blocking enforcement statewide.
Lawmakers later passed House Bill 1525, which restored background checks for private firearm sales and made it a Class 1 misdemeanor for adults under 21 to purchase a handgun or assault firearm. Gov. Abigail Spanberger signed the bill April 22 under an emergency clause that listed the law as taking effect immediately.
Gun-rights groups say the emergency clause is unconstitutional because it did not receive the four-fifths vote required under the Virginia Constitution for emergency enactment. Legislative records show the governor’s recommendation adding the emergency clause passed the Senate 21-18 and the House of Delegates 63-36.
Virginia State Police resumed private-sale background checks after the agency said it had been advised by the Attorney General’s Office that HB1525 superseded the earlier Lynchburg court injunction.
“While preparing for the implementation of this legislation, VSP sought guidance from the Office of the Attorney General to reconcile HB1525 with an existing injunction issued by the Circuit Court for the City of Lynchburg,” Robin Lawson, speaking for Virginia State Police, said in a statement. “The Virginia State Police has been advised that the new law supersedes the prior court order. As a result, background checks for private firearm sales are once again available.”
Gun Owners of America and the Virginia Citizens Defense League say the injunction remains in effect unless the court formally dissolves it.
In a filing submitted to Lynchburg Circuit Court, the groups argued state officials resumed background checks “in deliberate and willful violation” of the court’s final order.
VCDL President Philip Van Cleave said the group believes the injunction should remain in place and argued the dispute raises broader constitutional concerns about separation of powers between the branches of government.
“Having the executive and legislative branches trying to nullify an injunction set in place by the judicial branch violates the constitution,” Van Cleave said in a statement to The Center Square.
The groups also warned in a Tuesday open letter that law enforcement officers could lose qualified immunity protections if they enforce a law plaintiffs say remains blocked by the court.
The attorney general’s office previously filed a motion asking the court to dissolve the injunction, arguing the newly enacted law created a different legal framework than the statute struck down in 2025.
The hearing is expected to focus on whether the injunction remains enforceable and whether Virginia can continue requiring background checks for private firearm sales while the case proceeds.
