Last October, a judge in the Circuit Court for the City of Richmond ruled in the case Raul Wilson, Wyatt Lowman, Virginia Citizens Defense League, Gun Owners of America, Inc, and Gun Owners Foundation v. Colonel Jeffrey S. Katz and in doing so enjoined enforcement of Va. Code § 18.2-308.2:5. That statute criminalized the private sale of firearms in the Commonwealth, requiring sales between private individuals to be conducted pursuant to government permission in the form of a background check.
The Virginia State Police (VSP) initially complied with the injunction, making clear on their website that background checks on private firearm sales were no longer available or required.
On April 22, Governor Abigail Spanberger signed HB1525 into law. The bill prohibits young adults ages 18-20 from purchasing a handgun or certain types of commonly-owned semi-automatic firearms.
During the legislative process, Spanberger offered a governor’s amendment adding an emergency clause requiring an immediate effective date (as opposed to the normal July 1 date) and a section demanding the VSP enforce the enjoined background check statute. This amendment was adopted.
On May 4, Attorney General Jay Jones filed to dissolve the October injunction.
Despite the injunction having never been dissolved, on May 27, the Virginia Attorney General’s office informed the Virginia Citizens Defense League (VCDL), a party to the lawsuit, that the VSP would resume private sale background checks. Further, the VSP altered its website to declare “Private Sale background checks are now available.”
VCDL responded by filing a motion for contempt of court against the VSP with the Lynchburg Circuit Court. During a hearing on June 3, the court made clear that the injunction against enforcing the private sale statute is still in effect.
Following the hearing, the VSP once again acknowledged on their website that “Private Sale Background Checks No Longer Available / Required.”
A pair of Virginia lawmakers took to X.com to express their disgust at Virginians once again exercising their Constitutional right to keep and bear arms without government permission.
Northern Virginia state Sen. Scott Surovell (D-34) wrote:
Felons & wife beaters across VA rejoice! You can still buy a gun from a private seller for the time being even though we changed the law to specifically fix 1 judge's complaint & you can still get that AR-15 from a private seller
Of course, felons and convicted “wife beaters” are not allowed to possess firearms under state and federal law and face severe consequences for doing so.
Regarding felons, Va. Code § 18.2-308.2 provides,
A. It shall be unlawful for (i) any person who has been convicted of a felony… to knowingly and intentionally possess or transport any firearm
A violation is a Class 6 felony punishable by up to five years imprisonment. If the prior felony occurred within the previous 10 years, there is a mandatory minimum of two years imprisonment. If the prior conviction was for a violent felony, the mandatory minimum is five years imprisonment.
Under federal law, 18 USC § 922(g)(1) and 18 USC § 924(a)(8), a felon in possession of a firearm faces up to 15 years imprisonment.
Regarding those convicted of a misdemeanor crime of domestic violence, Va. Code § 18.2-308.1:8 provides,
A. Any person who knowingly and intentionally purchases, possesses, or transports any firearm following a misdemeanor conviction for an offense that occurred on or after July 1, 2021, for (i) the offense of assault and battery of a family or household member or (ii) an offense substantially similar to clause (i) under the laws of any other state or of the United States is guilty of a Class 1 misdemeanor.
A Class 1 misdemeanor is punishable by up to a year imprisonment.
Under federal law, 18 USC § 922(g)(1) and 18 USC § 924(a)(8), a person convicted of a misdemeanor crime of domestic violence found in possession of a firearm faces up to 15 years imprisonment.
Virginia’s private sale statute only encumbers the law-abiding.
According to the U.S. Department of Justice, 75 percent of criminals in state and federal state prison who had possessed a firearm during their offense acquired the firearm through theft, “Off the street/underground market,” or “from a family member or friend, or as a gift.” Less than one percent got firearms from dealers or non-dealers at gun shows.
The notion that a dangerous criminal intent on misusing a firearm for deadly violence, who is also facing up to 15 years in prison if found with the firearm, would concern themselves with Va. Code § 18.2-308.2:5 (a Class 1 misdemeanor), is absolutely absurd.
In a similar vein, Northern Virginia state Sen. Saddam Azlan Salim (D-37), chief patron of Virginia’s coming semi-auto ban, complained of VCDL, “What they do, is fight to stop universal background checks supported by 86% of Virginians.”
Gun control advocates often claim large majorities of Americans support criminalizing private firearm transfers. But somehow this overwhelming support never materializes where it matters - at the ballot box.
In 2016, private firearm sales restriction ballot measures in Nevada and Maine showed an even split, with the Nevada measure prevailing by less than one percent and the Maine measure going down in defeat.
The New York Times acknowledged the gaping discrepancy between gun controllers’ claims and reality in a 2022 piece titled “Voters Say They Want Gun Control. Their Votes Say Something Different” by Nate Cohn.
The Times explained,
When voters in four Democratic-leaning states got the opportunity to enact expanded gun background checks into law, the overwhelming support suggested by national surveys was nowhere to be found. Instead, the initiative and referendum results in Maine, California, Washington and Nevada were nearly identical to those of the 2016 presidential election, all the way down to the result of individual counties.
Hillary Clinton fared better at the ballot box than expanded background checks in the same states, most on the same day among the same voters.
…
[T]he results suggested that a national referendum on background checks would have lost.
Elections have consequences, but they do not allow the prevailing party simply to ignore the law or to spread misinformation without rebuttal. Virginia’s anti-gun politicians will apparently have to learn both lessons the hard way.
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