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Virginia Pulls Plug On Private Gun Sale Background Checks Following Court Injunction

The Virginia Department of State Police abruptly halted all private sale firearms background checks on Wednesday, announcing they are no longer required or available following a sudden mandate from the Lynchburg Circuit Court.

The decision stems from an injunction and final order issued June 3 in the case of Raul Wilson et al. v. Colonel Jeffrey S. Katz. Under the court’s ruling, the state police are strictly prohibited from administering, enforcing, or helping to run the background checks previously required under Virginia Code Section 18.2-308.2:5.

State police confirmed the immediate operational shift in an official notice published the same day as the hearing. “The Order prohibits the VSP from running, or assisting in the running of, private sale background checks,” the agency stated. “Accordingly, VSP currently cannot provide criminal history background checks for the private sale of firearms.”

Handgun and Ammo (Source: Unsplash)
Handgun and Ammo (Source: Unsplash)

The legal challenge was brought against the state by individual citizens alongside gun rights advocacy groups, including the Virginia Citizens Defense League, Gun Owners of America, Inc., and the Gun Owners Foundation.

Alongside the halt of the private sale program, state authorities issued a separate warning to gun buyers regarding tightening federal restrictions on domestic violence convictions. State police noted that a 2014 U.S. Supreme Court ruling, U.S. v. Castleman, effectively overrode previous local appeals court protections for certain Virginia domestic assault offenders.

Because federal law bars anyone convicted of a misdemeanor crime of domestic violence from owning a gun, and state background checks must enforce both state and federal rules, Virginia State Police warned residents that prior clearance is no longer a guarantee of future eligibility.

“Based on this ruling, a previous firearms purchase approval does not ensure continued approval,” the state police notice read.

READ: Florida State Officials Concede ‘Waiting Period’ Gun Law Is Unconstitutional In NRA Lawsuit

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