Virgina: GOA Win's One For "The Good Guys"

On October 16, Gun Owners of America (GOA) announced that it, along with the Gun Owners Foundation (GOF) and Virginia Citizens Defense League (VCDL), had secured a permanent injunction against the commonwealth’s law mandating so-called “universal” background checks.

“The statute as it stands, cannot remain intact,” the injunction filing stated. “If the legislature wishes to rewrite the law to create a system that does not impose disparate treatment based on age, it may do so. At that time, a court might rightly address the question of whether it is constitutional to require a background check to obtain a handgun through a private sale. Now is not that time.”

The ruling made clear, however, that it wasn’t ruling on the constitutionality of lack thereof of background checks themselves.

“Let it be clear, the Court today is not holding that background checks are unconstitutional,” the ruling concluded. “That is a question for another day, perhaps another court. Today, the Court holds that the manner in which Virginia Code Section 18.2-308.2:5 is applied cannot pass constitutional scrutiny. If the Court were to merely hold the Act unconstitutional as-applied and simply sever those 18 to 20 years of age, the Court would be ignoring the constitutional deficiencies in the enforcement of the Act. After applying the Ayotte framework, the Court finds that it is left with one option at this time—that is, to strike the statute in its entirety for the reasons set forth herein.

The long-running lawsuit was filed way back in 2020, proving once again that finding justice can be a very slow process. But the win also proves that dogged tenacity in pursuing right is often rewarded handsomely.