The Virginia Department of State Police has ceased all background checks for private firearm sales, following a directive from the Lynchburg Circuit Court. This decision comes after a court injunction issued on June 3, in the case of Raul Wilson et al. v. Colonel Jeffrey S. Katz, which prohibits the state police from administering or assisting with these checks.

Legal Challenge and Court Ruling

The legal challenge was brought by individual citizens and gun rights advocacy groups, including the Virginia Citizens Defense League, Gun Owners of America, Inc., and the Gun Owners Foundation. The court’s ruling effectively halts the enforcement of Virginia Code Section 18.2-308.2:5, which previously required these background checks.

In response to the ruling, the Virginia State Police issued an official notice confirming the immediate cessation of the program. The notice stated, “The Order prohibits the VSP from running, or assisting in the running of, private sale background checks. Accordingly, VSP currently cannot provide criminal history background checks for the private sale of firearms.”

Federal Restrictions and Implications

Alongside the halt of the private sale program, state authorities have warned gun buyers about tightening federal restrictions on domestic violence convictions. A 2014 U.S. Supreme Court ruling, U.S. v. Castleman, has overridden previous local appeals court protections for certain Virginia domestic assault offenders. 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.

The Virginia State Police cautioned residents that prior clearance for firearm purchases does not guarantee future eligibility. “Based on this ruling, a previous firearms purchase approval does not ensure continued approval,” the state police notice read.

Original reporting: Tampa Free Press — read the source article.