Virginia Judge Upholds Injunction Against Universal Background Checks
A judge in Virginia reaffirmed an injunction on Wednesday that blocks the state’s “universal background checks” law. This decision follows claims from Second Amendment advocates that state officials were disregarding legal protocols as the law was set to come into effect.
The legislation, known as HB1525, was signed by Governor Abigail Spanberger on April 22 after an amendment was approved by the General Assembly. This included an emergency clause that aimed to direct the Virginia State Police (VSP) to enforce the laws that the injunction has put on hold. Phillip Van Cleve, president of the Virginia Civil Defense League, gave an update on their request for contempt charges, emphasizing the significance of the ruling.
Van Cleve tweeted, “Important breaking news! VCDL, GOA, the Constitution, and Virginia gun owners won a huge victory in court today. The judge upheld a permanent injunction against universal background checks!” He celebrated the court’s decision, implying that the struggle over background checks was at an end.
However, it was noted that the judge declined to hold Virginia officials in contempt. The involved parties, including the General Assembly and the Attorney General, seemingly believe they can enforce Section 18.2-308.2:5, in defiance of the injunction, as suggested by the VCDL’s motion filed on May 28.
This motion expressed concern about the potential for serious harm to Virginians, stating, “If defendant and those directing him from above are allowed to ignore the clear direction of the courts, the commonwealth will lose a functioning system of government.” Additionally, the motion argues that even if HB 1525 was intended to override the injunction, the emergency effective date is invalid because it did not pass with the required legislative majority.
The Virginia Senate voted 21-18 to approve Spanberger’s amendment, while the House of Representatives voted 63-36 in support. Both votes fell short of the necessary 80% for the emergency measure to take immediate effect.
There has been no immediate comment from Spanberger regarding the matter.
