The Justice Department’s chief prosecutor has addressed concerns from Virginia residents and former officials from the Trump administration regarding the slow pace of background checks, particularly after a judge temporarily blocked a significant “assault weapons” ban intended to begin Wednesday.
This uproar is occurring as Richmond joins other Democratic-led cities aiming to tighten restrictions surrounding Second Amendment activities. Recent Supreme Court rulings concerning gun laws in New York and Washington, D.C., signify notable wins for conservatives challenging similar laws.
Amid the ongoing legal disputes in Virginia, state police have faced criticism for allegedly delaying background checks, which some see as a way to sidestep enforcement of the law during the litigation process. Assistant Attorney General for Civil Rights Harmeet Dhillon spoke out, asserting that her office is concerned about various incidents linked to what she described as a national issue of gun ownership.
The Gun Owners of America group, consisting of citizens in Virginia attempting to buy firearms from a dealer in Kilmarnock, has also filed a lawsuit against a new Richmond law, which they claim imposes unlawful penalties on the sale and purchase of assault weapons. Critics argue this contradicts the Second Amendment.
In the lead-up to the July 1st ban, gun sales surged after the Virginia government, led by Gov. Abigail Spanberger, enacted the legislation.
The inclusion of the Kilmarnock gun store in the lawsuit adds legal credibility from a Republican-leaning region in Virginia’s Northern Neck, where a judge has paused the law’s enforcement until December 31.
Following the ruling, FTC Commissioner Andrew Ferguson noted delays in background checks he encountered during a visit to a local gun store, all at once. The Virginia State Police are responsible for handling these checks.
Col. Jeffrey Katz, a Spanberger appointee and top officer at the VSP, is named as a defendant in the Lancaster case. Ferguson described the situation as a serious infringement on rights, labeling it outrageous and accusing the police of siding with radical efforts to disarm Americans.
In response to the allegations, the VSP suggested that the delays are not intentional and indicated a significant uptick in application volume over the past month. The State Police Ombudsman, Matthew Demline, claimed they processed over 100,000 transactions in June alone, managing more than 5,000 transactions daily.
Philip Van Cleve, who represents the Virginia Civil Defense League and is co-plaintiff in the case, expressed skepticism about the VSP intentionally delaying checks. He stated he wasn’t trying to be unfair but noted the agency might not be equipped to handle the current volume created by recent legislation.
Moreover, a critic pointed out a section of Virginia law that allows firearm transfers even if background checks are delayed. If sellers meet specific criteria and police do not respond within five business days, they can legally complete sales without any violation.
A spokesperson for Gov. Spanberger emphasized that many Virginians support stricter background checks, citing that polls show over 80% approval, including a majority of gun owners. Spanberger remains committed to taking reasonable steps to safeguard communities from gun violence.
Fox News Digital is seeking updates from the Department of Justice on how they plan to address Ferguson’s claims and others raised.
Judge Martin’s ruling indicated that the reasoning behind the ban’s criteria was flawed, especially since handguns, which could align with military standards, were excluded from the ban.
This legislation was initially introduced by Rep. Dan Helmer and Sen. Saddam Salim, both Democrats from Fairfax.
Van Cleve had previously referenced a commission established by former Democratic Gov. Tim Kaine after the Virginia Tech shooting, which concluded that such firearm restrictions would not have significantly impacted the event’s outcome.
Attorney General Jay Jones defended the state’s actions, stating that gun violence plays a substantial role in crime rates within both Virginia and the nation. He maintained that the ban on assault weapons is necessary to minimize damage in violent incidents.
During the 2025 campaign, text messages surfaced indicating Jones’s intentions towards a former Republican speaker of the Virginia House, prompting further scrutiny.
Jones reiterated his belief that the ban will save lives and is compatible with the Virginia Constitution, emphasizing his commitment to public safety.
When signing the law into effect in May, Spanberger expressed disappointment that Congress did not adopt her proposed changes that would have exempted common hunting firearms.
Spanberger remarked on her intentions to clarify the law with legislators Salim and Helmer to ease concerns from hunters.
Fox News Digital has reached out to the Republican minority in Virginia for further comments. The House of Representatives is expected to convene later Monday, possibly discussing these developments.
