A Virginia court had previously declared the state’s universal background check law unconstitutional and issued a permanent injunction last fall. Yet, Virginia State Police resumed enforcement of the policy on May 28, 2026.
The Gun Owners Foundation and the Virginia Citizens Defense League filed a motion with a Richmond court to hold state officials in contempt for ignoring the injunction. They argue that a new statute cannot override a standing court order simply because the legislature enacted it.
Governor Abigail Spanberger signed HB 1525 into law on April 22, 2026, directing Virginia State Police to enforce universal background checks for private gun sales despite the existing injunction and adding an emergency provision. The Circuit Court for the City of Lynchburg had ruled in October 2025 that the universal background check law was unconstitutional.
Attorney General Jay Jones’ office confirmed to the groups that Virginia State Police had resumed conducting background checks under the new statute. A state police spokesperson stated they reinstated private sales background checks after receiving guidance from the attorney general’s office that the new law superseded the injunction.
The motion for contempt alleges that the emergency provision in HB 1525 is invalid because the bill did not achieve the required four-fifths majority to pass as an emergency measure. The legislation passed the Senate 21-18 and the House 63-36, both numbers falling short of the threshold.
Additionally, local prosecutors are resisting enforcement of the new law, with Appomattox County Commonwealth Attorney Leslie M. Fleet being one of eight officials who have refused to prosecute under it.
