Lynchburg judge upholds injunction blocking Virginia's universal background check law
A circuit court judge in Lynchburg, Virginia, on June 3 rejected Democratic Attorney General Jay Jones' bid to lift an injunction that bars the Virginia State Police from enforcing the state's universal background check requirement on private firearms sales. The ruling keeps the law dead in practice, and hands gun-rights groups a second courtroom win in a fight that has now stretched across two legislative sessions.
The decision came after a hearing in the Circuit Court for the City of Lynchburg in the case of Raul Wilson, Wyatt Lowman, Virginia Citizens Defense League, Gun Owners of America, Inc., and Gun Owners Foundation v. Colonel Jeffrey S. Katz, case number CL25000582-01. Gun Owners of America and the Virginia Citizens Defense League brought the original lawsuit that produced the injunction in the fall of 2025.
That earlier order found that Va. Code § 18.2-308.2:5, the statute requiring background checks on private gun transfers, violated Article I, Section 13 of the Virginia State Constitution, the provision protecting the right to keep and bear arms. The state constitution, not the Second Amendment, supplied the legal basis. And the court's conclusion was plain: the checks could not be enforced.
Democrats tried to restart the checks anyway
After Democrats took control of the Virginia legislature in January, they pushed through legislation aimed at resuming enforcement of the background check requirement. The new legislative push set up a direct collision with the existing court order, and, by extension, with the state constitution's arms provision.
On May 27, Virginia State Police announced it would begin conducting background checks on private sales, a move described as a direct challenge to the existing court injunction. The announcement lasted exactly one week. On June 3, the Lynchburg judge shut it down.
The Virginia Department of State Police issued a statement confirming full compliance with the court's order:
"After a hearing in Lynchburg Circuit Court on June 3, 2026, and in compliance with the injunction and final order entered by the Circuit Court for the City of Lynchburg in Raul Wilson, Wyatt Lowman, Virginia Citizens Defense League, Gun Owners of America, Inc, and Gun Owners Foundation v. Colonel Jeffrey S. Katz, CL25000582-01, the Virginia Department of State Police (VSP) is enjoined and prohibited from administering, enforcing, or otherwise imposing upon any person the requirements of Va. Code § 18.2-308.2:5."
That language leaves no room for creative compliance. The state police cannot administer the checks, enforce the checks, or impose the checks on anyone.
A pattern of overreach meets the courts
The sequence of events tells its own story. A court in the fall of 2025 ruled the law unconstitutional under Virginia's own constitution. Democrats won the legislature. They passed new legislation to revive the same policy. The state police moved to enforce it. And the same court said no, again.
Attorney General Jones sought removal of the injunction, but the judge was not persuaded. Jones' stated reasoning for the request was not disclosed in the Virginia State Police statement or in available reporting on the ruling. What is clear is that the legal argument, whatever it was, failed to overcome the constitutional finding already on the books.
Virginia's attorney general has developed a pattern of running into judicial resistance. Jones previously drew scrutiny for dodging questions about misleading ballot language and dismissing a judge as an "activist" when rulings went against his office's preferred outcomes.
The broader dynamic in Virginia courts has been striking. The state's Democratic leadership has faced repeated setbacks when judges examine their handiwork against the state constitution. The Virginia Supreme Court struck down Democrats' redistricting scheme in a 4-3 ruling, and the U.S. Supreme Court later declined to intervene on Democrats' behalf in a related fight.
What the ruling means for Virginia gun owners
For now, private firearms transfers in Virginia do not require a background check administered by the state police. The injunction and final order remain in force. The Virginia Citizens Defense League and Gun Owners of America, the two organizations that initiated the lawsuit, have successfully blocked the law for a second time.
The case also raises a question that Virginia Democrats have not answered: if the state constitution's arms provision bars this particular background check scheme, what legal path remains for reimposing it? A constitutional amendment would require a far higher threshold than ordinary legislation. And the courts have shown little appetite for rubber-stamping Democratic legal strategies in Virginia when constitutional text cuts the other way.
The name of the Lynchburg Circuit Court judge who issued the June 3 ruling has not been publicly identified in reporting on the decision. Nor has the full text of Jones' motion to dissolve the injunction been released. Those details may emerge as the case file becomes more widely available.
What has been released, the Virginia State Police statement, reads like an agency that got the message. The department did not hedge. It did not announce plans to seek further review. It stated, in black and white, that it is prohibited from enforcing the law.
The deepening pattern of legal conflict between Virginia's Democratic leadership and the judiciary now extends well beyond redistricting into fundamental constitutional rights. In each case, the playbook is the same: pass the policy, dare the courts to stop it, and act surprised when judges read the constitution.
The constitutional bottom line
Article I, Section 13 of the Virginia Constitution is not new. It did not change between the fall of 2025 and June 2026. The court found the background check mandate violated that provision, and nothing the legislature or the attorney general did in the intervening months altered the constitutional text.
Democrats controlled the legislature. They controlled the attorney general's office. They had the state police ready to move. And none of it mattered, because a circuit court judge in Lynchburg read the state constitution and held the line.
Virginia's attorney general may prefer to dismiss inconvenient judges, but dismissing a binding court order is a different matter entirely. The injunction stands. The law remains unenforceable. And the right to keep and bear arms under Virginia's constitution is, for now, exactly what the text says it is.
When politicians pass a law the courts have already struck down, the problem isn't the judge, it's the politicians who thought a do-over would change the constitution.

