The state of Virginia seems to ping-pong between being a pro-gun state and an anti-gun one. It's a swing state, to be sure, and whoever holds the reins of power also seems to try to change the state's gun laws.
But the anti-gun faction just got smacked down by the 24th State Circuit Court on Thursday.
Universal background checks have long been one of the big asks from anti-gun groups and politicians. Whether they don't understand that criminals aren't trying to follow the law in buying guns or they simply don't care, it doesn't matter, as these measures impact law-abiding folks, and the criminals keep on being criminals. Nothing changes except to create a paper trail for every lawfully purchased firearm in the state.
And Virginia passed it.
However, the court ruled on Thursday that while they might have passed it, it doesn't pass constitutional muster.
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The court noted that in Virginia, adults under the age of 21 are allowed to lawfully own handguns. However, federal law prohibits licensed gun dealers from selling handguns to adults under 21. Universal background checks create a barrier for these lawful adults to buy a gun. It would require someone to buy it for them and give it as a gift, which some would rather not do because of the definition of a straw purchase. While it likely wouldn't apply in such a case, I get the worry.
Another thing the judge brought up in his injunction is the case of NYSRPA v. Bruen, though the judge specifically said he didn't use that particular lens of evaluating the history, text, and tradition involved here. That's interesting, in part because it would sure look like a slam-dunk reason to kill the regulation.
Regardless, the court made a solid decision, and gun rights advocates are thrilled.
Erich Pratt, Gun Owners of America’s senior vice president, said in a statement, "This victory is fantastic news. Universal background checks are a massive infringement on the rights of law-abiding citizens—and they do nothing to stop criminals from getting guns. This victory will no doubt play a major role in next month’s election."
Gun Owners Foundation executive vice president John Velleco expressed a similar sentiment. “For five years, Gun Owners Foundation fought for Virginians’ right to purchase firearms without infringement. Let this victory be a lesson to any Virginia legislator who might consider violating the Second Amendment,” he said.
Now, this needs to happen in the District of Columbia and the 18 other states with this bat-guano insane law in place.
Of course, many of those states have other problems that make it unlikely to happen, which is why the Supreme Court will, in time, need to address this, especially since so many courts don't seem to understand history, texts, or traditions all that well. If they did, assault weapon bans would already be a thing of the past.
Still, it's a big win for the people of Virginia, who have had to endure gun-law whiplash as the political climate there swings back and forth like a windsock.
