Second Amendment Groups Win Major Court Victory Against Virginia’s Background Check Push

Second Amendment advocates scored a major legal win in Virginia this week after a state judge reaffirmed that a permanent injunction blocking the commonwealth’s so-called “universal background check” law remains in force.

The decision came just days after pro-gun rights organizations moved to hold state officials in contempt, arguing that Virginia authorities had begun enforcing a measure that had already been blocked by the court.

Democratic Virginia Gov. Abigail Spanberger signed HB 1525 into law on April 22 after the General Assembly accepted her amendments. Those amendments included an emergency provision directing the Virginia State Police to enforce the law despite a permanent injunction issued in October 2025.

Virginia Citizens Defense League President Philip Van Cleave announced the update Wednesday after the organization pushed for a contempt citation.

“Major breaking news! VCDL, GOA, the Constitution, and Virginia gun-owners had a huge victory in court today!” Van Cleave posted. “A judge has kept the permanent injunction against Universal Background Checks in place! R.I.P. Universal Background Checks!”

Van Cleave later said the judge declined to hold Virginia officials in contempt, but the court’s refusal to lift or ignore the injunction was still a significant victory for gun owners and constitutional rights advocates.

At the center of the dispute was whether state officials could revive enforcement of the background check regime by passing a new law, even though the court had already entered a permanent injunction against the previous statute.

“The General Assembly, the Governor, Defendant and now the Attorney General all believe they are free to enforce Section 18.2-308.2:5 irrespective of this Court’s permanent injunction, simply because they passed a new law saying they could,” the May 28 motion filed by VCDL said. “Beyond the immediate and irreparable harm to countless Virginians caused by these actions, the Commonwealth ceases to have a functional system of government if Defendant and those directing him from above are permitted to simply ignore a court’s clear directive.”

The filing also challenged the emergency provision attached to HB 1525, arguing that the measure did not receive the level of legislative support required to take immediate effect.

“Even if HB1525 somehow ‘overruled by statute’ this Court’s injunction in a self-executing manner (it did not), the purported emergency effective date is a nullity because the enacted bill was not passed by a four-fifths majority in the General Assembly,” the motion added.

According to the Virginia Legislature’s website, Spanberger’s amended version passed the state Senate by a 21-18 vote and cleared the House of Delegates by a 63-36 vote. Those margins fell well short of the 80 percent threshold required for emergency legislation to take effect immediately.

For gun rights supporters, the ruling represents more than a procedural setback for Richmond Democrats. It is another reminder that constitutional rights cannot be brushed aside by legislative maneuvering or executive pressure.

Groups such as VCDL and Gun Owners of America have long argued that universal background check laws burden law-abiding citizens while doing little to stop criminals who already ignore firearm laws. This latest court action keeps the injunction in place and blocks Virginia officials from treating the Second Amendment as optional.

Spanberger did not immediately respond to a request for comment from the Daily Caller News Foundation.