A Virginia court recently declared the state’s universal background check law unconstitutional and issued a permanent injunction last fall. Despite this ruling, Virginia State Police resumed enforcing the law on private gun sales.

Gun Owners Foundation and the Virginia Citizens Defense League filed a motion for contempt with the Lynchburg Circuit Court on May 28, 2026, arguing that Governor Abigail Spanberger’s enforcement of universal background checks under legislation HB 1525 violates an existing court order. The groups contend that a new statute cannot override a standing injunction simply because the legislature enacted it.

The motion asserts that Virginia officials—including the General Assembly, governor, attorney general, and State Police—cannot enforce Section 18.2-308.2:5 while under a permanent injunction. It further argues that HB 1525’s emergency effective date is invalid because the bill failed to secure the required four-fifths majority for an emergency provision. The filing demands officials explain why they should not be held in contempt for disregarding the court order.

Attorney General Jay Jones’ office confirmed Virginia State Police resumed background checks under the new statute, citing a directive from the attorney general’s office that HB 1525 superseded the injunction. However, gun rights advocates emphasize that state officials cannot bypass judicial rulings through legislation alone.

The motion highlights growing resistance at the local level: Commonwealth Attorney Leslie M. Fleet in Appomattox County has refused to enforce Virginia’s new gun restrictions eight times, joining other prosecutors who are increasingly unwilling to prosecute under the law. With state mandates dependent on local enforcement, this trend undermines the policy’s effectiveness.

Virginia Democrats’ attempt to reinstate background checks after a court declared the law unconstitutional now faces legal challenges over procedural compliance and practical implementation.