Explore The NRA Universe Of Websites

APPEARS IN News

Court Partially Blocks Enforcement of Virginia’s Unconstitutional Private Sales Ban

Monday, July 20, 2020

Court Partially Blocks Enforcement of Virginia’s Unconstitutional Private Sales Ban

On July 14, a judge in Lynchburg, VA, partially blocked enforcement of the Commonwealths new ban on private firearm sales, ruling it effectively prohibits law-abiding adults under age 21 from acquiring handguns, in violation of Virginias constitutional right to keep and bear arms. The decision came in the case of Elhert v. Settle.

“Prior to the [challenged] Act,” the court wrote, “those between the ages of 18 and 21 could purchase a handgun through only a private sale, not from a licensed dealer.” This is because licensed dealers (FFLs) are bound by a federal law that prohibits FFLs from transferring handguns to those under age 21. By channeling all firearms sales through FFLs, Virginias new law categorically bans adults age 18 to 20 from legally acquiring handguns.

While attorneys for the Commonwealth admitted this was the outcome of the law, they insisted it didnt matter, because young adults are not protected by the right to keep and bear arms. The court rejected this claim, noting that the only aged-based restrictions with any longstanding historical pedigree are those pertaining to minors. Meanwhile, the court noted, Virginia law “defines an adult as a person 18 years of age or more.”

The court also determined that completely prohibiting access to an entire class of firearms “is a prohibition, not a mere condition [of sales], infringing on the right to keep and bear arms and greatly reducing [the plaintiffs] means of self-defense. “ It further noted that it was no answer to this infringement that other types of firearms remain available to this age group, pointing out that the U.S. Supreme Court had foreclosed this argument in the 2008 case of District of Columbia v. Heller.

The court, however, declined the plaintiffsrequest to block the entire law from implementation. In doing so, it determined that Virginias constitutional right to arms is equivalent to the Second Amendment of the U.S. Constitution, infringements of which are to be judged by considering the history and tradition of that provision.

Purporting to apply this test, the court pointed out that the U.S. Supreme Court has noted that “prohibitions on the possession of firearms by felons and the mentally ill” and “conditions and qualifications on the commercial sale of arms” are “presumptively lawful.” From this, the Virginia court extrapolated that a background check requirement for sales does not transgress the right, so long as it “is limited to preventing a longstanding prohibition on a historically justified category.”  

The court brushed aside the plaintiffsargument that the new law specifically targets private sales, not commercial transactions. “Even though private sales and commercial sales are different,” it stated, “the Court is at a loss as to how the historical justifications of preventing felons and the mentally disabled from possessing firearms would allow conditions on commercial sales and not also justify conditions on private sales.”

While the courts decision provides some encouragement to Virginians now subject to a jumble of newly-enacted gun control laws, it remains to be seen whether even this incremental relief will survive further proceedings in Virginias appellate courts. We will report on any further developments as they occur.

IN THIS ARTICLE
Virginia Private Sales
TRENDING NOW
North Carolina: Update on Permitless Carry

Monday, November 17, 2025

North Carolina: Update on Permitless Carry

Last week the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

Gun Control Advocates Hope to Create Patchwork of Peril to Suppress Civil Rights

News  

Monday, November 24, 2025

Gun Control Advocates Hope to Create Patchwork of Peril to Suppress Civil Rights

Preemption laws offer legal protection for gun owners, but only when they are enforced.

Argentina Continues to Move Towards Freedom

News  

Monday, November 17, 2025

Argentina Continues to Move Towards Freedom

Here in America, we are blessed with the Second Amendment.  Anti-gun extremists have long tried to eliminate it with the proverbial death by a thousand cuts, chipping away at it with countless laws designed to impose ...

Stemming the Criminal Tide in Chicago—Feds Step Up Enforcement

News  

Monday, November 24, 2025

Stemming the Criminal Tide in Chicago—Feds Step Up Enforcement

In August, the Trump White House released an article titled, Yes, Chicago Has a Crime Problem — Just Ask its Residents, which pointedly noted that for “13 consecutive years, Chicago has had the most murders of ...

Ruger Next Target in Threat-Based Gun Control

News  

Monday, November 17, 2025

Ruger Next Target in Threat-Based Gun Control

The inch was seemingly given, so it is not surprising to see pursuit of the mile.

Florida: Age Discrimination Bill Passes First Committee Hurdle

Wednesday, November 19, 2025

Florida: Age Discrimination Bill Passes First Committee Hurdle

Yesterday, the House Criminal Justice Subcommittee voted 11-5 to favorably report pro-gun House Bill 133, which restores the ability for young adults to lawfully purchase firearms. HB 133 is expected to receive a hearing in the ...

NRA Files Amicus Brief Urging SCOTUS to Invalidate Hawaii Carry Restriction

Monday, November 24, 2025

NRA Files Amicus Brief Urging SCOTUS to Invalidate Hawaii Carry Restriction

Today, the National Rifle Association and the Independence Institute filed an amicus brief in Wolford v. Lopez, a case before the U.S. Supreme Court challenging Hawaii’s law that forbids carrying on private property open to the ...

Giffords Targets Veterans’ Constitutional Rights on Veterans Day

News  

Monday, November 17, 2025

Giffords Targets Veterans’ Constitutional Rights on Veterans Day

While decent Americans spent Veterans Day honoring the sacrifice of those who served the country and took an oath to “support and defend the Constitution of the United States,” the gun control radicals at Giffords ...

Missouri: Governor Signs Proclamation Recognizing Wild Game Meat Donation Month

Thursday, November 20, 2025

Missouri: Governor Signs Proclamation Recognizing Wild Game Meat Donation Month

Recently, Governor Mike Kehoe signed a proclamation designating November of 2025 as Wild Game Meat Donation Month in Missouri.

Pennsylvania: Firearm Registration Bill Passes Committee and is Headed to the House Floor!

Thursday, November 13, 2025

Pennsylvania: Firearm Registration Bill Passes Committee and is Headed to the House Floor!

On Wednesday, November 12th, the House Judiciary Committee passed HB 1891 on a 14 to 12 party-line vote. The bill now advances to the House floor where it will soon be eligible for a vote. ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.