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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.

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Virginia: Spanberger Signs Unconstitutional Gun Bills into Law

Thursday, April 23, 2026

Virginia: Spanberger Signs Unconstitutional Gun Bills into Law

Today, April 23rd, Governor Spanberger Signed HB1525 and SB727/HB1524 into law. 

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Tuesday, April 28, 2026

Virginia Bills Spark Gun-Buying Boom, Warning from DOJ

As your NRA-ILA has reported over the last several weeks, the Democrat-controlled Virginia General Assembly and Governor Abigail Spanberger (D) have, between them, approved a sweeping array of radical gun control bills aimed, as NRA’s John Commerford says, ...

Federal Bill Passes Off National Firearm Prohibition Agenda As “Virginia Model”

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Tuesday, April 28, 2026

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Running Out of Targets: New York Bills Go After Air, Pellet and BB Guns

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Monday, April 20, 2026

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Michigan: Crippling Firearm Dealer Licensing Bill Hearing Tomorrow

Monday, April 27, 2026

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On Tuesday April 28, the Senate Judiciary Committee, will be hearing Senate Bills 853 & 854,  creating a burdensome and costly state licensing and training system for firearm dealers in addition to restricting consumer access to ...

Connecticut: Firearms Restrictions Pass Connecticut House Despite Bipartisan Opposition

Saturday, April 25, 2026

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This week, the Connecticut House voted to advance Governor Lamont's H5043 - a proposal banning the future manufacture, sale, and importation of many commonly owned handguns in Connecticut.

Virginia: Spanberger Bill Threatens to Ban Most Centerfire Semi-autos, Devastate Right-to-Carry!

Wednesday, April 15, 2026

Virginia: Spanberger Bill Threatens to Ban Most Centerfire Semi-autos, Devastate Right-to-Carry!

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Wednesday, April 22, 2026

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Today, April 22nd, during the General Assembly's reconvened session, the House and Senate passed by Governor Spanberger's amendments on SB749/HB217 and SB173/HB229. 

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Monday, April 27, 2026

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North Carolina: Legislature Convenes in Raleigh

Tuesday, April 21, 2026

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Today, Tuesday, April 21st, the General Assembly kicked off their yearly legislative session at the capitol in Raleigh.

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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.