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
VA Tells Congressional Panel it “Could Not” and “Would Not” Comply with Pro-gun Legislation

News  

Monday, July 15, 2024

VA Tells Congressional Panel it “Could Not” and “Would Not” Comply with Pro-gun Legislation

Last Wednesday, the Subcommittee on Disability Assistance and Memorial Affairs of the House Veterans Affairs Committee held a legislative hearing on a number of proposed bills that would change various procedures and standards for how the Department ...

NRA Applauds President Trump’s Selection of Senator J.D. Vance as His Running Mate

News  

Second Amendment  

Monday, July 15, 2024

NRA Applauds President Trump’s Selection of Senator J.D. Vance as His Running Mate

Following President Donald J. Trump’s announcement of his selection of U.S. Senator J.D. Vance as his running mate, the National Rifle Association of America (NRA) released the below statements.

New Hampshire: Critical Pro-Gun Privacy Bill Signed Into Law

Friday, July 12, 2024

New Hampshire: Critical Pro-Gun Privacy Bill Signed Into Law

On Friday, July 12th, Governor Chris Sununu (R-New Hampshire) signed HB 1186, "an act relative to firearm purchaser's privacy."

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

Monday, April 1, 2024

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

NRA Members Among the Largest Class Protected from Draconian Rule

NRA’s Political Victory Fund Endorses President Donald J. Trump

News  

Saturday, May 18, 2024

NRA’s Political Victory Fund Endorses President Donald J. Trump

Today, the National Rifle Association's Political Victory Fund (NRA-PVF) is honored to announce its full endorsement of President Donald J. Trump for re-election to a second term as President of the United States of America. ...

New Orleans Tries an End-run around Constitutional Carry

News  

Monday, July 8, 2024

New Orleans Tries an End-run around Constitutional Carry

Louisiana Governor Jeff Landry (R) assumed office on January 8 of this year and wasted no time working to protect the Second Amendment rights of law-abiding Louisianans. 

The UN’s Circle of Life

News  

Monday, July 8, 2024

The UN’s Circle of Life

The United Nation’s Programme of Action to Prevent, Combat, and Eradicate the Illicit Trade in Small Arms and Light Weapons In All Its Aspects (PoA) is now almost 23 years old.

Crime Prevention Research Center: Carry Laws Don’t Increase Gun Theft, Decrease Police Effectiveness

News  

Monday, July 8, 2024

Crime Prevention Research Center: Carry Laws Don’t Increase Gun Theft, Decrease Police Effectiveness

Gun-control groups campaign against right-to-carry laws by claiming that guns carried in public pose a substantial threat to public safety, and that concealed carry permitting laws lead to more violent crime, not less.

Pennsylvania: Gun Control Bills Defeated in the Pennsylvania House

Wednesday, May 8, 2024

Pennsylvania: Gun Control Bills Defeated in the Pennsylvania House

On Tuesday, two gun control measures, House Bill 335 and House Bill 2206, failed by the slimmest of margins in the Pennsylvania House. 

NRA Files Legal Challenge to California’s Excise Tax on Firearm and Ammunition Sales

News  

Tuesday, July 2, 2024

NRA Files Legal Challenge to California’s Excise Tax on Firearm and Ammunition Sales

Today, the National Rifle Association of America (NRA), together with the Second Amendment Foundation, Firearms Policy Coalition, and California Rifle & Pistol Association, filed a lawsuit challenging California’s 11% excise tax on gross ...

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.