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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 Private Sales
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Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

Michigan: Anti-Gun Legislation Passed in the Middle of the Night Heads To Governor’s Desk

Friday, December 20, 2024

Michigan: Anti-Gun Legislation Passed in the Middle of the Night Heads To Governor’s Desk

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Friday, December 13, 2024

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Last week, the anti-gun attorneys general of Minnesota and New Jersey filed nearly simultaneous lawsuits against firearm maker Glock, essentially claiming the company was violating the laws of those states by making guns that are too easy to illegally ...

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Monday, December 16, 2024

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The Crime Prevention Research Center (CPRC) has released the latest in its series of annual reports on trends in concealed carry permits in America.

Michigan: Final Push to Limit Gun Rights as Session Clock Runs Down

Wednesday, December 18, 2024

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With only a few days left in the session, anti-gun legislators are doing everything they can to pass additional legislation restricting the Second Amendment rights of Michigan citizens. The legislation below could be taken up ...

Gun Control Activists Cite “Loopholes” in CEO’s Murder, Ignore Facts and Law

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Monday, December 16, 2024

Gun Control Activists Cite “Loopholes” in CEO’s Murder, Ignore Facts and Law

Predictably, gun control activists are citing the cold-blooded Manhattan murder of health insurance executive Brian Thompson to call for more gun control, particularly in the hot-button areas of “ghost guns” and “3D printed firearms.” 

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Wednesday, December 18, 2024

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Monday, December 16, 2024

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Canada Announces New Gun Bans, More Gun Control on the Horizon

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Monday, December 9, 2024

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On December 5, at a late afternoon press conference in Ottawa, Canada’s federal Public Safety Minister Dominic LeBlanc announced that 324 additional makes and variants of rifles would be added to the 2020 list of ...

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Saturday, November 9, 2024

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Today, the U.S. District Court for the Southern District of Illinois struck down provisions of the Protect Illinois Communities Act (PICA) that prohibit “assault weapons” and “large-capacity magazines” in an NRA-supported case, Barnett v. Raoul.

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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.