A Virginia court has declared the state’s universal background check law unconstitutional and issued a permanent injunction last fall. Despite this legal ruling, Virginia State Police resumed enforcement of the law in early 2026.

Gun Owners Foundation and the Virginia Citizens Defense League filed a motion for rule to show cause on May 28, 2026, seeking contempt proceedings against state officials. Their argument centers on the state’s attempt to override an existing court order by enacting new legislation. The groups contend that a newly signed statute cannot nullify a standing permanent injunction simply because the legislature chose to pass it.

Governor Abigail Spanberger signed HB 1525 into law on April 22, 2026, after amendments directed Virginia State Police to enforce the universal background check law despite the circuit court’s October 2025 ruling. Attorney General Jay Jones’ office confirmed that State Police had restarted private sale background checks under the new statute. A State Police spokesperson stated enforcement was reinstated following guidance from the attorney general’s office that HB 1525 superseded the injunction.

The legal dispute hinges on whether Virginia officials can treat a newly enacted law as authorization to ignore a court order. The motion argues that state authorities cannot enforce Section 18.2-308.2:5 of the statute while under a permanent injunction, and it challenges the emergency effective date of HB 1525 because the bill failed to secure the required four-fifths majority for an emergency clause.

The gun-rights groups emphasize that if state officials could circumvent court orders through legislative action, judicial rulings would become mere suggestions whenever political branches disagree with their outcomes. The motion demands officials explain why they should not be held in contempt for violating the injunction.

Virginia’s vote counts for HB 1525—21-18 in the Senate and 63-36 in the House—fall significantly short of the four-fifths majority threshold required for a valid emergency provision, as noted by Virginia Citizens Defense League President Phillip Van Cleave.

The contempt proceedings represent only part of the broader conflict. Van Cleave reports that local prosecutors across the state are increasingly refusing to enforce new gun restrictions. In Appomattox County, Commonwealth Attorney Leslie M. Fleet has declined to prosecute under the law eight times. This resistance undermines the state’s mandate, as local officials are critical to implementing legislation on the ground.

Virginia Democrats’ recent legislative reversal now faces dual challenges: a court that declared their policy unconstitutional and a growing list of prosecutors unwilling to uphold the new restrictions.