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GOA Alleges VA State Police Running Illegal Background Checks

Reptile

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On Tuesday, we reported on a new lawsuit filed in Virginia that takes on the state’s new universal background check law, which is scheduled to take effect on July 1st. The lawsuit is being brought by the Virginia Citizens Defense League and Gun Owners of America, along with several individual plaintiffs, and seeks an injunction blocking the law from going into effect on July 1st. Already in Virginia private transfers conducted at gun shows in the state can go through background checks if private sellers volunteer to do so, but contained within the new lawsuit is some stunning information about the legality of that process.

Back in 2015, Virginia Attorney General Mark Herring decided that he was going to unilaterally end concealed carry recognition with dozens of states, which caused a major backlash from gun owners in Virginia and neighboring states. Governor Terry McAuliffe, always eager to appear to be moderate, crafted an agreement with the (at the time) Republican controlled legislature. In exchange for what amounts to universal recognition of other states’ concealed carry licenses, the legislature signed off on the voluntary background checks at Virginia gun shows. SB 715 sailed through the legislature, and while few checks have been conducted in the years since, it’s been an option for those who want to use it.

As outlined in the lawsuit, and in a new column by GOA’s Erich Pratt, the Virginia State Police apparently never had the legal authority to run those voluntary checks.

 
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