Virginia Ends Universal Background Checks for Private Gun Sales — Most Residents Never Told
A major shift in Virginia firearm law is now in effect, but many residents across Roanoke, Vinton, Salem, Botetourt, and Franklin County have no idea it happened. A recent court ruling struck down the Commonwealth’s universal background check law for private gun sales — and the change went almost entirely unpublicized.
What the Law Used to Require
Virginia previously enforced a universal background check law (Virginia Code § 18.2-308.2:5) that required:
- All private firearm sales or transfers
- To be completed through a federally licensed dealer (FFL)
- With a mandatory background check
Only a few exemptions existed, such as transfers between immediate family members.
For years, private sellers — even neighbors meeting in a parking lot — were required to use an FFL to complete the paperwork.
The Court Ruling That Changed Everything
In October 2025, a Virginia circuit court judge ruled the universal background check law unconstitutional in Wilson, et al. v. Colonel Matthew D. Hanley.
The judge issued a permanent statewide injunction, meaning the law cannot be enforced unless overturned or replaced by new legislation.
Following the ruling, the Virginia State Police announced they will no longer perform background checks for private sales, because:
- The law authorizing the checks has been blocked
- No legal process exists to complete them
As of November 2025, private person-to-person gun sales in Virginia no longer require background checks.
A Major Legal Change That Few Virginians Heard About
Despite its importance, this ruling was barely covered in statewide news. For a change affecting a constitutional right and common everyday transactions, the silence has been striking.
Many residents still believe the universal background check law is in place, and some continue using FFLs unnecessarily because they were never informed of the change.
Why the Lack of Publicity Feels Unfair
The quiet rollout has led to concerns about transparency and fairness:
1. Citizens can’t follow laws they aren’t told about.
When a statewide law is struck down, the public expects clear, timely communication. That didn’t happen — even though this ruling directly affects thousands of private sellers and buyers.
2. People may be spending money or taking steps they no longer need to take.
Some buyers and sellers may still be paying FFL fees, assuming the law is active.
3. It creates a knowledge gap between insiders and everyday citizens.
Legal insiders, lawmakers, and advocacy groups knew about the ruling quickly. Many ordinary Virginians still have no idea anything changed.
4. Neither side of the political aisle announced it loudly.
Gun control groups didn’t want focus on the loss of a major policy win.
Gun rights groups likely avoided drawing attention to prevent political backlash.
The result: the public was left out of the loop.
5. A lack of transparency erodes trust.
Regardless of a person’s stance on gun laws, most agree that citizens deserve clear access to accurate information about their rights and responsibilities.
Important Reminder: Selling to Prohibited Persons Is Still Illegal
Even without the universal background check law, state and federal laws still prohibit selling a firearm to someone you know — or reasonably suspect — is barred from owning one.
Prohibited categories include:
- Felons
- Domestic violence offenders
- Individuals with certain protective orders
- Those adjudicated mentally incompetent
- Illegal drug users
Knowingly violating these rules can lead to felony charges.
Will Lawmakers Try to Reinstate a New Version?
Yes. Several groups are already advocating for:
- Revised background check legislation
- Waiting periods
- Broader definitions of “transfer”
- Stricter penalties
But for now, the injunction stands — and private sales do not require a background check.
Bottom Line for Virginia Gun Owners
As of November 2025:
- Private firearm sales do NOT require background checks
- State Police will NOT perform checks
- Selling to a prohibited person is still illegal
- New legislation may return in 2026
Why Vinton Voice Is Covering This
Many residents told us they never heard about this ruling. A change this significant — affecting legal rights, public safety, and everyday transactions — deserves clear, accessible information.
Vinton Voice will continue to monitor this issue and keep our community informed as lawmakers respond and legislation evolves.