Virginia legislators will meet next Wednesday to decide whether or not to accept amendments that Gov. Abigail Spanberger has proposed for dozens of bills, including several pieces of legislation aimed at restricting our right to keep and bear arms. We’ve already discussed how one of those amendments would dramatically expand the definition of “assault firearm” to include any firearm equipped with a magazine that can hold more than 15 rounds, but the Citizens Committee for the Right to Keep and Bear Arms has found another problem lurking within Spanberger’s proposed revision to another gun control bill.
HB 1525 is a weird one to begin with. It bans the possession of handguns and “assault firearms” for anyone under 18, with a few carveouts for possession on the property of the person’s parent, grandparent, or legal guardian (along with receiving their permission); at a “lawful shooting range” so long as an adult is present; while hunting (again, accompanied by an adult); or participating in ROTC cadet training or ceremonies.
The other aspect of the bill, makes it unlawful “for any person younger than 21 years of age to knowingly and intentionally purchase a handgun or assault firearm anywhere in the Commonwealth.”
If Banberger signs the “assault firearm” bill into law, it’s going to be unlawful for any person over the age of 21 to purchase an AR-15 or other prohibited firearm too. And under current federal law, the minimum age to purchase a handgun through an FFL is already 21. So what’s the issue?
Well, last fall a Virginia circuit court judge ruled that the state’s universal background check scheme was unconstitutional, in part because it exempted 18-to-20-year-olds in some circumstances.
Back in 2020, Democrats adopted the universal background check scheme, which prevented adults under-21 from purchasing handguns through a private sale even though it is allowed (or was) under Virginia law. Even though it was legal for them to purchase a pistol from a private citizen, when the purchase was run through NICS the buyer would be denied because of their age.
The state came up with a workaround: The Virginia State Police would be at gun shows and would perform the necessary background checks for adults under the age of 21, using a separate state background check system and bypassing NICS.
Judge F. Patrick Yeatts concluded that workaround fails to pass muster because it doesn’t treat every gun buyer equally, and struck down the entire statute. Since his decision, the background check requirement for private sales has not been enforced. Which brings us back to HB 1525.
In the governor’s news release regarding this measure, her office states that Spanberger’s amendments to HB 1525 “direct Virginia State Police to resume background checks on private sales of firearms, as well as make these bills consistent with the House Bill 217 and Senate Bill 749.”
“Governor Spanberger has already been warned by the U.S. Department of Justice against enacting legislation which would infringe on the Second Amendment rights of citizens,” [CCRKBA Chairman Alan] Gottlieb noted. “Young adults in the 18-to-20-year age group are citizens who have reached the legal age of majority. They can vote, run for office, enlist in the military, start businesses, sign contracts, get married and start families, so pressing an amended version of legislation already passed by Virginia lawmakers by raising the minimum age to purchase certain firearms—and declaring it an emergency—is definitely not only the wrong approach, but blatant age discrimination.
As Gottlieb mentioned, Spanberger’s proposed revision also includes an “emergency” declaration that would allow the law to take place immediately instead of on July 1. In order for her to get that approved, though, 4/5ths of the members in each chamber would have to sign off, and that’s definitely not going to happen in the state Senate, where Democrats have a narrow majority.
That means that when HB 1525 is kicked back to her without the legislature adopting her amendments, she can either sign the bill as is, allow it to take effect without her signature, or veto it. I can’t see the governor vetoing any gun control bill, so HB 1525 is most likely going to take effect on July 1, subject to a legal challenge on the prohibition of possession and private sales of handguns to adults under the age of 21.
The Fourth Circuit Court of Appeals has already upheld the federal ban on FFL’s selling handguns to adults younger than 21, but the Supreme Court has been keeping ahold of five different cases dealing with the issue of possession, sales, or carry bans for young adults for several months now. It’s likely the Court will grant, vacate, and remand these cases back to the lower courts after the justices issue their decisions in Wolford v. Lopez and U.S. v. Hemani in the coming weeks. The issue will still be ripe when and if HB 1525 takes effect, and Virginia gun owners (or would-be gun owners, anyway) will have the opportunity to undo this new prohibition through the courts.
Editor’s Note: The radical left will stop at nothing to enact their radical gun control agenda and strip us of our Second Amendment rights.
Help us continue to report on and expose the Democrats’ gun control policies and schemes. Join Bearing Arms VIP and use promo code FIGHT to get 60% off your VIP membership.
Read the full article here
