AMGOA Staff
Pennsylvania


Posts: 1,429

A Lynchburg judge mostly upheld a new state law that went into effect at the beginning of the month expanding background checks for purchasing firearms, but ruled that restrictions on those under 21 from purchasing handguns was unconstitutional.

Lynchburg Circuit Court Judge Patrick Yeatts agreed with much of the commonwealth's arguments that the law, which expands background checks to all gun sales, did not violate the Virginia Constitution. He granted an injunction Tuesday on part of the law, which he said was currently unconstitutional, that narrowed the sale of handguns for people between the ages of 18 to 20.

The Virginia Citizens Defense League, other gun rights groups, and Lynchburg area gun owners argued in the lawsuit that the proposal would restrict the ability of those ages 18 to 20 from purchasing handguns in Virginia because all private sales will have to be run through a federally licensed firearms dealer.

Federal law says that individuals must be 21 to purchase a handgun from a licensed dealer. So if someone under 21 were to obtain a background check through the FBI's system, that person would be rejected.

Prior to the new law, those between 18 to 20 could buy a handgun through a private sale from another Virginia resident, but not from a dealer.

One of the lawsuit's plaintiffs, Wyatt Lowman, is legally an adult but under 21.

Yeatts wrote in his ruling that the commonwealth acknowledged the law would prevent those under 21 from purchasing handguns, but it "deflects by saying the problem lies with federal law." The attorney general said in court it was working with the FBI to correct the issue.

https://roanoke.com/news/local/judge-upholds-most-of-firearms-background-checks-law-rules-restriction-on-under-21-purchasers-unconstitutional/article_f29de627-c848-53c2-a011-bba881d5110b.html