Virginia judge blocks Spanberger's attempt to enforce gun background check law despite court order

 June 4, 2026

A Virginia judge reaffirmed a permanent injunction blocking the state's "universal background check" law on Wednesday, handing Democratic Gov. Abigail Spanberger a significant legal setback after her administration tried to enforce the measure through new legislation that gun rights groups called a brazen end-run around the courts.

The ruling came after the Virginia Citizens Defense League and Gun Owners of America sought to hold state officials in contempt for enforcing a law that a court had already ordered them not to enforce. The judge declined the contempt request but kept the injunction firmly in place, leaving Spanberger's signature gun control priority blocked and raising fresh questions about the governor's willingness to respect judicial authority.

How Spanberger tried to override the courts

The timeline tells the story. In October 2025, a Virginia court issued a permanent injunction blocking the state's universal background check law. That should have been the end of enforcement. It wasn't.

On April 22, Spanberger signed HB 1525 into law after the General Assembly concurred with her amendments. Those amendments added an emergency provision directing the Virginia State Police to enforce the very law the court had blocked. The Virginia state Senate approved Spanberger's amended version by a 21-18 vote. The House of Delegates backed it 63-36.

Both votes fell short of the 80 percent threshold Virginia law requires for emergency legislation to take effect immediately. That detail would prove critical.

On May 28, the VCDL filed a motion seeking a contempt citation against state officials. The motion laid out what the gun rights groups saw as a coordinated effort by the governor, the legislature, and the attorney general to simply ignore the court's order by passing a new law that said they could.

The motion's language was pointed. It argued that "the General Assembly, the Governor, Defendant and now the Attorney General all believe they are free to enforce Section 18.2-308.2:5 irrespective of this Court's permanent injunction, simply because they passed a new law saying they could."

That framing cuts to the heart of the dispute. Virginia's elected officials didn't challenge the injunction through the appellate process. They didn't wait for a court to modify or dissolve it. They passed a bill, attached an emergency clause, and told state police to start enforcing a law that a judge had ordered them to stop enforcing.

The constitutional argument gun groups pressed

The VCDL's May 28 motion went further, arguing that even if HB 1525 somehow "overruled by statute" the court's injunction in a self-executing manner, which the motion flatly denied, the emergency effective date was "a nullity because the enacted bill was not passed by a four-fifths majority in the General Assembly."

The math backs that up. A four-fifths majority in the state Senate would require at least 32 votes. Spanberger's version got 21. In the House of Delegates, 80 percent of 99 members would require roughly 79 votes. The measure received 63. Neither chamber came close.

The motion warned of consequences beyond the immediate case. It stated that "the Commonwealth ceases to have a functional system of government if Defendant and those directing him from above are permitted to simply ignore a court's clear directive."

That is not the language of a routine procedural filing. It is the language of litigants who believe the state's highest officials treated a court order as optional, and who wanted the court to say so.

A win for gun owners, but no contempt finding

Virginia Citizens Defense League President Philip Van Cleave announced the result on X, calling it a "huge victory." He posted that the judge "kept the permanent injunction against Universal Background Checks in place" and declared: "R.I.P Universal Background Checks!"

Van Cleave later added that the judge declined to hold any Virginia officials in contempt. The ruling, then, split the difference: the court enforced its own prior order but stopped short of sanctioning the officials who tried to circumvent it.

For gun owners across Virginia, the practical result is clear. The universal background check law remains blocked. The state police cannot enforce it. Spanberger's legislative maneuver failed.

This is not the first time the governor's aggressive approach to firearms policy has run into legal resistance. A Virginia prosecutor previously refused to enforce Spanberger's gun ban, drawing a constitutional line against the governor's agenda.

Spanberger did not immediately respond to a request for comment from the Daily Caller News Foundation.

A pattern of overreach

The background check defeat fits a broader pattern. Spanberger signed a semiautomatic firearms ban despite warnings of a DOJ lawsuit, pressing ahead with gun restrictions even when legal challenges were plainly on the horizon.

That ban triggered its own wave of litigation. Gun rights organizations, the NRA, and the Trump administration all moved against the measure, and immediate legal challenges followed the signing.

The governor's willingness to test the boundaries of executive and legislative power extends beyond firearms. She ousted the Virginia Tech rector without explanation, drawing accusations of political payback and raising questions about how she wields authority when she faces no meaningful check from a friendly legislature.

And Virginia Democrats have faced setbacks beyond the governor's office. The U.S. Supreme Court turned back their bid to revive a redistricting referendum, another reminder that courts remain a check on one-party ambition in Richmond.

What the ruling means

Several questions remain unanswered. The judge's name has not been publicly reported in connection with Wednesday's ruling. The specific reasoning behind the decision to reaffirm the injunction, and to decline contempt, has not been detailed. Whether Spanberger's administration will attempt another legislative workaround is unknown.

What is known is this: a court told Virginia to stop enforcing a law. The governor signed a new bill ordering state police to enforce it anyway. The legislature passed that bill without the supermajority required for emergency effect. And a judge looked at all of it and said the injunction stands.

The system worked, barely. The question is whether Spanberger and her allies in the General Assembly will accept that, or whether they'll keep looking for ways to treat a court order like a suggestion. When elected officials start treating judicial injunctions as obstacles to legislate around rather than orders to obey, the rule of law isn't under debate. It's under pressure.

Gun owners won this round. But they shouldn't have had to fight it.


About Tim Harrison

Breaking News:

Check This Out:

Read Next Issue:

Top 5 News Stories

Read Next Issue:

Top 5 News Stories

Heritage Review is a conservative email-newspaper that publishes every morning. Enter your best email to see our next edition:
Sponsored