Court Partially Blocks Enforcement of Virginia’s Unconstitutional Private Sales Ban

On July 14, a judge in Lynchburg, VA, partially blocked enforcement of the Commonwealth’s new ban on private firearm sales, ruling it effectively prohibits law-abiding adults under age 21 from acquiring handguns, in violation of Virginia’s constitutional right to keep and bear arms. The decision came in the case of Elhert v. Settle.

“Prior to the [challenged] Act,” the court wrote, “those between the ages of 18 and 21 could purchase a handgun through only a private sale, not from a licensed dealer.” This is because licensed dealers (FFLs) are bound by a federal law that prohibits FFLs from transferring handguns to those under age 21. By channeling all firearms sales through FFLs, Virginia’s new law categorically bans adults age 18 to 20 from legally acquiring handguns.

While attorneys for the Commonwealth admitted this was the outcome of the law, they insisted it didn’t matter, because young adults are not protected by the right to keep and bear arms. The court rejected this claim, noting that the only aged-based restrictions with any longstanding historical pedigree are those pertaining to minors. Meanwhile, the court noted, Virginia law “defines an adult as a person 18 years of age or more.”