A senior prosecutor within the Department of Justice has addressed concerns raised by a Virginia resident and another official from the Trump administration regarding alleged slowdowns in firearm background checks. This situation arose after a judge issued a temporary injunction against a comprehensive state law banning certain firearms, which had been slated to take effect.
The controversy unfolds as Richmond joins other state capitals led by Democrats in pursuing restrictions on Second Amendment activities. Recent decisions by the Supreme Court, which have challenged gun laws in New York and the District of Columbia, have provided significant legal victories for those opposing similar measures.
Amidst Virginia's ongoing legal dispute, critics have accused the Virginia State Police (VSP) of deliberately prolonging background checks, effectively implementing the law even while its legality is being debated. Harmeet Dhillon, Assistant Attorney General for Civil Rights, stated that her office is actively engaged with this case and other instances of what she termed "gun-grabbing nonsense nationally."
Temporary Injunction and Legal Challenge
In cooperation with Gun Owners of America, a Virginia resident who intended to purchase firearms from a dealer in Kilmarnock, Virginia, filed a lawsuit to prevent the enforcement of Richmond's new legislation. This law introduces criminal penalties for the sale or acquisition of "assault firearm[s]," which opponents argue constitutes a broad infringement on Second Amendment rights.
The involvement of the Kilmarnock gun store established legal standing in Lancaster County, a region generally supportive of the Republican party in Virginia's Northern Neck. There, Judge John Martin issued a ruling that blocks the enforcement of the law until December 31.
Following this judicial decision, Andrew Ferguson, a Commissioner for the Federal Trade Commission, reported on social media that he observed what he described as an "en masse" delay in background checks after visiting a local gun store. The Virginia State Police are responsible for conducting these checks.
Colonel Jeffrey Katz, the superintendent of the VSP, is an appointee of Governor Glenn Youngkin and is named as a defendant in the Lancaster case.
"The Virginia State Police is delaying background checks en masse in one of the most flagrant violations of our rights that I've seen. This is outrageous," Ferguson asserted. "Our police are aiding radical leftists to disarm Americans."
Allegations of Delayed Background Checks
When questioned about the accusation, the VSP suggested there was no deliberate slowdown, explaining that troopers have observed a significant increase in applications over the past month.
"The Firearms Transaction Center is seeing a large number of transactions. The [center] has processed over 100,000 transactions in June alone and have been averaging over 5,000 transactions a day," stated Matthew Demlein, an ombudsman for the state police. "The [center] is working diligently to complete each transaction."
Philip Van Cleave, whose Virginia Citizens Defense League is also a plaintiff in the lawsuit, also expressed skepticism about whether the VSP was intentionally holding up background checks in response to the Lancaster ruling.
"I don’t want to be unfair to the Virginia State Police," Van Cleave posted. "I’m not convinced that the delays are intentional."
"I just don’t think VSP and their computer system is geared up to handle the immense volume that the gun-control idiots in the general assembly have created."
Another critic of the prohibition cited a section of the Code of Virginia that seemingly permits firearm transfers to proceed even if background check delays occur. If a dealer meets the requirements set by the VSP but police do not respond within five business days, the dealer is permitted to finalize the sale or transfer of the firearm without violating the law.
Legislative Context and Official Responses
Judge Martin's ruling indicated that the specific firearm characteristics identified in the ban lack a rational basis, particularly because handguns are excluded despite fitting the lawmakers' stated rationale concerning military-style weapons.
The legislation for the ban was originally introduced in the House by Delegate Dan Helmer, D-Fairfax, and in the Senate by Senator Saddam Salim, D-Dunn Loring.
In remarks reported by Courthouse News Service, Van Cleave separately pointed out that a commission established by then-Democratic Governor Tim Kaine following the Virginia Tech massacre concluded that limits on gun magazines, similar to those addressed in the new law, would have "made no difference in the outcome."
Attorney General Jay Jones, representing the state, released a statement asserting that "gun violence is the key driver of violent crime in this commonwealth and nation, and assault weapons are designed intentionally to inflict maximum damage in a matter of seconds."
During his 2025 campaign, text messages emerged showing Jones had contemplated the shooting of the former Republican speaker of the Virginia House.
"The assault weapons ban passed by the General Assembly and signed by the Governor will save lives in the Commonwealth and is compliant with the Constitution of Virginia," Jones affirmed.
When Governor Youngkin signed the law in May, he expressed regret that the legislature did not accept his proposed amendments that would have exempted commonly used hunting firearms.
"I am signing this bill into law because firearms designed to inflict maximum casualties do not belong on our streets. We are taking this step to protect families and support the law enforcement officers who work every day to keep our communities safe," he stated, adding that he would collaborate with Salim and Helmer to clarify the law’s language to reassure hunters.
