u/jtf71

PRIMARY

Keep any records that you have or can obtain - even if it's just you making an annotation on your calendar - about having purchased (or attempted to purchase) a firearm but not being able to complete the transaction due to being delayed by VSP (either a status of "delayed" or no response/being unable to submit).

While there is no guarantee, there may be some future lawsuit related to VSP being unable to perform checks in a timely manner and that resulting in a denial of 2A rights.

And while there is no guarantee that any such suit will occur or be won, if it does happen and it's won it may be limited to only those that can show that they were personally denied. One possible remedy that a court could order would be that those persons be allowed to complete the transaction and for it to have an effective date of 6/30/2026 for the purposes of the grandfathering.

While FTC Commissioner Andrew Ferguson tweeted:

> Just visited my neighborhood gun dealer in Virginia. The Virginia State Police @VSPPIO is delaying background checks en masse in one of the most flagrant violations of our rights that I've seen. This is outrageous. Our police are aiding radical leftists to disarm Americans. Thankfully, we have @AAGDhillon.

That doesn't mean that they actually are.

When VCDL was asked about the situation Phlip Van Cleave responded:

> "I don’t want to be unfair to the Virginia State Police," Van Cleave tweeted. "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."

source for above quotes

And I think Phiip is right. I think it's just a volume thing. Nevertheless, I believe the VSP has a duty to perform all the checks in a timely manner and a law abiding citizen shouldn't lose 2A rights because they can't complete the "instant" checks.

SECONDARY

If you're unable to complete a transaction for any other reason (e.g. Shipping delay, FFL overwhelmed etc) keep records of that as well.

While the state isn't responsible for these things, there might be a cause of action due to the artificial demand they created that led to such delays. This one is a long shot, but if you have the records you might be included if there is some related ruling. If you don't have the records, you might not be.

In the alternative, there may be some liability to the state for any return shipping and/or restocking fees for any transaction you couldn't complete. Again, a long shot, but can't hurt to have the records.

Making a top level post so people are more likely to see it and how the process goes from here.

2-Bullet Jones has announced he's going to appeal the injunction. I thought (and have posted in other threads) that it would go to the court of appeals and the the VA Supreme Court - but that's wrong.

The appeal goes straight to the VA SC and a three judge panel.

> 8.01-626. Review of injunction; petitions for review.

> When a circuit court (i) grants a preliminary injunction, (ii) refuses such an injunction, (iii) having granted such an injunction, dissolves or refuses to enlarge it, or (iv) enters an order reviewable pursuant to § 8.01-670.2, an aggrieved party may file a petition for review with the clerk of the Supreme Court within 15 days of the circuit court's order.

> The clerk shall assign the petition to a three-justice panel of the Supreme Court. The aggrieved party shall serve a copy of the petition for review on the counsel for the opposing party, which may file a response within 15 days from the date of service unless otherwise determined by the court. The petition for review shall be accompanied by a copy of the proceedings before the circuit court, including the original papers and the circuit court's order respecting the injunction. The Supreme Court may take such action thereon as it considers appropriate under the circumstances of the case.

> Nothing in this section shall be construed to prevent the Supreme Court from resolving a petition for review by an order joined by more than three justices.

So, it could be up to 30 days before the VA SC even hears the case. And they would likely take a few days to issue an opinion.

But since the two 15 day periods are maximums, the parties could submit in less time. And it's possible the court could order a shorter time (it appears but that seems off) or a give a longer time (but I doubt they will on a PI matter).

In summary, I think it will be a few weeks before we know if the PI will stand or not. And during that time I'd not be surprised if sellers are unwilling to sell banned items pending that process. But since it might be 30 days or more, some will look at it as a way to make more money from panic buying.

We'll see!

While I’d love to see this become law, I doubt the GOP can overcome the filibuster.

From VA-Alert

> BREAKING:  Virginia State Police are going to violate a court order and enforce Universal Background Checks!

> The Virginia Attorney General's office just informed us that the Virginia State Police intend to enforce Universal Background Checks for private sales IN DIRECT DISREGARD OF THE COURT ORDER HALTING ENFORCEMENT!

> The Virginia Citizens Defense League and Gun Owners of America are immediately filing a motion for contempt of court!