Got a big win by gun owners of America and VCDL, the Virginia Citizens Defense League, regarding universal background checks. But the judge left the window open. Hey folks, welcome back. Today we’ve got breaking news from Virginia that strikes at the heart of gun law and constitutional limits. A judge has tossed the state’s universal background check law. That’s right, the statute requiring background checks on all firearms transfers, even private ones, is on hold, at least for now. I’m going to dig deep into this one, tell you why the judge struck it down, and what legal reasoning was used, as well as what risks and openings remain.

And what that means for you as gun owners, and yes, you in different states, because universal background checks is the next thing that they’ve been pushing them being the anti-gunner. So if it’s not in your state, it could become in your state, and if it’s in your state, you’re going to want to listen to this too. So strap in, this legal geek out is going to IO, open your eyes, and if you like this kind of breakdown, let me know. Be sure to hit subscribe, ring the bell notification, check back the channel, check the channel often.

I do multiple videos a day sometimes, and YouTube doesn’t let you know until days later. So make an effort to check the channel every day, that’s when you’ll get the news before everybody else does. Let’s take a quick moment to thank the video sponsor Aura. If you’ve ever wondered how scammers gut your phone number, or why your inbox is flooded with spam, this is why. Your personal information is out there, and chances are it’s already been stolen and sold off by data brokers. They do it without your consent, and they make billions of dollars selling it to marketers, scammers, and even stalkers.

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That’s why I chose Aura. It really is an all-in-one, powerful, easy-to-use app. Protect what matters most, start your 14-day free trial at aura.com slash guns and gadgets, and see if any of your data has been exposed. I’m not leaving myself vulnerable, and you shouldn’t either. Thank you to Aura for sponsoring this video. Alright, let’s set the stage here in Virginia. Five years ago, Democrats gained full control of state government and passed a sweeping package of gun control measures. One of them was the so-called universal background check requirement. In effect, every single firearm transfer, private or commercial, would be subject to a background check.

Such law collides with several tricky legal and statutory realities. For example, Virginia’s own law permits 18-year-olds to possess handguns, though not necessarily purchased them under federal law. The new statute tried to impose background checks on all buyers, 18 and over, which created tension with existing state law. Enter gun owners of America and Virginia Citizens Defense League. These QR codes will help you join and support those two groups. They are always doing great and support those that support you. So enter GOA and VCDL, which they challenged the statute. Now the judge here, in the 24th judicial circuit, is F.

Patrick Yeats. Or, as the kids say it, yeet. And what did the judge do? Well, he yeeted the law. And his opinion struck it down in full. Let’s dig into what the judge said, Judge Yeats. Yeats, sorry, Y-E-A-T-T-S. Yeats. Because his reasoning is crucial here. Now the first key point is the court didn’t decide the case on Second Amendment grounds. That is, the judge didn’t rule that universal background checks are a per se violation of the Constitution under Bruin or Heller. Instead, the court found as applied deficiencies in the statute that made it legally untenable before even getting to the constitutional questions.

I wish he would have, because I would have liked to see it decided on the Second Amendment. But the judge said there is no need to embark on that analysis under Bruin, meaning the test history and tradition, because the statute fails on a more pedestrian but fatal statutory or logical ground. Among the flaws that the judge talked about was the conflicting with existing law and the age disparity issue. The law attempted to impose NICS checks on 18-20 year olds purchasing handguns, but that collides with federal and Virginia law, which already set purchase rules.

The court has already enjoined the law as applied to younger buyers, but now says the entire statute must go. Next was the statute treating people differently based on age in a way that the court found problematic. The judge also found that even apart from the constitutionality, the statute is so flawed that it can’t be allowed to stand. Now Judge Yeats left open a possibility for the legislature to come back with a reworked version, which he gave them the groundwork. One that treats all persons equally regarding background checks, avoids age discrimination, and meets technical and constitutional muster.

Jared’s opinion here. I don’t think that’s possible. I think the judge said this because it was his way of making sure everybody understood his opinion, but I don’t think what he’s saying is even obtainable under the constitution. But he referenced Nevada’s system where all firearm transfers are run through an FFL, where the dealer has an interface with NICS. In that model, the judge says treats individuals equally. The one curious subtext here was the judge’s opinion suggested that Virginia lawmakers might consider raising the minimum age to purchase handguns in order to avoid the age disparity problem altogether.

Yeah, the judge is basically saying, you could do this, Virginia, while GOA and VCDL are part of this. You don’t think they’ll sue for that, too? But the decision here addresses broadly the limits of background check mandates and how courts should treat as applied challenges, as well as what a legislature must show to justify universal background checks. And without getting lost in the weeds here, some of the things that the judge hopped on was like, even if a statute is facially valid, meaning it could be applied in some settings, individuals can challenge how it operates in specific contexts.

That’s exactly what Judge Yeats did here. He didn’t say all universal background checks are invalid forever. He said this implementation fails in this scenario that Virginia created. His opinion also argues that if a legislature wants to mandate universal background checks, it must present robust historical analogues, which I don’t think they can do, because 18-20 year olds were required to have guns. But, you know, feelings. They must also show present societal need and ensure sweeping regulations don’t sweep too broadly. Again, like I said, I don’t think any of that is attainable for the government there.

Now the law must also not be more burdensome than necessary to achieve its goals. So we’ll see what happens there. These principles are exactly what Yeats effectively did in his opinion here. Instead of stepping past the threshold into the full constitutional debate that I wish he would have gone to, he found fatal defects in how Virginia’s law was drafted and applied. So he implicitly demanded a level of precision and consistency that Virginia’s statute failed to meet. And like I said, I don’t think it can. But in short, he also in this decision provided kind of a roadmap for the legislature and how the law should be structured if they hope to survive in court.

And this is huge because Virginia, you got a lot of anti-gunners in your legislation and your governor’s ship is up for grabs this year. And your current governor has vetoed all the gun bills that have been brought to him. And right now the Democrat has the lead in Virginia, which means the same package that your governor currently vetoed. What do you think is going to happen if you allow this Democrat to win? So you better get on the Winston Sears train quickly. I mean, she’s a gun owner, she’s pro gun. It shouldn’t even be that close in my opinion.

So what changes right now? You live in Virginia, I want to know what changes right now. Well, the universal background check requirement for private chance transfers in Virginia is enjoined. And in a couple of weeks, not right away, in a couple of weeks, private gun sales can proceed without mandatory next checks, at least until further appeals or legislative action. The law is struck down in its entirety, not just as it pertains to certain age groups, which is a huge, huge win for gun owners of America and VCDL. Again, support those who join them.

And what this challenge doesn’t do, it’s not a Supreme Court ruling. So the decision could be appealed. And because the judge here avoided ruling on the Second Amendment grounds, future courts could revisit whether the universal background checks are constitutional in some other form or under better drafting of the law. The legislature here in Virginia will attempt to pass a revised background check. This is my opinion will try to do it. One that addresses the flaws the judge talked about here. Now, the legislature, like I said, haven’t been friends of you guys and gals in Virginia.

So it’s time to pay attention to what’s really happening there. And a future court might accept constitutional arguments that universal universal or near universal checks are permissible under some type of history tradition test, which I don’t think they can do, but activist judges do what they do. Now, I know you’re probably frustrated if you’re a gunner, especially if you live in Virginia, but let me highlight a few broad takeaways from this. Number one, court rulings often hinge not on grand constitutional theory like we want them to, right? You know, law A violates constitution, law A is invalid, should be that easy.

But they typically hinge on whether a law is internally consistent or avoids conflicts and respects existing statutes and classifications. And Judge Yeats ruling here is a reminder that even if, even a pro-2A law can fail if drafted sloppily. Now, challengers, number two, is challengers don’t always need to swing for the fences. They don’t need to swing for a facial invalidation. You can pin a statute to its operational defects, which is what a lot of the big federal lawsuits did for the reclassification or changing of rules that the ATF have done, you know, they failed the APA, which is the process in which the rulemaking has to be done and ATF just did it their way.

So that’s how we want a lot of that stuff. Now, Judge Yeats here explicitly gave the legislature a path. So that’s something we need to watch. And of course, Bruin, right? We need to make sure that we know and love Bruin. And this case in Virginia couldn’t influence challenges in other states with universal or near universal background check schemes. I almost knocked my coffee over. So there you have it, guys and gals. Virginia’s universal background check law has been struck down in its entirety for now, thanks to a savvy legal challenge that exposed internal consistencies and age-based disparities.

Is this the final nail in the coffin? Maybe. Maybe not. But it’s a victory for gun owners and one that you should thank GOA and VCDL for, for fighting for this. It’s a potent reminder that you can’t just pass sweeping firearm laws without respect to legal limits and sound structure. And in my opinion, every gun law is an infringement. You’re trying to restrict that right. So don’t forget to support these groups that support you guys and gals. And as always, thank you for watching. If you found this kind of breakdown helpful for your understanding, hit the like button, share this with your Pro2A friends, and subscribe to the channel.

Until next time, stay armed, stay free, stay engaged, and I hope you have a phenomenal day. God bless you. Take care. [tr:trw].

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