Early indicators suggest Virginians responded to a slate of proposed gun control legislation with a noticeable increase in firearm background checks. The bills mark one of the most significant shifts in the state’s firearm laws in recent years and build on previously adopted firearm regulations such as expanded background check requirements and regulation of firearms in public spaces.
There were 79,846 firearm background checks initiated in Virginia in March, according to data from the FBI’s National Instant Criminal Background Check System, or NICS. The figure marks one of the highest monthly totals since the surges in March and June 2020. In addition to the COVID-19 pandemic, 2020 was the first year of a Democratic trifecta that advanced gun safety legislation.
Gun bills head to governor
Several bills expand restrictions on certain firearms and how they can be carried, if signed into law.
HB 217 prohibits the manufacture, sale, transfer and importation of defined “assault firearms” and certain large-capacity magazines that hold a lot of ammunition. Violations would be classified as Class 1 misdemeanors and would carry additional penalties, including a temporary prohibition on firearm possession following conviction. Del. Dan Helmer, D-Fairfax County, introduced the bill several times. Helmer, an Army veteran, has said weapons similar to the ones he carried in the service “have no place in our streets.”
The legislation includes exemptions for certain types of firearms, including those that are manually operated, as well as antique or permanently inoperable weapons.
HB 1524 expands restrictions on carrying firearms in public places. Under the bill, it would be unlawful to carry certain semi-automatic rifles, pistols and shotguns in certain public spaces across the state. State law currently allows some local restrictions on firearms in public places, but HB 1524 broadens those limits statewide and applies them more uniformly.
Helmer also introduced HB 21, which creates standards of responsible conduct for firearm manufacturers and a process for civil liability. There was a similar bill in the Senate and both passed.
Democratic lawmakers also updated a state law that prevented family members convicted of assault and battery from buying a firearm, to now include romantic partners.
HB 969, introduced by Del. Cia Price, D-Newport News, establishes a Virginia Gun Violence Prevention Center tasked with researching firearm violence and developing policy measures to reduce it. The center will serve as a statewide resource for data and community-based intervention strategies.
Supporters of the bills argue the measures are necessary to reduce gun violence and limit access to high-capacity weapons.
“Studies have shown that assault weapons make mass violence more deadly, and that places where these bans have been in place, including the federal one for a period of 10 years, did reduce mass shootings and fatalities that come from that,” said Mike Fox, a Virginia-based volunteer with the national organization Moms Demand Action.
Sales boom amid proposals
The increase in background checks could suggest Virginians are worried about the proposed changes.
While a background check does not always result in a firearm purchase, the data is widely used as a reliable indicator of sales trends. Historically, spikes in background checks have coincided with periods of political uncertainty or anticipated regulation, as buyers seek to purchase firearms before new restrictions take effect.
Similar surges were recorded nationwide during the early months of the COVID-19 pandemic and during previous debates over gun legislation at state and federal levels.
“Every time the Democratic Party does any sort of gun legislation, gun sales go through the roof,” said Ben Goldberg, owner of Knight and Pawn in Henrico County where firearms are bought and sold. “We’re talking at least quadruple the volume that I was doing before that.”
Goldberg believes there are constitutional issues that could prevent the legislation from taking effect but is not too concerned right now. He does not think the laws could ultimately withstand court challenges.
“My biggest reason for not being too worried about it is the fact that it’s completely unconstitutional,” Goldberg said. “They don’t have the authority to pass any of these things.”
Goldberg plans to seek legal guidance and clarification as the legislation moves forward.
Philip Van Cleave, president of the Virginia Citizens Defense League, said the legislation places new burdens on law-abiding gun owners and raises constitutional concerns.
“What they really want to achieve is civilian disarmament,” Van Cleave said. “They want everybody disarmed, just like England or China, and you can see that. They’re so obvious about what they’re doing.”
Gov. Abigail Spanberger has until Monday to sign, veto or amend the bills.
Capital News Service is a program of Virginia Commonwealth University’s Richard T. Robertson School of Communication. Students in the program provide state government coverage for a variety of media outlets in Virginia.
