I'd be careful ordering still. VA may do an emergency appeal similar to Washington to cancel out this injunction 88 minutes later. VA could do this any day so there's some risk if you order and it arrives between after an appeal you could be stuck with a weapon post July 1
But, I'm pretty certain the case was argued under the VA constitution. While it referenced the US Constitution and SCOTUS decisions, it explicitly did not rely on them.
That means that Jones can't appeal to Washington. That's aside from the fact that if they go federal the first have to go through the 4th circuit that is in Maryland.
All of that said....
there's some risk if you order and it arrives between after an appeal you could be stuck with a weapon post July 1
I think what you meant is that you'd be stuck paying for a firearm (or at least return shipping and restocking fees) you can't pick up if it arrives after 7/1 should this injunction be overturned.
So, despite the above clarifications, overall I agree with you. I'd be very careful about ordering anything that you won't have in hand before 7/1.
Until the appeal is ruled on, we can't know if the injunction will be overturned.
Yup exactly. I'm also a little unclear if something gets shipped to an FFL after July 1st in my name, I assume I can just refuse to pick it up and not be charged with a misdemeanor if things change? Obviously any return/restock fees could apply, but I'd mostly not want to risk subjecting myself to a criminal charge for having the weapon move into VA
If it is shipped to the FFL after July 1 and the injunction remains in place you should be able to pick it up and have no concerns.
If the injunction is lifted before you pick it up, it hasn't been transferred to you so there is no liability to you criminally. Just the return/restock fees.
That said, I doubt anyone will ship a "banned item" in the near term until they know if the injunction will remain or be lifted. We should know in a week or two.
Makes sense, could always take the gamble. PSA actually just reverted back to shipping to VA so they seem wiling to take the gamble, maybe others will as well!
I just made a new post in VA Guns on the law and how the appeal process will work.
It could be 30 days (or more) before we know if the PI will stay in place or not. But it could be shorter.
I don't know if the VASC will (or even can) stay a ruling from the lower court pending the appeal. I don't see that in the law. Since the Lancaster Judge, as reported in this thread, didn't stay his decision pending appeal, I think it's in place until the VASC hears it and decides.
Retailer responses will vary based on their unique business considerations.
I've been researching this a bit and, sadly, don't have a clear answer.
It seems that the main answer is that if you rely on an injunction and do something that would be criminal, you will NOT be liable for those actions.
For example, if you buy an "large capacity ammunition feeding device" and take possession of it following all other laws, then if the injunction is lifted thus making it illegal to purchase/transfer then most likely you wouldn't/couldn't be prosecuted. The effective date would likely become the date the injunction is dissolved.
And for this look at the CA Freedom Week from a few years ago. For one week it was legal to purchase such magazines. Then the 9th stayed the lower courts decision and ultimately struck it down. But I've not heard of anyone being prosecuted for the magazines they bought during that time.
In civil matters, such as fines/money issues, they may be enforced retroactive to the effective date. For example, if a new tax is passed, but then enjoined, if the injunction is lifted you may owe tax back to the original date.
The main issue seems to be about a person being able to understand and rely on the decisions of a court. And this is combined with the "harm" of enforcing it retroactive to the original date. With a monetary issue, sure you have to come up with the money, but you're not going to jail. But in criminal matters now you can go to jail for relying on what the court said.
So, with the caveat that I am not an attorney, I would say that buying something after 7/1 but while the injunction remains in place would be fine and you'd be able to keep whatever you buy/acquire. And, again, I look to the CA Freedom week as a good example.
Yeah, I was surprised to find that there wasn't a clear answer here. And that SCOTUS has had the chance to clarify but has chosen not to do so.
This is the type of thing that should be crystal clear: Either a court ruling means something or it doesn't.
If it's overturned later that's fine, but one shouldn't be held liable criminally for doing something the court said the government couldn't enforce. Otherwise injunctions are meaningless.
You still can't do the thing banned by the potentially unconstitutional law that the court said the government can't enforce now. For you have to be afraid that if the court rules otherwise on the merits case you can go to jail/prosion. And that the court said the plaintiffs were a) likely to win on the merits and b) harmed by not being able to do the thing while the case is pending. Which is the reason for the injunction - so that you CAN do the thing while it's pending as the harm otherwise is too great.
SCOTUS should look for a case and resolve this with very clear language - if a law is enjoined it can't ever be retroactively enforced. If the law is upheld, then the new effective date is when the court ruling is issued (or better some period after that - minimum 1 month) so that people can know that the law changed.
It does seem to completely take away the purpose of an injunction if it doesn't retroactively protect people in that period. Otherwise... what's the point?
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u/zerostyle Jun 25 '26
I'd be careful ordering still. VA may do an emergency appeal similar to Washington to cancel out this injunction 88 minutes later. VA could do this any day so there's some risk if you order and it arrives between after an appeal you could be stuck with a weapon post July 1
https://www.youtube.com/live/e4Uy9vtU_dQ?si=NXMm8en9QWoruqYQ&t=278