Why It Matters
Federal criminal charges against a Virginia man for illegally selling a firearm used in an Old Dominion University shooting have reignited debate over the state’s background check law—a requirement that currently remains unenforceable following a court ruling. The case highlights a critical gap in Virginia’s gun purchase regulations and raises questions about whether enhanced screening measures could prevent future gun violence on college campuses and in communities across the state. Virginia’s decision to allow the universal background check law to be invalidated has become a focal point in discussions about public safety and regulatory responsibility.
What Happened
Federal prosecutors charged Kenya Mcchell Chapman, 32, of Smithfield, Virginia, with illegally selling the firearm that was used in a shooting at Old Dominion University in Norfolk. According to the U.S. Department of Justice, Chapman engaged in unlicensed firearms sales and allegedly sold the weapon to an individual who was prohibited from possessing firearms under federal law. The ODU shooting resulted in one death and two injuries, prompting renewed focus on campus security and gun access restrictions.
The charges emerge from an existing legal void in Virginia. An October ruling by a Lynchburg-area circuit court invalidated the state’s universal background check requirement for most private firearm sales. Virginia Attorney General Jay Jones subsequently sought to intervene and appeal the decision, but an appellate court declined to revive the law. The statute remains inactive, meaning private gun sales in Virginia can occur without background checks—a situation legal experts and gun violence prevention advocates contend creates significant public safety risks.
Jones stated that his predecessor, then-Attorney General Jason Miyares, chose not to defend the statute in court. “My predecessor had a choice: defend Virginia’s background check law and protect our communities, or stand aside. He stood aside and put lives at risk,” Jones said in a statement. The current attorney general emphasized that his intervention was motivated by the recognition that background checks prevent dangerous individuals from acquiring weapons.
By The Numbers
- One person killed and two injured in the Old Dominion University shooting incident
- Kenya Mcchell Chapman, 32, faced federal charges for unlicensed firearm sales
- October 2025 circuit court ruling invalidated Virginia’s universal background check requirement
- The appellate court subsequently declined to revive the invalidated law, leaving the statute unenforceable
Zoom Out
Virginia’s background check law invalidation reflects broader national tensions over firearm regulations and Second Amendment interpretations. Multiple states maintain universal background check requirements, while others have implemented more permissive frameworks for private sales. The federal prosecution of Chapman demonstrates that federal law continues to prohibit unlicensed firearms dealing and sales to prohibited individuals, even when state-level background check requirements are not in effect.
Gun violence prevention advocates, including Lori Haas, advocacy manager for the Johns Hopkins Center for Gun Violence Solutions, have emphasized that the Chapman case exemplifies the intended purpose of background check legislation. “That’s the very thing that the law was intended to stop from happening,” Haas stated, underscoring how the absence of state-level screening mechanisms can enable prohibited purchases.
Similar debates have emerged in other states where background check requirements faced legal challenges or where regulations were weakened. Virginia’s experience illustrates the consequences of allowing such laws to become inactive—creating enforcement gaps that federal prosecutors must address through more limited unlicensed dealer statutes.
What’s Next
Virginia Attorney General Jones has indicated intent to continue pursuing appellate action regarding the background check law, though the current appellate court decision leaves the statute’s revival uncertain. The legislature may consider enacting revised background check legislation if political conditions shift during upcoming sessions, though such efforts would face similar legal scrutiny.
The Chapman case will proceed through the federal criminal justice system. The outcome may influence whether state lawmakers prioritize reviving or strengthening Virginia’s background check framework. Additionally, campus safety initiatives at Old Dominion University and other Virginia institutions may be evaluated to determine whether additional security measures can mitigate risks created by the background check law’s current inactivity.
Gun violence prevention advocates will likely use the federal charges as evidence supporting the necessity of state-level background check enforcement, potentially influencing future legislative debates within Virginia and informing policy discussions in other states considering similar regulatory changes.