ODU Shooting Case Renews Debate Over Virginia’s Inactive Background Check Law

Federal charges filed against a Virginia man accused of illegally selling the gun used in a recent shooting at Old Dominion University are intensifying scrutiny of the state’s now-defunct universal background check law — and raising new questions about whether the violence could have been prevented.

The case comes as Virginia’s background check requirement for most private firearm sales remains invalidated following an October ruling by a Lynchburg-area circuit court, a decision that still stands after an appellate court declined to revive the law.

Virginia Attorney General Jay Jones, who sought to intervene after then-Attorney General Jason Miyares did not defend the statute, said the consequences of that decision were significant.

“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. I fought to intervene and appeal because background checks save lives and closing the private seller loophole keeps guns out of dangerous hands,” Jones said in an email Friday.

The timing of the federal case has brought that debate into sharper focus.

According to the U.S. Department of Justice, Kenya McChell Chapman, 32, of Smithfield, has been charged with illegally selling the firearm used in the shooting, which left one person dead and two injured, and prompted renewed concern about campus safety in Norfolk.

In a statement announcing the charges, the Justice Department said the defendant is accused of engaging in the unlicensed sale of firearms, including the weapon later used in the ODU shooting. Prosecutors allege the gun was sold to an individual prohibited from possessing firearms under federal law.

The federal complaint has drawn attention from gun violence prevention advocates, who say the case reflects the risks created when background check requirements are weakened or removed.

“That’s the very thing that the law was intended to stop from happening,” said Lori Haas, advocacy manager for the Johns Hopkins Center for Gun Violence Solutions, in a phone interview Friday.

“People who are prohibited from purchasing a firearm, by law, we need to make certain that they can’t buy firearms. Because look at what happened. Somebody who was prohibited by law got their hands on a firearm and caused harm and devastation to another university community.”

Virginia’s universal background check law, enacted in 2020 under a Democratic majority and signed by then-Gov. Ralph Northam expanded existing federal requirements by requiring most private firearm sales to go through licensed dealers, who would conduct background checks.

But in October, a Lynchburg-area circuit court judge struck down the law in a case initially focused on handgun access for people ages 18 to 20. The ruling went further, invalidating the broader private-sale background check requirement statewide.

Miyares, a Republican, did not pursue an appeal before leaving office. Jones, a Democrat, moved in December to extend the deadline so the commonwealth could continue the case.

That motion was denied, meaning the Lynchburg court’s ruling remains in effect and the law is unenforceable.

The ODU shooting

Authorities say the ODU shooting suspect obtained the firearm through a private sale after it had been stolen, a transaction that would have required a background check under Virginia law before it was struck down. The alleged shooter — Mohamed Bailor Jalloh, a 36-year-old former Virginia National Guardsman — was prohibited from possessing a firearm.

The shooting left one person dead and led to heightened concern on campus and across the region.

In response, university officials have taken additional safety measures, including asking students to disclose more information about their criminal histories — a significant move because Virginia law limits how public colleges handle criminal history.

State statute prohibits public institutions from including questions about criminal history on their own admissions applications or denying admission solely based on that information, though schools may review such records after a student is admitted if there are safety concerns.

The case has also fueled ongoing debate about whether stronger background check requirements could have prevented the sale.

For Haas, the case underscores why advocates pushed for the 2020 law.

“I think the attorney general’s point is extremely valid,” she said. “It’s why the Virginia Tech families and the gun violence prevention movement fought so hard to get universal background checks.”

She added that while it is not possible to know whether the seller would have complied with the law, the requirement itself could have created a barrier.

“It would have been at least a barrier in some minds in requiring a background check of the buyer,” Haas said.

Federal charges and legislative response

The Justice Department’s case focuses on the alleged conduct of the seller, who is accused of unlawfully dealing firearms and transferring a weapon to a prohibited person.

Federal law requires individuals who are “engaged in the business” of selling firearms to obtain a license and conduct background checks. But private sellers who fall outside that definition are not subject to the same requirements, a gap that states like Virginia sought to address through broader laws.

With Virginia’s law currently struck down, that gap has effectively reopened, at least temporarily.

Even as the courts consider the future of the state’s background check requirements, lawmakers have moved to adopt new measures.

During the 2026 legislative session, Democrats passed legislation aimed at strengthening firearm purchasing requirements.

Senate Bill 643, sponsored by Sen. Scott Surovell, D-Fairfax, would create a “firearm purchaser license” issued by the Virginia State Police. Applicants would need to be at least 21, pass a background check, and complete a firearms safety course. The license would be valid for five years.

Under the measure, dealers could not complete a firearm sale without verifying a valid license, effectively adding a permit-to-purchase requirement on top of existing background checks. A companion bill by Del. Garrett McGuire, D-Alexandria, also passed.

Both bills are now headed to Gov. Abigail Spanberger and would take effect July 1 if signed into law.

The convergence of the federal prosecution, the court ruling, and the legislative response has created a complex and evolving landscape for gun policy in Virginia.

Jones said he intends to continue pursuing the issue in court and emphasized the broader stakes.

“Gun violence is the leading cause of death for children, and at a moment that demanded action, my predecessor chose the gun lobby over public safety. I will not. As attorney general, I will pursue every avenue, including taking this fight to court, to defend our laws, enforce accountability, and save lives.”

by Markus Schmidt, Virginia Mercury

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