Richmond, VA – Attorney General–Elect Jay Jones today announced that he has filed a motion with the Virginia Court of Appeals seeking an extension of the Commonwealth’s deadline to file a notice of appeal in Wilson v. Hanley. The request comes in response to the outgoing Attorney General’s failure to file an appeal to defend Virginia’s background check law after a Lynchburg Circuit Court judge struck it down, which effectively eliminated the Commonwealth’s background check requirement on private firearm sales.
Under Virginia law, the Commonwealth must file a notice of appeal within 30 days unless the Court of Appeals grants an extension. Without swift action, the right to appeal and the Commonwealth’s ability to defend the constitutionality of its own laws would expire today, Dec. 1, 2025. Despite defending the law in the trial court, Attorney General Jason Miyares has taken no action to protect the Commonwealth’s appeal rights and has not responded to multiple inquiries from Attorney General–Elect Jones’s office.
“Virginians demanded an Attorney General who will stand up for their safety, and that’s exactly what I’m doing,” said Attorney General–Elect Jay Jones. “Background checks save lives and are essential to keeping guns out of dangerous hands. This motion protects Virginia’s ability to appeal this ruling, defend our laws, and keep our communities safe from gun violence.”
If granted, the motion will extend the deadline to file a notice of appeal from Dec. 1, 2025 to Jan. 30, 2026, giving the Attorney General-elect time to evaluate the ruling, coordinate with the Governor and the General Assembly, and determine the Commonwealth’s best course of action.