The Virginia Court of Appeals has rejected Democrat Jay Jones's attempt to intervene in defense of a background check law struck down by a circuit court judge, after outgoing Republican Attorney General Jason Miyares declined to file an appeal.
The state's appeal was due on December 1, more than six weeks before Jones takes over as Attorney General, but Jones filed a motion to intervene in the case that would have extended the deadline to file a notice of appeal until Jan. 30, 2026. Jones claimed that would give him time to "evaluate the ruling, coordinate with the Governor and the General Assembly, and determine the Commonwealth’s best course of action."
The Court of Appeals gave Jones' request more consideration than I would have liked by requesting additional briefing from Jones as well as the plaintiffs in Wilson v. Handley. On Monday, though, the appellate court finally released its decision and denied Jones' motion.
🚨LEGAL UPDATE🚨
— Gun Owners Foundation (@GunFoundation) December 22, 2025
A judge just DENIED Jay Jones’ motion in our legal victory against Virginia’s Universal Background Check law.
Jones’ attempt to usurp Attorney General Miyares’ power before taking office has FAILED. pic.twitter.com/clkejIYJxI
In their decision, the appellate panel noted that even Col. Matthew Handley, the head of the Virginia State Police, had objected to Jones's attempt to insert himself in the case. Ultimately, though, the decision came down to a clear reading of Virginia law.
As the panel noted, "In Virginia the authority and responsibility for representing the state in civil litigation... rests exclusively with the State's Attorney General." Not the future Attorney Genera or the previous Attorney General, but the currently serving Attorney General. And if the Attorney General doesn't want to appeal a court loss, a future Attorney General has no power or authority to circumvent that decision.
The fact that Jones was either unaware of this face or (more likely) just didn't care is a troubling sign for Virginia gun owners. Miyares hasn't been perfect, but he's going look like Antonin Scalia or Clarence Thomas once Jones is sworn in as the state's next AG. Jones is an activist anti-gunner, who, when not wishing death on Republican lawmakers or their children, will happily join the ranks of other opponents of the Second Amendment like California AG Rob Bonta, Minnesota AG Keith Ellison, and Illinois AG Kwame Raoul in defending gun control laws across the country, not just in their home state.
And while Jones may not have the opportunity to defend Virginia's "universal" background check law, gun owners can expect Democrats to draft a new version of the law in 2026; one that Jones will be able to defend if and when groups like Gun Owners of America and Virginia Citizens Defense League file suit alongside individual gun owners.
Still, the Virginia Court of Appeals made the right call, even if it took them several weeks to reach a conclusion that should be obvious to everyone. As I wrote back when Jones first filed his motion to intervene:
We cannot have a system of government where politicians assume the powers of an office before they're sworn in, nor can they impede the actions of the current officeholder. Can you imagine the chaos that would ensue if incoming officeholders had veto power over current officeholders in the time period between an election and the new officeholder being sworn in?
Jones's demand is downright dangerous, and should be quickly rejected by the Court of Appeals. Virginia Democrats are going to get their chance to inflict serious damage to our Second Amendment rights when Abigal Spanberger and Jay Jones take office and the 2026 legislative session kicks off in mid-January, but until then Jones has no official position in state government, and should have no say at all in the decisions made by the current Attorney General.
It's going to be a long four years for Virginia gun owners with Jones at the helm of the AG's office (and Democrats in control of the legislative and executive branches for at least two years), but it's nice to see that Jones is already getting smacked around in court opinions... especially since that means the judge's decision to strike down the state's "universal" background check law will stand for the time being.
Editor's Note: Christmas is coming a little early here at Bearing Arms!
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