The gun rights advocates failed to provide an adequate record for SCOVA to consider their appeal.

On appeal, the gun rights advocates argued that the Richmond Circuit Court abused its discretion by failing to enjoin the Governor's Executive Order. Under Virginia law, whether a trial court properly exercised its discretion to grant or refuse an injunction depends on the circumstances of the particular case. What those circumstances are must be shown by evidence introduced in the trial court. That evidence would usually be reflected in a transcript or written statement of facts showing what happened in the court below. But the petitioners failed to file one. So SCOVA was left with nothing but the parties' pleadings and some "cursory attachments." That, SCOVA said, left it "unable to discern whether the trial court abused its discretion." Under those circumstances, the Court had no choice but to refuse the Petition for Review.

Benjamin P. Kyber
Richmond Appellate Law Attorney Serving Virginia, Henrico County.
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