Virginia Governor’s Gun Control Efforts Halted by Court

Virginia’s Governor Abigail Spanberger, a Democrat, saw her ambitious gun control initiatives stalled after a court decision in June, alongside the state Legislature pushing back the start date of another proposed law.

Recently, a judge from Lancaster County, along with the Virginia Legislature, issued a preliminary injunction that blocked the enforcement of a ban on modern semi-automatic firearms. Consequently, Spanberger had to request that the Legislature postpone the effective date for carrying these firearms. The National Rifle Association (NRA) celebrated this ruling on social media.

“The NRA’s legal team has built a formidable case demonstrating that Spanberger’s gun ban constitutes a clear violation of the constitutional rights of law-abiding Virginians,” stated John Comerford, Executive Director of NRA-ILA.

On Monday, the Virginia General Assembly approved amendments to the budget proposed by Spanberger, extending the “carry ban” for another year.

Neither Spanberger nor Virginia Attorney General Jay Jones responded to requests for comments.

Following the signing of SB 749, which imposes an “assault weapons” ban, and SB 727, the “carry ban,” advocacy groups supporting the Second Amendment filed lawsuits. Notably, SB 749 not only bans certain firearms but also restricts magazine capacities to an arbitrary limit of 15 rounds effective July 1.

As of Thursday, 17 federal attorneys and 12 county sheriffs indicated they would not enforce either ban. This came as a reaction to the growing concerns over the legality of these laws.

Spotsylvania County Commonwealth’s Attorney G. Ryan Mehaffey opined in a letter to Sheriff Roger L. Harris that both the “assault weapons” and “public carry” bans were not in line with Virginia’s historical principles and, thus, unconstitutional. He also expressed that such measures would infringe upon Virginians’ rights to possess popular firearms like the AR-15.

In another development, the Supreme Court announced it would review two cases concerning bans on modern semi-automatic firearms, indicating an ongoing legal discourse on the matter. This includes cases from Viramontes v. Cook County, Illinois, and Grant v. Higgins.

The Supreme Court has previously noted that weapons commonly used for lawful activities fall under Second Amendment protections. An estimation showed that over 32 million modern sporting rifles are in circulation as of recent reports.

In reflection on past rulings, Justice Clarence Thomas described the term “assault weapon” as a tactic used by those favoring stricter gun control measures to garner support for prohibitions against modern semi-automatic firearms.