Virginia Governor Signs Assault Weapons Ban, Lawsuit Follows
On Thursday, Virginia’s Governor Abigail Spanberger (D) enacted a ban on what are classified as “assault weapons,” which led to an immediate legal response from the NRA and the Second Amendment Foundation (SAF).
Joining the NRA and SAF in the lawsuit are private individuals Justin MacDonald and Anthony Groenefeld, along with the Firearms Policy Coalition.
The legal complaint was submitted to the United States District Court for the Eastern District of Virginia in Alexandria, starting off with a reference to the Second Amendment of the U.S. Constitution, which states that “the right of the people to keep and bear Arms” is guaranteed. The plaintiffs, including MacDonald and Groenefeld, assert that all law-abiding Virginians have a fundamental constitutional right to possess common firearms for personal defense, family safety, community security, and other lawful reasons.
They argue that the defendants, responsible for implementing federal laws, are imposing restrictions that would effectively criminalize the ability of law-abiding citizens to keep and bear these firearms, often referred to as “assault firearms.”
The latter part of the complaint puts forward the argument that semi-automatic firearms, which Virginia Democrats aim to ban, are covered by the Second Amendment as they are in “common use.” Citing the Supreme Court case Heller from 2008, it states:
Semi-automatic firearms have “traditionally been widely accepted as legal.” The record, as cited in Heller v. District of Columbia, clearly indicates that semi-automatic rifles are in “common use,” as claimed by the plaintiffs. Recently, the Supreme Court noted that “AR-15 rifles, AK-47 rifles, and .50 caliber sniper rifles are all widely legal and purchased by many ordinary consumers,” referencing Smith & Wesson Brands, Inc. v. Estados Unidos Mexicanos.
Harmeet Dhillon, the Assistant Attorney General for Civil Rights, has pledged that the Justice Department will file a lawsuit against Virginia if Spanberger follows through with the ban on assault weapons. Meanwhile, various lawsuits from the NRA, SAF, FPC, and individual citizens are in progress, and a DOJ lawsuit is anticipated.
