Virginia Court Halts Enforcement of Semi-Automatic Firearms Ban

A Virginia court has issued a preliminary injunction that blocks a ban on the sale and transfer of modern semi-automatic firearms, marking a notable win for Second Amendment advocates.

Governor Abigail Spanberger, a Democrat, signed SB 749 into law on May 14, which prohibits what are referred to as “assault weapons.” This prompted several pro-Second Amendment groups, including the National Rifle Association (NRA), Gun Owners Association of America (GOA), and others, to file lawsuits. A judge in Lancaster County sided with these organizations, putting the ban on hold.

VCDL President Phillip Van Cleve announced the ruling on social media, expressing satisfaction with the temporary restraining order against both the firearms and carrying bans. He mentioned that details regarding a magazine ban are still uncertain, but advised supporters to stay tuned. As of now, the injunction applies statewide, and further developments, including a federal appeal, are anticipated.

Meanwhile, a prior effort by former Attorney General Ken Cuccinelli to stop the ban based on the state constitution’s militia clause was rejected by a Spotsylvania County judge. The preliminary injunction accepted Virginia Attorney General Jay Jones’s arguments claiming there’s no individual right to own “military-style” firearms.

Jones’s office released a statement expressing disappointment with the ruling and indicated plans to appeal. They emphasized their commitment to defend the state’s assault weapons ban and magazine capacity restrictions, asserting that these laws are designed to protect Virginians.

Van Cleve expressed optimism about the injunction and subsequent appeal, indicating they expect to prevail in court.

Besides banning certain “assault weapons,” the law also sets limits on magazine capacity, specifying a maximum of 15 rounds starting July 1.

In a Supreme Court dissent from 2000, Justice Clarence Thomas remarked that “assault weapon” is a term employed by gun control advocates to facilitate the prohibition of certain semi-automatic firearms that only superficially resemble fully automatic ones.

The National Shooting Sports Foundation reported that over 32 million “modern sporting rifles,” including the AR-15, are currently in circulation. Popular among civilians, these firearms, similar in function to military weapons, have been noted for their wide ownership.

Based on earlier Supreme Court rulings, firearms used for lawful purposes are protected under the Second Amendment.