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Tipsheet

Virginia's New Gun Ban Faces Immediate Legal Challenge From Second Amendment Groups

Virginia's New Gun Ban Faces Immediate Legal Challenge From Second Amendment Groups
AP Photo/Jae C. Hong

After Virginia Gov. Abigail Spanberger signed new gun control legislation into law, the Second Amendment Foundation and others have filed a lawsuit challenging the commonwealth’s new bans on “assault firearms” and large-capacity magazines.

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Gov. Spanberger signed into law a ban on so-called “assault firearms,” declaring that “...any person who imports, sells, manufactures, purchases, or transfers an assault firearm is guilty of a Class 1 misdemeanor.” 

Justin McDonald, Anthony Groeneveld, the National Rifle Association, and the Firearms Policy Coalition joined the lawsuit against Virginia State Police Superintendent Colonel Jeffrey Katz, Goochland County Commonwealth Attorney John L. Lumpkins, Jr., Goochland County Sheriff Steven Creasey, Prince William County Commonwealth Attorney Amy Ashworth, and Prince William County Sheriff Glendell Hill. 

The law further defines an “assault firearm” as a semiautomatic rifle chambered in any caliber besides .22 rimfire or one that contains a litany of common features such as a collapsing stock, pistol grip, threaded barrel or more. 


The law also bans magazines capable of holding more than 15 rounds of ammunition. 

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The new laws go into effect on July 1.

“It’s wild that lawmakers who each take an oath to uphold the Constitution insist on passing bills purposefully designed to gut it,” said SAF Executive Director Adam Kraut. “The firearms and magazines banned in this law aren’t bizarre and unusual outliers, they’re among the most commonly owned guns and magazines in the country. They’re owned in the tens of millions by peaceable Americans who use them overwhelmingly lawfully. Virginia has now joined the minority of radical states to ban these constitutionally protected firearms, and in so doing, joined the club of states we’re suing over it.” 


 McDonald v. Katz Complaint  by  scott.mcclallen 


As noted in the complaint, “The firearms that Virginia bans as ‘assault firearms’ are, in all respects, ordinary semiautomatic firearms. To the extent they are different from other semiautomatic firearms, their distinguishing features make them safer and easier to use. Regardless of any new category of arms created by state lawmakers, they cannot be banned because they are not dangerous and unusual.” 

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SAF is joined in McDonald v. Katz by the National Rifle Association, Firearms Policy Coalition and two private citizens.

“Virginia lawmakers lied to their constituents and to themselves when they said these laws weren’t bans,” said SAF founder and Executive Vice President Alan M. Gottlieb. “A new sales and transfer ban is a ban that’s just one generation removed. On July 1, anyone turning 18 in Virginia will find out that the rights enjoyed by their predecessors don’t apply to them. These bans are an afront to the Constitution and an insult to the intelligence of Virginians who were fed lies and misrepresentations by their elected officials. We’re excited to fast track this case to the Supreme Court.”

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