Virginia gun owners won their first big courtroom victory on June 26 when a judge in the Lancaster County Circuit Court granted an interim injunction against Governor. Abigail Spanberger’s sweeping ban of the sale and transfer AR-15s.

Injunctions were obtained by Virginia Citizens Defense League, Gun Owners of America and Gun Owners Foundation. These groups claimed that Virginia’s recently enacted “assault weapon” ban violated both the Virginia Constitution as well as the Second Amendment. The ruling was a timely blow to one of the strictest gun laws in the country.

The plaintiffs stated in a Motion that “Article 1 Section 13 is a commonwealth recognition of an existing right which Virginians have been endowed with by their creator. It operates as a limitation on the government’s power to enact laws affecting firearms.”

The court’s order, for now, prevents the Virginia State Police (VSP) from enforcing law until the constitutional challenge is resolved. The law was supposed to take effect on July 1.

Fighting Spanberger

In a press release, Philip Van Cleave, President of the Virginia Citizens Defense League (VCDL), said that he was pleased by the temporary injunction issued today in Lancaster County against the ‘assault weapon’ ban and the carry prohibition.

In the event that the injunction is not enforced, the law will create as a Class 1 Misdemeanor the importation of, sale, purchase or manufacture, or transfer, so-called “assault weapon.” The same penalty will be imposed on magazines with more than 15 cartridges.

After Gov. After Gov.

The lawsuits alleged the law violates not only the Virginia constitution, but also the landmark Supreme Court precedent established in 2022 by New York State Rifle & Pistol Association, Inc. v. Bruen .

The Bruen case reinterpreted the way courts weigh constitutionality and stated that all firearms laws must be rooted within the historical tradition of gun regulation. Since the decision, courts use Bruen to strike down decades-old gun laws that do not pass constitutional muster.

The Commonwealth tried to separate the state courts’ analysis from the Supreme Courts Brän analysis during the injunction. Since the first decision, many “progressive’ lawyers have tried to avoid precedent by citing racist and outdated gun laws dating back to the 1800s.

Lancaster County Circuit Court Judge John Martin rejected this attempt and called the Supreme Court’s decision instructive, necessary and useful.

Trump Administration Fighting to protect the Constitution

Harmeet Dhillon, the Assistant U.S. attorney general, issued a alert in April to Governor. Abigail Spanberger, a Democrat, said that the federal government would sue her if she signed legislation restricting gun rights.

Dhillon’s Warning is the Latest Move from the DOJ Second Amendment Civil Rights Division, a new office created in February by President Donald Trump to combat years persistent government overreach regarding gun rights.

The letter states: “This letter gives formal notice that, in the event that the Commonwealth of Virginia passes certain bills that limit the individual rights of law-abiding Americans to carry arms in a way that is unconstitutional,”

Dhillon made his statement after Gov Spanberger proposed an amendment to the ban on so-called assault weapons. The amendment would add the term “fixed”, to the definition for an assault rifle, and broaden the list of firearms that are subject to the ban.

The amendment was not passed.

Although the injunction temporarily stopped the ban on “assault weapons” and magazines, many other gun laws are set to take effect soon.

Companion Bills SB27 and HB21 establish what Democrat legislators call “responsible behavior” standards for firearm manufacturers. The bills will mandate “controls” on the firearm industry, and give the Attorney General, local attorneys and private individuals the right to sue.

These bills are direct assaults on the Second Amendment, and they open the door to anti-gun groups suing manufacturers out of business.

Senate Bill 39, and House Bill 95 expand Virginia’s prohibited person restrictions so that they include any individual who lives with a prohibited person. This would allow the state the ability to deny a law abiding individual the right to carry a firearm simply because their family member or roommate has received a “prohibited” court ruling.

Moving forward

The injunction will expire on December 31, or when the courts make a final decision. Commonwealth is expected appeal the decision.

Van Cleave added, “We expect that the Commonwealth will appeal the decision. But we also expect us to win.”

Although the temporary injunction offers some relief to Virginia gun owners, the Second Amendment’s fate in Virginia is still in danger.

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