New Virginia law banning `assault firearms’ prompts quick lawsuits from gun-rights groups
Virginia Governor Abigail Spanberger’s signing of legislation banning the sale and manufacture of certain semi-automatic firearms prompted immediate lawsuits from gun rights groups.
“limits” firearms“These are among two dozen new restrictions and regulations on guns, as defined in the law, that the Democratic governor has enacted in his first few months in office, marking a sharp reversal from the policy of his Republican predecessor, who vetoed many similar measures.
“Firearms designed to cause maximum casualties do not belong on our streets,” Spanberger said in a statement Friday. he said. “We are taking this step to support law enforcement officers who work every day to protect families and keep our communities safe.”
The new gun restrictions bring Virginia closer to states like California, Illinois and New York, which similarly have complete Democratic control of legislatures and governors’ offices. They also highlight the continued national divide on gun policy, as several Republican-led states have taken steps to loosen firearm restrictions that they describe as a violation of Second Amendment rights.
A dozen states now target semiautomatic firearms
The new Virginia law, which goes into effect July 1, will make it a misdemeanor punishable by up to a year in prison and a $2,500 fine for people to buy, sell, transfer, import or manufacture an “assault firearm.”
The measure defines the term to include semi-automatic rifles or pistols with a magazine capacity of more than 15 rounds. It also includes firearms with other features, such as rifles that can accept a detachable magazine with a second grip or collapsible stock. The ban also applies to magazines that can hold more than 15 rounds. For most people, there are no penalties for owning such weapons.
Already available in 11 other states and Washington DC laws prohibiting the sale of a manufacture some semi-automatic firearms, although details vary. Hawaii, for example, bans some semi-automatic handguns and high-capacity magazines, but not semi-automatic rifles.
Gun rights groups challenge Virginia law
Legal challenges quickly emerged after Spanberger signed the legislation Thursday. The National Rifle Association, joined by other groups, filed suit in both federal and state court, alleging violations of the right to bear arms.
“The firearms and magazines banned in this law are not strange and unusual outliers, but are among the most widely owned guns and magazines in the country,” said Adam Kraut, executive director of the Second Amendment Foundation, which joined the NRA in the federal lawsuit. “Tens of millions of them are in the hands of peaceful Americans who overwhelmingly use them legally.”
The US Department of Justice also vowed to sue To obstruct the application of Virginia law.
Harmeet Dhillon, assistant attorney general for the department’s civil rights division, wrote in an April letter to Spanberger that the Virginia measure “would violate the Second Amendment rights of law-abiding citizens to own and use AR-15 rifles for lawful purposes by making it a crime to purchase and sell them.”
Courts uphold other bans on semi-automatic weapons
So far, laws restricting some semiautomatic firearms have been generally upheld, including by the 4th Circuit Court of Appeals, which covers Virginia, Maryland and several states.
The appeals court has twice upheld a Maryland law banning dozens of types of semiautomatic weapons, upholding a 2024 ruling describing them as “military-style weapons” unsuitable for self-defense. He concluded that “Maryland’s law fits comfortably with our nation’s tradition of firearms regulation.”
The US Supreme Court refused to hear it last year In the Maryland case, it was a challenge. But gun rights advocates remain hopeful of a different outcome in future cases, with three conservative justices on the nine-member court disagreeing with the decision and a fourth expressing doubt that such firearm bans are constitutional.
Change of governor brings with it change of law
Former Republican Virginia Governor Glenn Youngkin vetoed legislation each last two years this would ban the sale of some semi-automatic firearms.
However, Youngkin’s term ended in January and he was replaced by Spanberger. The passage presented a big opportunity for advocates of gun restrictions, which already have support in the Democrat-led Legislature.
Spanberger, a former CIA officer and member of the US House of Representatives, had previously volunteered with the group called Moms Demand Action, which was founded after the 2012 shooting at Sandy Hook Elementary School in Connecticut that killed 26 people. The group lists 20% of Democrats in the Virginia House as its former volunteers.
“The fact that a former Moms Demand Action volunteer signed an NRA assault weapons ban in his state shows how dramatically the political calculus on gun safety has changed,” said John Feinblatt, president of Everytown for Gun Safety, Moms Demand Action’s umbrella organization.
Republican states move to expand gun rights
While Virginia is tightening gun regulations, many Republican-led states are expanding gun rights.
On the same day Spanberger signed the semiautomatic firearm restrictions, Missouri’s Republican-led Legislature gave final approval to legislation creating a school guard program that could allow trained volunteers to carry firearms in schools.
A law signed by Spanberger last month raised the age for purchasing a handgun in Virginia from 18 to 21. In contrast, Republican West Virginia Gov. Patrick Morrisey signed a law last month lowering the age for carrying a concealed weapon without a state permit from 21 to 18.
Another law signed by Spanberger last month opens new grounds for lawsuits against the firearms industry. This came shortly after Republican Utah Gov. Spencer Cox signed a law limiting liability lawsuits against the firearms industry.
