Virginia’s New Gun Restrictions Targeting ‘assault Firearms’ Spark Immediate Legal Challenges

Virginia Gov. Abigail Spanberger has signed legislation that bans nan sale and manufacture of definite semi-automatic firearms, triggering contiguous ineligible challenges from gun-rights groups.

The restrictions connected what nan authorities calls “assault firearms” are portion of astir 2 twelve weapon measures enacted during nan Democratic governor’s first months successful office, marking a awesome displacement from her Republican predecessor, who vetoed akin proposals.

“Firearms designed to inflict maximum casualties do not beryllium connected our streets,” Spanberger said Friday. “We are taking this measurement to protect families and support nan rule enforcement officers who activity each time to support our communities safe.”

The caller restrictions align Virginia much intimately pinch states specified arsenic California, Illinois and New York, wherever Democrats power some nan legislature and governor’s office. They besides underscore nan persistent nationalist divided complete weapon policy, arsenic Republican-led states proceed to easiness firearm regulations, arguing they infringe connected Second Amendment rights.

A twelve states now target semi-automatic firearms

The caller Virginia law, which takes effect July 1, will make it a misdemeanor, punishable by up to a twelvemonth successful jailhouse and a $2,500 fine, for group to buy, sell, transfer, import aliases manufacture an “assault firearm.”

The measurement defines that word to see semi-automatic rifles aliases pistols pinch a mag capacity of much than 15 rounds. It besides includes firearms pinch different characteristics, specified arsenic rifles tin of accepting a detachable mag that person a 2nd handgrip aliases a collapsible stock. The prohibition besides applies to magazines tin of holding much than 15 rounds. For astir people, there’s nary punishment for simply possessing specified weapons.

Eleven different states and Washington, D.C., already person laws prohibiting nan waste and manufacture of definite semi-automatic firearms, though nan specifications vary. Hawaii, for example, prohibits definite semi-automatic pistols and high-capacity magazines, but not semi-automatic rifles.

Gun-rights groups situation nan Virginia law

Legal challenges came swiftly aft Spanberger signed nan authorities connected Thursday. The National Rifle Association, joined by different groups, sued successful some national and authorities court, asserting violations of nan correct to carnivore arms.

“The firearms and magazines banned successful this rule aren’t bizarre and different outliers, they’re among nan astir commonly owned guns and magazines successful nan country," said Adam Kraut, executive head of nan Second Amendment Foundation, which joined nan NRA successful nan national lawsuit. “They’re owned successful nan tens of millions by peaceable Americans who usage them overwhelmingly lawfully.”

The U.S. Department of Justice besides vowed to writer to artifact nan Virginia rule from being enforced.

The Virginia measurement would “infringe connected nan Second Amendment authorities of law-abiding citizens to bask and usage AR-15 rifles for lawful purposes by making it a crime to acquisition and waste them,” Harmeet Dhillon, adjunct lawyer wide for nan department’s civilian authorities division, wrote successful an April missive to Spanberger.

Courts person upheld different bans connected semi-automatic weapons

So far, laws restricting definite semi-automatic firearms mostly person been upheld, including by nan 4th Circuit Court of Appeals, which covers Virginia, Maryland and respective further states.

That appellate tribunal doubly upheld a Maryland rule banning dozens of types of semi-automatic weapons, describing them a 2024 ruling arsenic “military-style weapons" that are ill-suited for self-defense. It concluded that “the Maryland rule fits comfortably wrong our nation’s contented of firearms regulation.”

The U.S. Supreme Court past twelvemonth declined to perceive a situation successful that Maryland case. But gun-rights advocates stay hopeful of a different result successful early cases, noting that 3 blimpish justices connected nan nine-member tribunal disagreed pinch nan determination and a 4th expressed skepticism that specified firearm bans are constitutional.

A alteration successful politician leads to a alteration successful laws

Former Republican Virginia Gov. Glenn Youngkin vetoed authorities each of nan past 2 years that would person prohibited nan waste of definite semi-automatic firearms.

But Youngkin's word ended successful January, and he was succeeded by Spanberger. The modulation presented a immense opportunity for advocates of weapon restrictions, who already had support wrong nan Democratic-led Legislature.

Spanberger, a erstwhile CIA serviceman and U.S. House member, had antecedently been a unpaid pinch Moms Demand Action, a group founded aft a shooting astatine Sandy Hook Elementary School successful Connecticut claimed nan lives of 26 group successful 2012. The group lists 20% of nan Democrats successful nan Virginia House arsenic its past volunteers.

"The truth that a erstwhile Moms Demand Action unpaid conscionable signed an battle weapons prohibition successful nan location authorities of nan NRA speaks volumes astir really dramatically nan governmental calculus astir weapon information has shifted,” said John Feinblatt, president of Everytown for Gun Safety, nan umbrella statement for Moms Demand Action.

Republican states enactment to grow weapon rights

While Virginia tightens weapon regulations, galore Republican-led states person been expanding weapon rights.

On nan aforesaid time Spanberger signed nan semi-automatic firearm restrictions, Missouri's Republican-led Legislature gave last support to authorities creating a schoolhouse ranger programme that could fto trained volunteers transportation firearms successful schools.

A rule signed by Spanberger past period raised nan property to acquisition a handgun successful Virginia from 18 to 21. By contrast, Republican West Virginia Gov. Patrick Morrisey signed a rule past period lowering nan property from 21 to 18 for carrying concealed guns without a authorities permit.

Yet different rule signed by Spanberger past period opens caller grounds for lawsuits against nan firearms industry. That came soon aft Republican Utah Gov. Spencer Cox signed a rule limiting liability lawsuits against nan firearms industry.