GOA Petitions Virginia Supreme Court as “Assault Firearms” Ban Looms

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GOA, VCDL, and John Crump are asking the Supreme Court of Virginia to act before Virginia’s July 1 “assault firearms” ban takes effect. IMG Jim Grant

Gun Owners of America and Gun Owners Foundation are asking the Supreme Court of Virginia to step in before Virginia’s new “assault firearms” and magazine ban takes effect on July 1.

The emergency petition, filed in Crump v. Katz, comes after the Lancaster County Circuit Court stayed the case and canceled a June 12 hearing on the plaintiffs’ request for a temporary restraining order and preliminary injunction. The plaintiffs include John Crump, GOA, GOF, Virginia Citizens Defense League, and Virginia Citizens Defense Foundation.

The purpose of the filing is straightforward: force the lower court to hear the already-filed injunction motion before the law takes effect, or have the Virginia Supreme Court block the law itself while the case continues.

Virginia Democrats passed a ban on some of the most common firearms and magazines in America, and now procedural maneuvering could allow that ban to kick in before gun owners even get a hearing on their request to stop it.

GOA’s update says the plaintiffs petitioned Virginia’s high court for an urgent ruling because constitutional rights cannot wait on court scheduling games. The petition asks for a writ of mandamus compelling the Lancaster court to promptly decide the pending motion. In the alternative, it asks the Virginia Supreme Court to issue a preliminary injunction against the ban.

This is not just another “assault weapon” lawsuit. The immediate story is that gun owners are telling the Virginia Supreme Court that constitutional rights cannot be put on hold because the government wants to consolidate cases.

The timeline is important. Gov. Abigail Spanberger signed SB 749 into law on May 14. The plaintiffs sued the next day in Lancaster County Circuit Court. Within days, they filed their motion asking the court to block enforcement before July 1. A June 12 hearing was scheduled. Briefing was completed. According to the petition, the state did not object to the hearing date. Then the court stayed the case.

The reason given was that the Commonwealth had asked to consolidate multiple lawsuits challenging the ban under Virginia’s Multiple Claimant Litigation Act. That consolidation request is now before a three-judge panel, but the petition argues there is no guarantee that panel will act before July 1. In the meantime, the plaintiffs’ emergency motion sits undecided.

If the court system waits until after July 1, gun owners may suffer the very harm they went to court to prevent.

SB 749 bans the import, sale, manufacture, purchase, or transfer of firearms Virginia labels “assault firearms.” The definition reaches common semi-automatic rifles, pistols, and shotguns based on ordinary features such as adjustable stocks, pistol grips, threaded barrels, barrel shrouds, braces, and detachable magazines.

The law also targets magazines and similar feeding devices holding more than 15 rounds. These are standard-capacity magazines for many of the most popular firearms in the country.

Another law, SB 727, expands restrictions on the public carry of covered firearms. The petition says the amended language reaches public streets, roads, sidewalks, parks, public rights-of-way, and any place open to the public. That could include private businesses, stores, event venues, and even gun shops.

The petition argues that these laws violate Article I, Section 13 of the Virginia Constitution, which protects the right to keep and bear arms. Virginia’s Supreme Court has previously treated that right as coextensive with the Second Amendment. Under Heller and Bruen, the government cannot simply ban arms commonly owned by law-abiding citizens.

GOA Senior Vice President Erich Pratt said, “The Article I, Section 13 rights of Virginians to keep and bear arms are at stake. GOA and GOF will not sit idly by as those rights are attacked from Richmond. We hope that today’s petition to the Virginia Supreme Court will expedite a ruling on our motion for preliminary injunction, and that Virginians will remain free to purchase and carry popular firearms and magazines come July 1.”

The Virginia Supreme Court now has a narrow but critical question in front of it: Will gun owners get a ruling before the ban takes effect?

The answer should be yes. Rights do not become less important because the government wants to run out the clock. Virginians deserve a hearing before July 1, not after the damage is done.

Virginia Assault Firearms Law Sparks Chaos as Sponsors Contradict Each Other

Virginia Claims State Constitution Does Not Protect Individual Gun Rights in Crump v. Katz


About Duncan Johnson:

Duncan Johnson is a lifelong firearms enthusiast and unwavering defender of the Second Amendment—where “shall not be infringed” means exactly what it says. A graduate of George Mason University, he enjoys competing in local USPSA and multi-gun competitions whenever he’s not covering the latest in gun rights and firearm policy. Duncan is a regular contributor to AmmoLand News and serves as part of the editorial team responsible for AmmoLand’s daily gun-rights reporting and industry coverage.Duncan Johnson


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Rogue1

“If the representatives of the people betray their constituents, there is then no resource left but in the exertion of that original right of self-defense which is paramount to all positive forms of government, and which against the usurpations of the national rulers, may be exerted… The citizens must rush tumultuously to arms, without concert, without system, without resource; except in their courage and despair.”  – Alexander Hamilton, Federalist No. 28 “No one is bound to obey an unconstitutional law, and no courts are bound to enforce it. The general rule is that an unconstitutional statute, whether federal or state, though having the form and… Read more »

Boz

Petition like it’s 1776!

Ledesma

Once the ban takes effect, liberals and pigs are ready! The liberal does the squealing, and the pig executes. Perfect!

Ledesma

Liberals refuse to live in the wild wild west. And life among millions of unidentified riflemen, that’s the wild wild west!

Last edited 24 days ago by Ledesma