Judge Blocks Controversial VA Assault Weapons Ban

A Virginia judge sided with gun rights activists this week by blocking the state's controversial assault weapons ban, just days before it was supposed to be implemented.

Lancaster County Circuit Judge John Martin issued the ruling on Thursday in favor of Gun Owners of America, the Virginia Citizens Defense League and resident John Crump, stating that the commonwealth is unlikely to prove the impending law doesn't violate the state's constitution, Courthouse News Service reported.

The injunction also temporarily prohibits the Virginia State Police from taking steps to implement or enforce the assault weapons ban.

SB749, which was scheduled to take effect on July 1, bans the sale of magazines capable of holding more than 15 rounds of ammunition. The ban also covers the importation, purchase, and barter of such firearms and magazines.

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When signing the law, Gov. Abigail Spanberger, a former federal law enforcement officer, stated that firearms "designed to inflict maximum casualties do not belong on our streets."

The lawsuit filed by the plaintiffs is one of several targeting the law signed last month by Gov. Abigail Spanberger.

Thursday's ruling came as a response to Crump v. Katz, one of several lawsuits targeting the new law.

In the lawsuit, the plaintiffs argued the law violates Article I, Section 13 of the Virginia Constitution by banning the future sale and transfer of commonly owned semiautomatic firearms and magazines capable of holding more than 15 rounds. The lawsuit claimed the restrictions would cause immediate and irreparable harm to gun owners, retailers and manufacturers while the case is pending.

The motion asked the court to prevent the law from taking effect while the broader legal challenge proceeds, though a similar argument was recently rejected by a judge in Spotsylvania County.

Ban Faced Local Pushback

As the ban approached its effective date, a growing number of local elected officials publicly said they would not enforce or prosecute violations, citing the constitutionality of the law. Their opposition primarily came from two groups: commonwealth attorneys, who decide whether to prosecute criminal charges, and sheriffs, who oversee law enforcement in their jurisdictions.

Among them was Spotsylvania County Sheriff Roger Harris.

“As your Sheriff of Spotsylvania County, I want to reaffirm my unwavering commitment to protecting and defending the rights guaranteed by the Constitution of the United States to every citizen of Spotsylvania County,” Harris said in a letter sent to county residents.

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Sheriffs in Amherst, Campbell, Carroll, Floyd, Page, Scott and Washington counties also publicly stated they would not enforce, or directed their offices not to enforce, the ban.

In a statement released after Thursday's ruling, Virginia Attorney General Jay Jones called the injunction "disappointing" and vowed to appeal the decision.

This ruling... puts our communities at risk," Jones said. "We will continue to vigorously defend Virginia’s assault weapons ban and magazine capacity restrictions and uphold the laws designed to keep Virginians safe."