Court Temporarily Blocks Democrat Governor’s Semi-Auto Gun Ban

A Virginia court issued a preliminary injunction halting a ban on the sale and transfer of modern semiautomatic firearms Thursday, securing a victory for pro-Second Amendment organizations. Democratic Virginia Gov…

Harold HutchisonJun 25, 20263 min read

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A Virginia court issued a preliminary injunction halting a ban on the sale and transfer of modern semiautomatic firearms Thursday, securing a victory for pro-Second Amendment organizations.

Democratic Virginia Gov. Abigail Spanberger signed the ban on so-called “assault weapons,” SB 749, into law on May 14, drawing immediate suits from pro-Second Amendment organizations, including the National Rifle Association (NRA), Gun Owners of America (GOA), Virginia Citizens Defense League (VCDL), Second Amendment Foundation (SAF) and the Firearms Policy Coalition (FPC). A judge in Lancaster County, Virginia, sided with the organizations by putting the ban on hold, according to social media posts by VCDL and GOA.

“VCDL/GOA lawsuit victory! The judge in Lancaster County has issued a temporary injunction against enforcement of both the ‘assault firearm’ ban and carry prohibition,” VCDL President Philip Van Cleave posted. “I’m not sure about the magazine ban yet, but I should know soon and will advise. For now the enjoinment applies to the Virginia State Police statewide. We expect an appeal by the Commonwealth. More coming as things evolve.”

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An effort by former Republican Virginia Attorney General Ken Cuccinelli to block the ban based on the militia clause of the state constitution’s provision on the right to keep and bear arms failed June 18, when Spotsylvania County Circuit Judge William Glover denied

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a preliminary injunction, accepting the argument from Democratic Virginia Attorney General Jay Jones’ office that there was no individual right to own a “military style” firearm.

Jones did not immediately respond to a request for comment from the Daily Caller News Foundation.

“VCDL is extremely pleased with the temporary injunction that was issued today against the unconstitutional assault firearm ban,” Van Cleave told the DCNF. “We expect the Commonwealth to appeal and we expect to prevail.”

In addition to the ban on so-called “assault weapons,” the bill Spanberger signed also would outlaw standard-capacity magazines, setting an arbitrary limit of 15 rounds as of July 1.

In a dissent to a 2000 Supreme Court decision, Associate Justice Clarence Thomas noted that the term “assault weapons” is a euphemism that gun-control advocates use to gain support for banning certain semi-automatic firearms with features that provide a cosmetic similarity to firearms capable of fully-automatic operation.

The National Shooting Sports Foundation estimated in a January release that over 32 million “modern sporting rifles,” which include the AR-15, are “in circulation.” In an article published May 13, The New York Times noted that both the AR-15 semiautomatic rifle (which bears a resemblance to the M16 and M4 select-fire weapons used by the U.S. military) and semiautomatic rifles with cosmetic features or accessories that make them look like fully-automatic AK-47s are popular firearms owned by millions of civilians.

Under the Supreme Court’s rulings in Heller and Bruen, firearms in common use for lawful purposes fall under the Second Amendment’s protection.

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