Democratic Virginia state Sen. Saddam Salim and Democratic Virginia state Del. Dan Helmer appeared to be at odds about the provisions of a ban on modern semiautomatic firearms, reflecting an apparent misunderstanding of the law they passed.
Democratic Virginia Gov. Abigail Spanberger signed SB 749 into law on May 14, which would prohibit the sale and transfer of so-called “assault weapons,” as of July 1, drawing legal challenges from pro-Second Amendment organizations, including the National Rifle Association (NRA), Second Amendment Foundation (SAF) and the Firearms Policy Coalition (FPC). Salim claimed during remarks to the Richmond Times-Dispatch that people could still buy popular firearms like AR-15s in other states, which would be illegal under federal law.
“If you happen to get (a firearm) from North Carolina, and then you come to Virginia and you don’t commit any crimes, none of US know that you have this,” Salim told the paper. “Law enforcement in Virginia is never going to go knock on your door and ask you, ‘Do you have a gun at your home? When did you get that?’”
Federal law prohibits a person from purchasing a handgun from a federally licensed dealer or any firearm from a private citizen in a state other than the state the purchaser resides in. Rifles and shotguns can be purchased, but only if they are legal in both the state they are sold in and the state in which the purchaser resides.
Virginia Citizens Defense League President Philip Van Cleave said Salim’s comment reflected his ignorance of current laws.
“He clearly doesn’t understand firearm laws, as recently he said somebody could purchase an ‘assault firearm’ outside of Virginia and bring it back into Virginia, and nobody would know,” Van Cleave told the Daily Caller News Foundation. “Gun dealers in other states will check Virginia law and will not sell a Virginia resident an ‘assault firearm.’ He also doesn’t understand that the US Supreme Court in DC v Heller said that guns that are in ‘common use’ cannot be banned. But that’s exactly what he’s done.”
“Wait did he actually say this? If so then it wouldn’t be an AWB lol,” Second Amendment Foundation Director of Legal Research and Education Konstadinos Moros posted on X. “I don’t think Everytown will agree!”
Helmer disputed Salim’s interpretation, telling the Times-Dispatch that importing such a firearm would still be a misdemeanor. Under the provisions of the ban, a conviction for violating the law results in a loss of gun rights for three years.
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.
Salim did not immediately respond to a request for comment from the DCNF.
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