A Virginia judge has temporarily blocked the state from enforcing a new assault weapons ban just days before it was set to take effect. Lancaster County Circuit Judge John Martin issued a preliminary injunction on Thursday, ruling that the law is likely unconstitutional and halting its enforcement while related legal challenges proceed.
The ban, which was scheduled to take effect on Wednesday, would have prohibited the purchase, sale, import, or transfer of certain assault-style firearms and large-capacity magazines. The law exempts individuals who already possessed these firearms prior to the enactment date. It was signed into law last month by Governor Abigail Spanberger after several years of efforts by Democratic lawmakers.
The injunction came in response to a lawsuit filed by a coalition of gun rights groups, including the Virginia Citizens Defense League, which argued that the Virginia Constitution protects the right to bear arms as robustly as the Second Amendment of the U.S. Constitution. Plaintiffs contend that the firearms targeted by the ban are commonly used and that neither the legislature nor the governor can override the preferences of Virginia residents regarding lawful arms possession. Philip Van Cleave, president of the Virginia Citizens Defense League, praised the ruling, calling the ban “clearly unconstitutional” and expressing confidence the plaintiffs will ultimately prevail.
In contrast, Virginia Attorney General Jay Jones criticized the decision, emphasizing the connection between gun violence and violent crime in the state and nation. Jones described assault weapons as designed to inflict severe harm quickly and said the ruling was disappointing and jeopardizes public safety. He immediately announced plans to appeal the injunction.
The injunction prevents the Virginia State Police, named as a defendant in the suit through its superintendent Col. Jeffrey Katz, from enforcing the ban until a final court determination is made or until the end of the year. The State Police indicated it would review the order and act accordingly once the written ruling is entered.
This case is one of several legal challenges against the assault weapons law pending in both state and federal courts. Last week, a different judge in Spotsylvania County declined to issue an injunction in a similar case.
The law also faced opposition from Republicans within the state and several local prosecutors and sheriffs who publicly said they would not enforce the ban. At the federal level, the Justice Department had warned it would sue to block the law as a violation of constitutional rights, with a letter sent to Governor Spanberger in April threatening litigation if Virginia proceeded. However, the department has not yet filed a lawsuit against the state over the ban.
As legal proceedings continue, the implementation of the assault weapons ban remains on hold due to the preliminary injunction.