A Virginia judge has widened his order blocking Gov. Abigail Spanberger’s AR-15 ban so that it binds the state government itself, not only the State Police.
Story Highlights
- On Monday, November 2, Lancaster County Circuit Judge John S. Martin extended his injunction to the Commonwealth of Virginia, all its agencies and its employees.
- The state objected to being covered and lost that point; its lawyers say the ban is constitutional and will save lives.
- The block keeps the state from enforcing the ban through December 31, 2026, unless the court acts sooner.
- The challengers say the law breaks the Virginia Constitution’s guarantee of the right to keep and bear arms.
What the Judge Blocked, and for Whom
The law, Senate Bill 749, bans the sale, purchase, transfer, import and manufacture of what it calls “assault firearms,” including many AR-15-style rifles. It also restricts magazines that hold more than 15 rounds. Spanberger, Virginia’s Democratic governor, signed it in May. The challengers, led by Virginia gun owner John Crump with backing from gun-rights groups, argue it violates Article I, Section 13 of the Virginia Constitution, the state’s right-to-bear-arms clause.
In late June, Judge Martin issued a preliminary injunction, a temporary court order that stops a law from being enforced while the case goes on. It barred the Virginia State Police, led by Superintendent Jeffrey S. Katz, from enforcing the ban. His November 2 order goes further. It states that “the Commonwealth of Virginia, its agencies and employees are hereby preliminarily enjoined” on the same terms as his earlier orders. The judge denied the challengers’ other requests. The order does not address local sheriffs, police departments or prosecutors.
The Governor’s Side and the Appeals
Lawyers from Attorney General Jay Jones’s office objected to adding the Commonwealth, and the judge overruled them. Jones, a Democrat, has defended the ban from the start. After the June ruling he said the ban “will save lives” and “is compliant with the Constitution of Virginia.” He called that ruling “disappointing” and said the state would ask for a stay and appeal. No appeal of the November 2 order had been reported as of Thursday, November 5.
In August, the court paused the lawsuit itself while the U.S. Supreme Court reviews major challenges to assault-weapon bans. Jones welcomed that pause and said his office would keep “doing everything we can to defend Virginia’s gun laws.” The injunction has stayed in force throughout. Supporters of the law say it takes “weapons of war” off Virginia’s streets. State Sen. Saddam Azlan Salim called Spanberger’s signature “a monumental victory for public safety.”
A Law Under Attack From Several Sides
The Lancaster County case is one of several. In a separate case, Santolla v. Katz, a Washington County judge broadened a block on the law to cover the whole state starting July 21. A Spotsylvania County judge turned down a similar request in another case, so the early rulings are split. In June, 13 of Virginia’s local prosecutors, known as commonwealth’s attorneys, said they would not enforce the ban.
The federal government has joined the fight too. On July 1, the U.S. Department of Justice sued Virginia and the State Police in federal court. It said the law unconstitutionally bans the sale of ordinary semiautomatic rifles owned by millions of Americans. For Virginia gun owners, dealers and ranges, the November 2 order means no state agency can enforce the ban while the case is on hold. The case has not been decided on the merits, and the block runs through December 31 unless the court acts sooner.
Sources:
redstate.com, ammoland.com, hoodline.com, justice.gov, wric.com
