SAF FILES LAWSUIT CHALLENGING NEWLY PASSED ASSAULT WEAPONS BAN IN VIRGINIA
The Second Amendment Foundation filed a federal lawsuit May 14 challenging Virginia's assault weapons ban signed into law by Governor Abigail Spanberger. The lawsuit targets the commonwealth's prohibition on commonly owned semi-automatic firearms and standard capacity magazines. SAF Legal Director Adam Kraut serves as lead counsel on the case filed in the Eastern District of Virginia. The ban takes effect July 1, 2026, making possession of covered firearms a Class 6 felony punishable by up to five years in prison. Virginia joins nine other states with similar restrictions including California, New York, and Connecticut.
Background and Context
Governor Spanberger signed House Bill 2 into law May 10 after the Democratic-controlled legislature passed it along party lines. The measure bans AR-15 rifles, AK-pattern rifles, and any semi-automatic rifle accepting detachable magazines with certain features. Magazine capacity limits restrict civilians to 12 rounds for rifles and 15 rounds for handguns. Current owners must register affected firearms with Virginia State Police by January 1, 2027 or face felony charges. The law includes exemptions for law enforcement, military, and licensed dealers. Republicans opposed the measure, arguing it violates Second Amendment rights and targets law-abiding citizens. Spanberger campaigned on gun control after defeating Republican Glenn Youngkin in 2025.
What This Means for Gun Owners
Virginia residents who own affected firearms face three options: register with state police, sell to out-of-state buyers, or surrender to authorities. Registration requires fingerprints, photographs, and a $50 fee per firearm. The state will maintain a database of registered owners accessible to law enforcement. Gun owners cannot transfer registered firearms to Virginia residents after the deadline. Violations carry mandatory minimum sentences of one year in prison. The law also prohibits manufacturing, importing, or selling covered firearms within Virginia. Gun stores must liquidate inventory by July 1 or face business license revocation. Several Virginia sheriffs announced they will not enforce the ban in their jurisdictions.
Industry Impact
Virginia gun manufacturers face immediate disruption to business operations. Patriot Ordnance Factory in Phoenix announced plans to relocate manufacturing to North Carolina. The company employs 150 workers producing AR-15 rifles and components. Local gun stores report panic buying since Spanberger announced her support for the ban. Sales of AR-15 rifles increased 400% in April compared to the previous year. The Virginia Shooting Sports Association estimates the industry contributes $1.2 billion annually to the state economy. Federal Firearms License holders worry about compliance costs and legal liability. Gun ranges fear reduced membership and training revenue.
What to Watch Next
SAF seeks a preliminary injunction blocking enforcement while litigation proceeds. The case will likely reach the Supreme Court given circuit splits on assault weapon bans. Bruen standard requires the government to prove historical tradition supporting firearms restrictions. Virginia Attorney General Mark Herring promised vigorous defense of the law in court. Similar cases in Illinois and Washington await federal court rulings. The lawsuit names Virginia State Police Superintendent Gary Settle as defendant. Republican lawmakers plan override attempts when the General Assembly reconvenes. Poll shows 52% of Virginians oppose the ban according to Christopher Newport University.
DownRange Bottom Line: Virginia's assault weapons ban targets millions of commonly owned firearms protected under Bruen. SAF has strong precedent after recent wins against similar laws in other circuits.
