Virginia Court Halts Spanberger's AR-15 Ban, Delivering Major Victory to Gun Owners
After months of legal battle and Second Amendment uncertainty, a court order temporarily blocked Virginia from enforcing a ban on AR-15s.
Virginia gun owners secured their first major courtroom victory June 26 after a Lancaster County Circuit Court judge granted a temporary injunction against Gov. Abigail Spanberger's sweeping ban on the sale and transfer of AR-15s.
The injunction was secured by the Virginia Citizens Defense League (VCDL), Gun Owners of America (GOA), and Gun Owners Foundation (GOF). Those groups argued that Virginia's newly enacted "assault firearm" ban violates both the Virginia Constitution and the Second Amendment. The ruling delivered a timely setback to one of the most extreme gun control laws in the nation.
“Article I, Section 13 is the commonwealth’s recognition of a pre-existing right with which Virginians were endowed by their creator, and it operates as a fixed limitation on the power of government to enact legislation affecting firearms,” the plaintiffs said in a motion.
For now, the court's order prevents the Virginia State Police from enforcing the law while the constitutional challenge proceeds. The law would have taken effect July 1.
Fighting Spanberger
“VCDL is pleased with the temporary injunction that came out of Lancaster County today against the ‘assault firearm’ ban and carry prohibition,” Virginia Citizens Defense League President Philip Van Cleave said in a statement.
If the injunction does not hold, the law will create a Class 1 misdemeanor for the importation, sale, purchase, manufacturing or transfer of so-called “assault weapons.” It will also impose the same penalty on magazines that hold more than 15 rounds.
After Gov. Spanberger signed SB 749—the "assault weapon ban"—into law, Second Amendment groups quickly filed lawsuits challenging the constitutionality of the AR-15 ban.
The lawsuits alleged that the law not only violates the Virginia constitution but also conflicts with the 2022 landmark Supreme Court precedent set in New York State Rifle & Pistol Association, Inc. v. Bruen.
The Bruen decision reinterpreted how courts can weigh the constitutionality of firearm laws and declared that all firearm laws must be rooted in the historical tradition of firearm regulation. Since the decision, courts have used Bruen to strike down decades-old firearm laws that fail to pass constitutional muster.
During the injunction hearing, the Commonwealth attempted to separate the state court’s analysis from the Supreme Court’s Bruen analysis. Since the decision was first handed down, numerous “progressive” lawyers have worked to sidestep precedent by citing outdated and racist gun laws from the 1800s.
Lancaster County Circuit Judge John Martin denied this attempt, calling the Supreme Court’s ruling instructive and necessary.
Trump Administration Fighting for the Constitution
In April, Assistant U.S. Attorney General Harmeet Dhillon issued a warning to Gov. Abigail Spanberger (D), saying that unconstitutional firearm laws will result in lawsuits from the federal government.
Dhillon’s warning is the latest move from the DOJ’s Second Amendment Civil Rights Division—a new office created by President Donald Trump in February to combat years of persistent government overreach on gun rights.
“This letter provides formal notice that the Civil Rights Division will commence litigation in the event the Commonwealth of Virginia enacts certain bills that unconstitutionally limit law-abiding Americans’ individual right to bear arms,” the letter reads.
Dhillon’s statement followed a proposed amendment to the so-called “assault weapons” ban by Gov Spanberger. The amendment added the term “fixed” to the definition of an assault rifle and would broaden the number of firearms subject to the ban.
The amendment did not pass.
More than Just “Assault Weapons”
The injunction may have temporarily blocked the so-called “assault weapon” and magazine capacity ban, but numerous other firearm laws will soon take effect.
Companion bills SB 27 and HB 21 create what Democrat lawmakers call "responsible conduct" standards for the firearm industry. The bills will impose state-mandated "controls" over the industry and allow the attorney general, local attorneys, and private individuals to sue manufacturers.
These bills are direct attacks on the Second Amendment and open the door for anti-gun groups to sue manufacturers out of business.
Senate Bill 38 and House Bill 93 will expand Virginia's current prohibited person restrictions to include anyone who lives in the same household as a prohibited individual. This change would allow the state to strip a law-abiding individual of the right to carry simply because a family member or roommate received a court ruling of "prohibited."
Moving Forward
The injunction expires on December 31 or until the courts issue a final order. The Commonwealth is expected to appeal against the decision.
“We expect the commonwealth to appeal the decision, but we also expect to prevail,” Van Cleave continued.
The temporary injunction provides relief to Virginia gun owners for now, but the fate of the Second Amendment in Virginia still faces real threats.
MORE COVERAGE FROM RESTORATION NEWS
How We Got Here: Virginia Democrats Pass Controversial Legislation to Allow Gun Confiscation
These Rights Are Eternal: Why the Second Amendment Exists—and Why Gen Z Needs to Understand It
These Rights Were Restored: Armed and Ready: Hegseth Restores Off-Duty Warfighters’ Right to Carry on Base
Fighting Back: California’s Second Amendment Infringements Weaken as Court Strikes Down Open Carry Law
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