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Virginia Judge Says Injunction on New Gun Limits Will Apply Statewide

The ruling raises immediate enforcement questions in Virginia and could collide with parallel federal cases and pending U.S. Supreme Court review that may set a national rule.

Overview

  • A Washington County circuit judge, Jeffrey L. Campbell, amended a preliminary injunction on July 8 to state it will bar enforcement of Virginia’s new bans on certain semiautomatic rifles and large-capacity magazines across the state beginning July 21.
  • Virginia Attorney General Jay Jones has challenged the judge’s statewide reach and the state Supreme Court refused a request to consolidate four separate lawsuits, so the cases will proceed in different counties.
  • Plaintiffs in four Virginia jurisdictions argue the laws violate Article I, Section 13 of the Virginia Constitution and at least one suit also raises a federal Second Amendment claim; the Justice Department was reported on July 1 to have filed a separate federal challenge.
  • A federal appeals court upheld Illinois’ assault-weapons and large-capacity magazine ban in a 2–1 July 9 decision, and the U.S. Supreme Court has granted review of consolidated Cook County and Connecticut cases to be argued this fall.
  • The near-term result is a patchwork of enforcement and fast-moving appeals that could leave gun owners and local law enforcement uncertain about what is legal until Virginia’s state courts, federal appeals and ultimately the Supreme Court resolve the disputes.