RICHMOND, Va. - Gun rights organizations and Virginia residents have filed a federal lawsuit challenging the Commonwealth’s newly signed assault weapons and large-capacity magazine ban.
On May 14, Virginia Governor Abigail signed SB749 and HB217, banning the importation, sale, manufacture, purchase, and transfer of many semiautomatic firearms classified by the state as “assault firearms,” along with magazines capable of holding more than 15 rounds.
“I am signing this bill into law because firearms designed to inflict maximum casualties do not belong on our streets,” Gov. Spanberger said. “We are taking this step to protect families and support the law enforcement officers who work every day to keep our communities safe. While the General Assembly chose not to adopt my amendment that specifically carves out certain firearms frequently used for hunting, I will work with the patrons to clarify this language.”
Just hours after signing the legislation, a lawsuit challenging the new ban was filed Thursday in the U.S. District Court for the Eastern District of Virginia by two Virginia residents along with the National Rifle Association, Firearms Policy Coalition and Second Amendment Foundation.
The lawsuit argues the law violates the Second Amendment in banning firearms and magazines that are commonly owned for lawful purposes such as self-defense, sport shooting, and hunting.
Plaintiffs specifically point to AR-15-style rifles, arguing they are among the most widely owned firearms in the United States and therefore constitutionally protected under major Supreme Court rulings. The complaint also challenges restrictions on features such as threaded barrels, collapsible stocks and detachable magazines, arguing the law criminalizes commonly used firearm configurations rather than criminal behavior.
“It’s wild that lawmakers who each take an oath to uphold the Constitution insist on passing bills purposefully designed to gut it,” Second Amendment Foundation Executive Director Adam Kraut said in a statement. “The firearms and magazines banned in this law aren’t bizarre and unusual outliers, they’re among the most commonly owned guns and magazines in the country. They’re owned in the tens of millions by peaceable Americans who use them overwhelmingly lawfully. Virginia has now joined the minority of radical states to ban these constitutionally protected firearms, and in so doing, joined the club of states we’re suing over it.”
Virginia’s new law defines an “assault firearm” as certain semiautomatic rifles, pistols and shotguns with specific features, including pistol grips, folding or collapsible stocks and threaded barrels.
The lawsuit acknowledges current Fourth Circuit precedent has upheld similar bans in Maryland, but plaintiffs argue those rulings should be overturned following the U.S. Supreme Court’s 2022 Bruen decision, which reshaped how courts evaluate gun laws under the Second Amendment. The Supreme Court has previously declined to hear arguments over Maryland’s ban.
