(The Center Square) – More than a week after a statewide injunction halted enforcement of Virginia’s new assault weapons ban, parts of the legal fight have entered a holding pattern as state and federal courts await guidance from the U.S. Supreme Court.
The statewide injunction took effect July 21 after Washington County Circuit Judge Jeffrey L. Campbell expanded his earlier ruling statewide, concluding a narrower injunction could create inconsistent enforcement across Virginia and fail to provide complete relief to the plaintiffs.
Campbell has since granted the defendants’ motion to pause the Washington County case, with the agreement of the parties, while the Supreme Court considers challenges to assault weapons bans in Illinois and Connecticut.
The stay does not lift the injunction. Under Campbell’s order, it remains in place until further order of the court or no later than 60 days after the Supreme Court decides the two cases, whichever comes first.
The Washington County lawsuit is one of four state court challenges to Senate Bill 749 and House Bill 217, which took effect July 1. The law prohibits the future manufacture, import, sale, purchase and transfer of certain semiautomatic firearms and magazines capable of holding more than 15 rounds. Virginians who legally possessed the affected firearms and magazines before the law took effect may continue possessing them.
A separate federal lawsuit, McDonald v. Katz, has been stayed after the plaintiffs filed a consent motion asking the court to pause proceedings pending the Supreme Court’s review.
Not all of the litigation has stopped. A challenge filed in Lancaster County remains pending, with a pretrial motion hearing scheduled for Aug. 21 at 1 p.m., according to the Lancaster County Circuit Court docket.
A three-judge panel appointed by the Virginia Supreme Court denied the state’s request to consolidate the four state lawsuits, allowing them to continue separately in circuit courts.
In an interview with The Center Square’s “The States,” Philip Van Cleave, president of the Virginia Citizens Defense League, said the statewide injunction has allowed most firearms dealers to resume selling firearms and magazines covered by the law.
“Most gun stores are back to selling ARs,” Van Cleave said. “They’re back to selling magazines that hold more than 15 rounds.”
The Supreme Court granted review June 30 in Viramontes v. Cook County and Grant v. Higgins. The Supreme Court’s rulings could shape how lower courts evaluate Virginia’s law and similar firearm restrictions.
Until then, Campbell’s statewide injunction remains in effect unless the court modifies it.
