(The Center Square) – Virginia’s newly signed assault firearm ban is already facing multiple legal challenges, with gun-rights groups saying the law violates the Second Amendment and conflicts with recent U.S. Supreme Court rulings.
A federal lawsuit filed in the U.S. District Court for the Eastern District of Virginia seeks to block enforcement of Senate Bill 749 before the law takes effect July 1.
The complaint was filed by the National Rifle Association, Firearms Policy Coalition and Second Amendment Foundation alongside two Virginia residents.
Defendants named in the case include Virginia State Police Superintendent Col. Jeffrey Katz, Goochland County Commonwealth’s Attorney John Lumpkins Jr., Goochland County Sheriff Steven Creasey, Prince William County Commonwealth’s Attorney Amy Ashworth and Prince William County Sheriff Glendell Hill.
Under the legislation signed Thursday by Gov. Abigail Spanberger, it becomes illegal to import, manufacture, sell, purchase or transfer certain semiautomatic firearms and ammunition feeding devices capable of holding more than 15 rounds, with some exceptions.
Violations would be classified as Class 1 misdemeanors punishable by up to 12 months in jail and fines of up to $2,500.
According to the lawsuit, convictions under the law could also trigger a three-year prohibition on purchasing, possessing or transporting firearms.
The complaint says Virginia’s law amounts to what plaintiffs describe as a “flat prohibition” on firearms and magazines commonly owned by law-abiding Americans for lawful purposes including self-defense.
Plaintiffs cite the U.S. Supreme Court’s decisions in District of Columbia v. Heller and New York State Rifle & Pistol Association v. Bruen, arguing firearms commonly owned by Americans cannot be banned under the Second Amendment.
According to the complaint, Virginia’s exemptions do not allow “typical law-abiding citizens” to continue acquiring affected firearms after July 1.
The lawsuit further argues magazines capable of holding more than 15 rounds are standard equipment for many commonly owned firearms sold in the United States.
Opponents of the legislation have also pointed to Spanberger’s signing statement acknowledging lawmakers rejected her proposed amendment that would have carved out certain firearms frequently used for hunting.
“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,” Spanberger said in a statement released by the governor’s office.
Separately, additional state court challenges seeking to halt enforcement of the law have also been filed in Virginia circuit courts.
The U.S. Department of Justice publicly criticized the legislation before it was signed, though as of Monday morning no Justice Department lawsuit had been filed.
The Center Square was unsuccessful prior to publication getting comment from Attorney General Jay Jones.
