(The Center Square) – A three-judge panel denied Virginia’s request Monday to consolidate four lawsuits challenging a new firearms law, allowing the cases to continue separately in circuit courts across the state.
The panel found the cases raise different legal questions and multiple causes of action, writing that “common questions of law or fact do not predominate the actions.” The judges also noted that three of the four courts had already ruled on preliminary injunction requests, making it “too late to properly prevent inconsistent rulings.”
The panel concluded the state “has not met the burden of showing the necessary factors to grant the application to transfer and it is denied.”
The ruling leaves pending lawsuits in Washington, Lancaster, Spotsylvania and Fauquier counties to proceed independently rather than before a single judge.
Attorney General Jay Jones and several commonwealth’s attorneys had asked the panel to consolidate the cases, saying they challenge the same law, raise similar constitutional issues and should be heard together to avoid conflicting rulings.
The panel disagreed, finding the lawsuits involve different statutory frameworks and fundamental legal questions despite sharing some factual connections. It also found there was no evidence of problems involving court resources or scheduling that would justify transferring the cases.
The four lawsuits challenge Senate Bill 749 and related legislation restricting the future sale, purchase, manufacture, importation and transfer of certain semiautomatic firearms and magazines capable of holding more than 15 rounds.
Two circuit courts have already issued preliminary injunctions blocking enforcement against certain defendants while the litigation continues.
A Washington County judge entered an injunction through July 1, 2027, while a Lancaster County judge entered a separate injunction through Dec. 31. A Spotsylvania County judge denied a request for an injunction, and a hearing remains pending in Fauquier County.
In a statement to The Center Square, Attorney General’s Office Communications Director Rae Pickett said the commonwealth remains confident the laws will ultimately be upheld.
“While consolidation would have provided a single, uniform path for resolving these important legal questions, the commonwealth remains steadfast in the constitutionality of these laws and optimistic they will be upheld upon final adjudication of the several cases,” Pickett said.
“These commonsense laws were passed by the General Assembly and signed into law by Governor Spanberger to prevent gun violence, protect families, and help every Virginian feel safe in their community. This office will continue to vigorously defend Virginia’s gun laws, support law enforcement, and stand up for safer communities across the commonwealth.”
The panel’s ruling addresses only whether the lawsuits should proceed together. It does not decide the constitutionality of the firearms law, which will continue to be litigated separately in the four circuit courts.
