Virginia judge lets assault firearms restrictions take effect July 1

By Shirleen Guerra

(The Center Square) – A Virginia judge denied a request Thursday to temporarily block the state’s new assault firearms restrictions, leaving them on track to take effect July 1 while a lawsuit challenging the law moves forward.

Spotsylvania County Circuit Judge William E. Glover denied a preliminary injunction in Curtis v. Katz, a case brought by gun rights advocates challenging the law under the Virginia Constitution.

Glover acknowledged the plaintiffs could be harmed if the law is later ruled unconstitutional, but said they did not meet the legal standard required to temporarily stop the restrictions from taking effect.

The lawsuit argues the law violates Article I, Section 13 of the Virginia Constitution by preventing citizens from owning firearms the plaintiffs say are protected under the state’s militia clause.

Glover disagreed at this stage of the case.

He wrote he is “currently persuaded that both the history and practice surrounding Sec. 13 establish no individual right to possess military style weapons by members of the unorganized militia.”

This means the judge said he does not believe Virginia’s militia clause creates an individual right to own military-style firearms.

Glover also found the balance of hardships and the public interest favored allowing the law to take effect while the lawsuit continues, writing that the General Assembly and Gov. Abigail Spanberger enacted the legislation to promote public safety.

The law bans the future sale, purchase, manufacture, import and transfer of certain assault firearms and limits sales of magazines capable of holding more than 15 rounds. People who legally own those firearms before July 1 generally may keep them.

Attorney General Jay Jones welcomed the ruling.

“The court’s decision today in Curtis v. Katz is an important step in ensuring that Virginia’s assault weapons ban will go into effect on July 1,” Jones said in a statement. “The commonwealth will defend against any appeal in this case and will continue to defend the assault weapons ban in every case to keep Virginians safe.”

The lawsuit was filed May 19, five days after Spanberger signed the legislation. Following four hours of arguments Wednesday, Glover directed attorneys representing Virginia State Police Superintendent Jeffrey Katz to submit a proposed order by Monday.

The ruling does not decide whether the law is constitutional. The lawsuit will continue after the restrictions take effect July 1.