Virginia Gun Bans: Legal Skirmishes

The first of what will likely be a long series of lawsuits came and went this past week; former state attorney general Ken Cuccinelli led a lawsuit based on the premise that the ban violates the Virginia constitution:

“Unlike other lawsuits filed challenging this ‘assault weapons’ ban, this case is unique in that plaintiffs are arguing they have the right to buy the banned arms to preserve their ability to function as the militia that is preserved under the Virginia constitution’s Militia Clause,” Cuccinelli said. “Most other cases are making Heller-like arguments, and we feel this case is a good vehicle to ensure this unconstitutional ban is looked at by the court from every angle.”

Virginia’s Militia Clause treats the militia as including any able-bodied person within a specified age range who is not already part of an organized militia. The newly passed assault weapons ban runs afoul of the Militia Clause because it prevents members of the militia from acquiring the arms necessary for their militia service.

“While SAF is already a named plaintiff in our own federal Second Amendment challenge McDonald v. Katz, we felt it important to support this unique lawsuit,” said SAF Executive Director Adam Kraut. “When it comes to vindicating the rights of our members, we will pursue every viable legal option. We are thrilled to have been given the opportunity to support this state court challenge with Mr. Cuccinelli and think it complements our ongoing federal challenge very nicely.”

That one came up short - so far:

A Virginia judge has denied gun-rights activists' request to block implementation of the state's AR-15 sales ban in a case represented by former Virginia AG Ken Cuccinelli. Here's the ruling: https://t.co/eOn0bEHEZ5

— Stephen Gutowski (@StephenGutowski) June 18, 2026

More litigation is in the works:

🚨VIRGINIA 2A UPDATE ON TWO CASES: The Virginia Citizen Defense League's Philip Van Cleave reports that the Virginia Constitution Militia Clause lawsuit asking for a preliminary injunction on the pending "assault weapons" ban was heard Wednesday in Spotsylvania County, and "the… pic.twitter.com/xdELiG1oBH

— Virginia News Vanguard (@VaNewsVanguard) June 18, 2026

The Virginia Citizen Defense League's Philip Van Cleave reports that the Virginia Constitution Militia Clause lawsuit asking for a preliminary injunction on the pending "assault weapons" ban was heard Wednesday in Spotsylvania County, and "the hearing took four hours! The judge should issue his ruling soon, as July 1 is looming upon us." The case is Curtis v. Katz...Van Cleave also says the VCDL & Gun Owners of America lawsuit that ALSO asks for a temporary injunction is being rescheduled BEFORE the "assault weapons" & carry bans take effect on July 1:"The Lancaster County judge is working to set a date later this month to hear our request for a temporary injunction on the AWB and AW carry prohibition. I’ll advise once a date has been set," he said. The case is Crump v. Katz.

In the meantime,  we noted a few weeks back, not all levels of Virginia government are on board;  many sheriffs outside the DC suburbs are promising not to cooperate.   The state government is not amused:

Virginia Dems Take Aim At Sheriffs and Prosecutors As GOA & VCDL Hit Up Virginia Supreme Courthttps://t.co/tis8t6936w pic.twitter.com/PvLV2g5Gwl

— Guns&Gadgets (@Guns_Gadgets) June 17, 2026

In the meantime, the "big guns", if you will, are entering the chat:

Gun Owners of America (GOA) and Gun Owners Foundation (GOF), alongside Virginia Citizens Defense League (VCDL) and 2A journalist John Crump, have petitioned the Virginia Supreme Court for an urgent ruling in their lawsuit challenging Virginia’s upcoming ban on “assault firearms” and “large capacity ammunition feeding devices.”  The petition requests that a decision be made on the plaintiffs’ pending motion for temporary restraining order and preliminary injunction in advance of the ban’s July 1, 2026 effective date.

This petition to Virginia’s high court comes one month after GOA’s coalition of plaintiffs filed suit in the Circuit Court for Lancaster County, in Crump v. Katz.  Within days of challenging Virginia’s unconstitutional ban on commonly owned firearms and magazines, the Crump plaintiffs filed their currently pending motion to preliminarily block enforcement of the ban for the duration of their lawsuit.

As the ban goes into effect and people start suffering actual injury - which is what happens when laws go into effect - expect the pace of litigation to pick up.