A Lancaster judge issued an injunction on Thursday to bar Virginia State Police from enforcing the upcoming assault weapons ban as multiple lawsuits aim to challenge this new law.
SB749 bans the sale and transfer of what Virginia defines as assault weapons and magazines that carry over 15 rounds, with some exceptions. Violations are a Class 1 misdemeanor.
This new assault weapons ban was set to take effect on July 1. Those who already own these weapons would not have been impacted.
Watch related coverage: Some prosecutors won't enforce Virginia's incoming assault weapons ban, citing constitutional concerns
Gov. Abigail Spanberger's office shared the following statement in regards to the Lancaster ruling:
"Governor Spanberger firmly believes that firearms designed to inflict maximum casualties do not belong in our communities, near our kids and schools, or on Virginia’s streets. The Governor signed this commonsense legislation to save lives and protect law enforcement officers, kids, and families from gun violence — and the Governor remains committed to making the Commonwealth a safer place for every family.
Attorney General Jay Jones called the ruling "disappointing" in a statement sent to News 3.
"This ruling is disappointing and puts our communities at risk. The Commonwealth will urgently file a motion to stay this ruling and appeal this temporary injunction. We will continue to vigorously defend Virginia’s assault weapons ban and magazine capacity restrictions and uphold the laws designed to keep Virginians safe,” Jones said.
GOP House Minority Leader Terry Kilgore released the following statement on the judge's decision:
"Today's ruling from Lancaster County is welcome, but not unexpected. Republicans warned Democrats repeatedly during the regular session that this law was clearly unconstitutional under multiple U.S. Supreme Court rulings. We look forward to seeing this and other cases continue through the courts."
Watch related coverage: Hampton Roads gun shop owners say they will lose business from Virginia's new assault weapons ban
However, this assault weapons ban is facing notable pushback from prosecutors and interest groups alike.
The prosecutors from Goochland, Powhatan, Pulaski, Scott, Smyth, Spotsylvania, and Warren counties have sent out letters or statements in opposition to the assault weapons ban.
Spotsylvania County Commonwealth's Attorney Ryan Mehaffey says the law violates both the Virginia and U.S. constitutions' protections of the right to bear arms — a right he says has been reaffirmed by the U.S. Supreme Court several times.
"The case law is clear to me. You look at the Miller decision, you look at the Bruen decision, you look at the Heller decision," Mehaffey said. "Whatever statute is passed by the General Assembly, however well meaning it may be, it's going to be incapable of superseding the supreme law of the land, which are the constitutional protections of the people."
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