Lancaster County Circuit Court Judge John S. Martin issued a preliminary injunction on June 25, 2026, barring the Virginia State Police from enforcing an assault weapons ban scheduled to take effect on July 1, 2026. The injunction blocks enforcement of the law against Loudoun County resident John Crump, Gun Owners of America, and the Virginia Citizens Defense League.
Judge Martin stated that the state would likely not succeed in arguing the constitutionality of the new law. He said the characteristics listed in the bill lacked any rational basis. The law would make it a Class 1 misdemeanor to import, sell, purchase, manufacture, or transfer firearms with defined characteristics and magazines holding more than 15 rounds.
The plaintiffs filed the complaint against Virginia State Police Superintendent Jeffrey Katz. They argued that the law violates a 1971 amendment to the Virginia Constitution regarding militias, which states, "A well regulated militia being necessary to the security of a free State, therefore, the right of the people to keep and bear arms shall not be infringed."
The commonwealth argued that the guns included in the ban are akin to military weapons that are especially dangerous. Judge Martin questioned why the ban did not apply to all military weapons, including M1 carbines and handguns, which remain legal. Deputy Solicitor General Trent Taylor argued that the plaintiff's theory would give Virginians the right to bear any arms, including grenade launchers. Taylor stated, "There is no absolute right to bear arms."
One week prior, a Spotsylvania judge denied a request to block the ban based on a complaint from two gun store owners who argued the measure violated the militia clause of the Virginia Constitution. The preliminary injunction issued by Judge Martin will remain in place until December 31, 2026, or until a final order is issued. The commonwealth suggested they would appeal the ruling.
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