Judge issues statewide injunction after finding challengers are likely to succeed in arguing the ban violates Virginia’s Constitutional right to keep and bear arms.
A second Virginia court has halted enforcement of the Commonwealth’s new “Assault Weapons” Ban, delivering another major victory for Second Amendment advocates just days before the law was scheduled to take effect.
The Washington County Circuit Court issued a statewide preliminary injunction preventing Virginia officials from enforcing Senate Bill 749, which would prohibit the sale and transfer of many commonly owned semi-automatic firearms and standard-capacity magazines.
In granting the injunction, the court concluded that the plaintiffs are likely to prevail on their claim that the law violates Article I, Section 13 of the Virginia Constitution, which protects the right of the people to keep and bear arms. The judge also found that the firearms targeted by the ban are commonly possessed by law-abiding citizens for lawful purposes, raising serious Constitutional concerns.
The ruling follows another Virginia court’s recent injunction blocking enforcement of the same law, adding to growing legal uncertainty surrounding the state’s sweeping gun control package.
Supporters of the ban argue it is intended to improve public safety by restricting firearms they characterize as especially dangerous. Gun rights supporters counter that the legislation criminalizes ownership of some of the nation’s most popular rifles and magazines while violating both the Virginia Constitution and the Second Amendment.
Virginia Attorney General Jay Jones has indicated the Commonwealth will appeal the decision and continue defending the law in court.
For now, the statewide injunction prevents enforcement of the ban while litigation continues, setting the stage for what could become one of the most significant Second Amendment battles in Virginia’s history.
Read more at Guns.com.
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