A coalition of gun owners, firearm businesses, and manufacturers is racing to stop Virginia’s new ban on Modern Sporting Rifles and standard-capacity magazines before the law takes effect this summer.
And they’re not wasting time.
A lawsuit funded by NSSF has now filed an emergency motion for a preliminary injunction in Virginia state court, asking a judge to block enforcement of the law before its July 1 effective date.
The challenge was filed in the Circuit Court of Fauquier County by plaintiffs including Erick Black, Britton Condon, Clark’s Gun Shop, Optimus Arms LLC, and Hexmag USA LLC.
At the center of the lawsuit is Virginia’s sweeping new restriction on so-called “assault weapons” and magazines capable of holding more than 15 rounds.
Critics say the law goes far beyond that label.
According to the complaint, the ban sweeps in huge numbers of common semiautomatic rifles, pistols, and shotguns based largely on cosmetic features rather than how the firearms actually function.
That includes semiautomatic rifles with detachable magazines and features like adjustable stocks or threaded barrels: things gun owners argue are standard on modern firearms used for home defense, sport shooting, and hunting.
The lawsuit also points out something hunters in particular may not love hearing: even some common semiautomatic shotguns now fall under the ban.
Lawrence G. Keane said allowing the law to take effect while litigation is ongoing would cause immediate harm to both gun owners and businesses.
“This law is unconstitutional,” Keane said, “and allowing it to be enforced would rob law-abiding citizens of Virginia of their rights protected by both the Virginia Constitution and the U.S. Constitution.”
The challenge leans heavily on the Supreme Court’s modern Second Amendment rulings, especially District of Columbia v. Heller and New York State Rifle & Pistol Association v. Bruen.
The plaintiffs argue the banned firearms are clearly “in common use” nationwide, noting there are now more than 32 million Modern Sporting Rifles in circulation across the United States along with hundreds of millions of magazines exceeding Virginia’s new capacity limit.
That “common use” standard has become one of the biggest pressure points for modern gun bans after Heller.
The lawsuit also argues Virginia cannot meet Bruen’s historical tradition test because there was no historical analogue for banning broad classes of commonly owned firearms around the time the Second Amendment was adopted.
And yes, the filing even references colonial Jamestown settlers being armed. Virginia’s penalties are no joke either.
Violating the law could reportedly bring a Class I misdemeanor charge carrying up to one year in jail and a $2,500 fine.
That’s part of why plaintiffs are pushing so aggressively for an emergency injunction before July arrives.
This case could quickly become one of the next major battlegrounds in the national fight over state-level rifle bans, especially as courts around the country continue wrestling with how Bruen applies to semiautomatic firearms and magazine restrictions.
And if the injunction gets granted before July 1, it would represent a major early setback for one of the most aggressive gun control laws Virginia has passed in years.
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