A circuit court judge in Spotsylvania County declined to allow a preliminary injunction request against the new assault weapon ban in Virginia.
The plaintiffs, including former Attorney General Ken Cuccinelli, sought a preliminary injunction, arguing the laws violate the Virginia Constitution’s right to bear arms provision, specifically Article I, Section 13. They argued that the provision protects an individual right for members of Virginia’s “unorganized militia” to possess military-style firearms, including AR-15-style rifles and certain handguns.
The defendants, including Virginia State Police Superintendent Jeffrey Katz, argued that the militia clause is a structural provision that gives the government authority to organize and regulate the militia, not an individual right to own military-style weapons.
The judge ruled against the injunction, saying the plaintiffs had not convinced him they could win on the merits.
The ruling does not decide the ultimate constitutionality of the firearm restrictions. It only denies the preliminary injunction request. The lawsuit will continue, meaning the plaintiffs can still argue that the laws violate the Virginia Constitution and seek a final ruling.
“The Court’s decision today in Curtis v. Katz is an important step in ensuring that Virginia’s assault weapons ban will go into effect on July 1,” said Attorney General Jay Jones. “The Commonwealth will defend against any appeal in this case and will continue to defend the assault weapons ban in every case to keep Virginians safe.”
The Virginia Supreme Court recently convened a panel to determine whether several other lawsuits challenging the assault weapons ban should be consolidated into a single case.