Virginia Attorney General Jay Jones is asking judges in the multiple lawsuits against the assault weapons ban for a delay until after the United States Supreme Court takes up two related cases.
The ban, which went into law statewide on July 1, has been a complicated issue. A judge in Lancaster County first placed an injunction against the law in June, but it applied only to the Virginia State Police. Then, a judge in Washington County issued another injunction, this one is also against VSP but includes Chesapeake, York County, Frederick County, Giles County and Chesterfield County.
The Washington County judge later clarified that his injunction will be statewide beginning on July 21, opening the door for legal sales of assault-style weapons in Virginia.
Instead of immediately appealing the injunction, Jones is asking for the judges in the four related lawsuits to wait until after the Supreme Court of the United States rules on the two related cases before them.
“The United States Supreme Court is reviewing challenges involving assault weapons bans that could directly inform these cases,” the Office of the Attorney General said in a statement Wednesday. “Staying the four pending lawsuits will support the equal and fair application of the law and prevent conflicting outcomes.”
SCOTUS announced in June that it will take up two cases involving state-level assault weapons bans.
The cases are expected to be argued before the court later this year, with a ruling coming in 2027. If SCOTUS rules the bans unconstitutional, it would likely end any debate in Virginia. However, if SCOTUS rules in favor of some sort of assault weapons ban, that would still allow lawsuits to continue in Virginia courts.
This delay, in theory, would buy Virginia Democrats some time to create a more favorable environment on the Virginia Supreme Court for future appeals.
The term for Justice Arthur Kelsey, who voted against the Democrats in the redistricting case earlier this year, ends in January. The state’s highest court ruled 4-3 against redistricting.
If Democrats, who have the majority in both chambers of the General Assembly, decide to replace Kelsey instead of reappointing him, then they could appeal the rulings from circuit court judges in front of a friendlier Supreme Court next year.