The three-judge panel formed by the Virginia Supreme Court declined to consolidate the lawsuits challenging the assault weapons ban in Virginia.
“Separate cases have already presented arguments and declarations on the issue of whether a preliminary injunction should be granted in the various jurisdictions where the cases are filed,” the ruling from the panel states. “Further the courts have ruled on those preliminary injunctions in three of the four cases. It is too late to properly prevent inconsistent rulings.”
The panel was appointed on June 3 after Attorney General Jay Jones and multiple commonwealth’s attorneys asked the court to combine four lawsuits filed in Washington, Lancaster, Spotsylvania and Fauquier counties challenging the ban that went into effect on July 1.
In its application, the attorney general’s office argued the lawsuits raise largely identical constitutional questions and should be heard together to avoid conflicting rulings from courts across Virginia.
Jones’ office said all four cases challenge the same statute, rely on similar arguments under Article I, Section 13 of the Virginia Constitution and seek injunctions preventing enforcement of the law.
Judges in Washington and Lancaster have already issued injunctions against the ban. Both injunctions are for Virginia State Police, and Washington County’s is in place for Washington County, Chesapeake, York County, Frederick County, Giles County and Chesterfield County.
A judge in Spotsylvania ruled against an injunction, and the hearing in Fauquier County has not taken place.
These separate cases will continue to be heard on their own.
“While consolidation would have provided a single, uniform path for resolving these important legal questions, the Commonwealth remains steadfast in the constitutionality of these laws and optimistic they will be upheld upon final adjudication of the several cases,” said Rae Pickett, communications director for Jones. “These commonsense laws were passed by the General Assembly and signed into law by Governor Spanberger to prevent gun violence, protect families, and help every Virginian feel safe in their community. This Office will continue to vigorously defend Virginia’s gun laws, support law enforcement, and stand up for safer communities across the Commonwealth.”
The rulings caused some confusion, and most gun dealers across the commonwealth stopped selling the banned guns on July 1.
Last week, Jones’ office released guidance stating that the ban is in effect across most of the commonwealth.
“The new laws remain in force,” his office said in the update, while noting that individuals and businesses with questions about how the injunctions apply to their circumstances should seek legal advice.
State Sen. Bill Stanley, R-Franklin, who represented the plaintiffs in the Washington County lawsuit, disagreed with Jones’ interpretation of the ruling.
“The Attorney General’s office has unfairly mischaracterized the scope and effect of the Washington County Injunction, likely for the improper purpose of chilling all Virginians from exercising their constitutional right to keep and bear arms,” Stanley said. “However, the enforcement of these unconstitutional laws anywhere in the Commonwealth of Virginia, by any law enforcement officer, and against any person or business, is strictly prohibited by this injunction.”
In the days leading up to July 1, Virginia saw a record number of background checks for gun sales. The FBI logged highest monthly number ever — 124,319 background checks — in June.
Philip Van Cleave, the president of the gun rights group Virginia Citizens Defense League, praised the decision in a social media post Monday afternoon.
“Major win on Virginia’s AWB,” he wrote. “I hope Jay bought a really large bottle of Excederin last week.”