New Virginia law banning `assault firearms’ prompts quick lawsuits from gun-rights groups

Virginia Gov. Abigail Spanberger has signed legislation banning the sale and manufacture of certain semi-automatic firearms, prompting immediate lawsuits from gun-rights groups.

The limits on “ assault firearms,” as they are described by the legislation, are among two dozen new restrictions and regulations on guns enacted by the Democratic governor in her first few months in office. That marks a sharp policy reversal from her Republican predecessor, who had vetoed many similar measures.

“Firearms designed to inflict maximum casualties do not belong on our streets,” Spanberger said in a statement Friday. “We are taking this step to protect families and support the law enforcement officers who work every day to keep our communities safe.”

The new gun restrictions move Virginia closer to the likes of California, Illinois and New York, which similarly have full Democratic control of their legislatures and governors’ offices. They also highlight a continued national divide on gun policy, as various Republican-led states have taken steps to relax firearm restrictions that they describe as an infringement on Second Amendment rights.

A dozen states now target semi-automatic firearms

The new Virginia law, which takes effect July 1, will make it a misdemeanor, punishable by up to a year in jail and a $2,500 fine, for people to buy, sell, transfer, import or manufacture an “assault firearm.”

The measure defines that term to include semi-automatic rifles or pistols with a magazine capacity of more than 15 rounds. It also includes firearms with other characteristics, such as rifles capable of accepting a detachable magazine that have a second handgrip or a collapsible stock. The prohibition also applies to magazines capable of holding more than 15 rounds. For most people, there’s no penalty for merely possessing such weapons.

Eleven other states and Washington, D.C., already have laws prohibiting the sale an manufacture of certain semi-automatic firearms, though the details vary. Hawaii, for example, prohibits certain semi-automatic pistols and high-capacity magazines, but not semi-automatic rifles.

Gun-rights groups challenge the Virginia law

Legal challenges came swiftly after Spanberger signed the legislation Thursday. The National Rifle Association, joined by other groups, sued in both federal and state court, asserting violations of the right to bear arms.

“The firearms and magazines banned in this law aren’t bizarre and unusual outliers, they’re among the most commonly owned guns and magazines in the country,” said Adam Kraut, executive director of the Second Amendment Foundation, which joined the NRA in the federal lawsuit. “They’re owned in the tens of millions by peaceable Americans who use them overwhelmingly lawfully.”

The U.S. Department of Justice also vowed to sue to block the Virginia law from being enforced.

The Virginia measure would “infringe on the Second Amendment rights of law-abiding citizens to enjoy and use AR-15 rifles for lawful purposes by making it a crime to purchase and sell them,” Harmeet Dhillon, assistant attorney general for the department’s civil rights division, wrote in an April letter to Spanberger.

Courts have upheld other bans on semi-automatic weapons

So far, laws restricting certain semi-automatic firearms generally have been upheld, including by the 4th Circuit Court of Appeals, which covers Virginia, Maryland and several additional states.

That appellate court twice upheld a Maryland law banning dozens of types of semi-automatic weapons, describing them a 2024 ruling as “military-style weapons” that are ill-suited for self-defense. It concluded that “the Maryland law fits comfortably within our nation’s tradition of firearms regulation.”

The U.S. Supreme Court last year declined to hear a challenge in that Maryland case. But gun-rights advocates remain hopeful of a different outcome in future cases, noting that three conservative justices on the nine-member court disagreed with the decision and a fourth expressed skepticism that such firearm bans are constitutional.

A change in governor leads to a change in laws

Former Republican Virginia Gov. Glenn Youngkin vetoed legislation each of the past two years that would have prohibited the sale of certain semi-automatic firearms.

But Youngkin’s term ended in January, and he was succeeded by Spanberger. The transition presented a huge opportunity for advocates of gun restrictions, who already had support within the Democratic-led Legislature.

Spanberger, a former CIA officer and U.S. House member, had previously been a volunteer with Moms Demand Action, a group founded after a shooting at Sandy Hook Elementary School in Connecticut claimed the lives of 26 people in 2012. The group lists 20% of the Democrats in the Virginia House as its past volunteers.

“The fact that a former Moms Demand Action volunteer just signed an assault weapons ban in the home state of the NRA speaks volumes about how dramatically the political calculus around gun safety has shifted,” said John Feinblatt, president of Everytown for Gun Safety, the umbrella organization for Moms Demand Action..

Republican states act to expand gun rights

While Virginia tightens gun regulations, many Republican-led states have been expanding gun rights.

On the same day Spanberger signed the semi-automatic firearm restrictions, Missouri’s Republican-led Legislature gave final approval to legislation creating a school ranger program that could let trained volunteers carry firearms in schools.

A law signed by Spanberger last month raised the age to purchase a handgun in Virginia from 18 to 21. By contrast, Republican West Virginia Gov. Patrick Morrisey signed a law last month lowering the age from 21 to 18 for carrying concealed guns without a state permit.

Yet another law signed by Spanberger last month opens new grounds for lawsuits against the firearms industry. That came shortly after Republican Utah Gov. Spencer Cox signed a law limiting liability lawsuits against the firearms industry.