The Second Amendment Foundation is throwing its support behind a new lawsuit aimed at stopping Virginia’s upcoming ban on certain firearms. Former Virginia Attorney General Ken Cuccinelli is the attorney of record for the case, using an unusual legal strategy that leans on the state constitution’s Militia Clause.
Back in May, Governor Abigail Spanberger signed legislation making it a Class 1 misdemeanor to buy, sell, transfer, manufacture, or import an “assault firearm.” Set to take effect on July 1, the law defines these weapons as semiautomatic rifles chambered in anything other than .22 rimfire, as well as rifles equipped with specific features. It also outlaws ammunition magazines capable of holding more than 15 rounds.
Cuccinelli noted that this particular lawsuit stands out from the rest of the legal pushback the state is facing.
“Unlike other lawsuits filed challenging this ‘assault weapons’ ban, this case is unique in that plaintiffs are arguing they have the right to buy the banned arms to preserve their ability to function as the militia that is preserved under the Virginia Constitution’s Militia Clause,” Cuccinelli said. He added that while other cases rely on different precedents, this approach ensures the court will examine the ban from every angle.
Virginia’s Militia Clause essentially counts able-bodied people within a specific age range as part of the militia, even if they aren’t part of an organized group. The lawsuit claims the new ban directly blocks these citizens from obtaining the weapons they would need for militia service. The official legal complaint argues that the General Assembly cannot “prohibit the body of the people from acquiring the very weapons with which they must be prepared to serve as that militia.”
The Second Amendment Foundation is already fighting the new law in a separate federal case called McDonald v. Katz. Even so, SAF Executive Director Adam Kraut said the group felt it was important to back Cuccinelli’s state-level effort. Kraut stated they are willing to pursue every viable legal option, calling the new lawsuit a perfect complement to their ongoing federal fight.
Along with the SAF, the state lawsuit—officially named Curtis v. Katz—includes plaintiffs Bob’s Gun Store, Mike Wood, Dustin Curtis, and Daniel Hinkson.
Meanwhile, some local officials are already pushing back against the incoming restrictions. SAF founder Alan M. Gottlieb pointed out that multiple county prosecutors across Virginia have publicly announced they have no intention of enforcing the ban.
“We’ve said it before and we’ll say it again – Virginia lawmakers outright lied to their constituency when they said these new laws aren’t bans,” Gottlieb said. “When the people who enforce the laws are refusing do so it should be a wakeup call for lawmakers that they passed an unconstitutional law.”
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