The legal battle over Virginia’s firearm laws escalated rapidly this week as the Commonwealth and Attorney General Jay Jones filed an emergency appeal with the Supreme Court of Virginia. The state is aiming to overturn a newly issued preliminary injunction that temporarily halted enforcement of several gun and magazine restrictions across the state.
The move follows a recent ruling in the Lancaster Circuit Court for the case Crump v. Katz. In that decision, the court blocked the Virginia State Police from enforcing challenged bans on the acquisition, transfer, manufacture, purchase, importation, and public carry of certain commonly owned firearms and standard-capacity magazines while the overall lawsuit plays out.
The legal challenge was originally brought forward by a coalition including Gun Owners of America (GOA), the Gun Owners Foundation (GOF), the Virginia Citizens Defense League (VCDL), the Virginia Citizens Defense League Action Fund (VCDF), and journalist John Crump.
The Attorney General’s office is now asking the state’s highest court to issue a stay on that injunction, which would effectively put the restrictions back into full force during the ongoing litigation. In its legal filing, Jones’ office argued that the circuit court’s injunction creates confusion for law enforcement and interferes with “public safety.”
Gun rights advocates quickly responded to the state’s sudden legal maneuver. Representatives for Gun Owners of America announced that their legal teams will be working through the Independence Day weekend to file their opposition and protect the lower court’s ruling.
In a statement addressing the state’s appeal, the coalition cited Article I, Section 13 of the Virginia Constitution, which explicitly protects the right to bear arms. Advocates stated, “The right of the people to keep and bear arms shall not be infringed,” adding that “Jay Jones does not get to rewrite that constitutional protection simply because he does not like the judge’s ruling.”
The Supreme Court of Virginia is expected to review the state’s request for a stay in the coming days. The underlying lawsuit challenging the constitutionality of the state’s firearm bans will continue to move forward in the lower court.
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