NSSF, The Firearm Industry Trade Association, is funding a lawsuit filed today against the Commonwealth of Virginia for violating both the U.S. Constitution and the Virginia Constitution. Virginia’s expansive new law, HB 217 / SB 749, bans the sale and transfer of firearms that are expressly protected for private ownership by both the federal and state constitutions.
“Governor Abigail Spanberger, and the Virginia General Assembly, are grossly violating rights held by the citizens of the Commonwealth. The constitutions of the United States and the Commonwealth of Virginia expressly prohibit the government from infringing on the right to keep and bear arms,” said Lawrence G. Keane, NSSF Senior Vice President and General Counsel. “Further, the U.S. Supreme Court has recognized that firearms in common use are protected from radical gun control. Denying law-abiding citizens the ability to protect themselves with the firearms of their choosing does nothing to make Virginia safer. The only thing this unconstitutional law does is surrender the freedoms that the Founding Fathers, including Virginians George Washington, Thomas Jefferson and James Madison — who authored the U.S. Constitution’s Second Amendment — so wisely fought for and sought to protect to ensure freedom from tyranny.”
The NSSF-funded complaint, filed by Erick Black, Britton Condon, Clark’s Gun Shop, Inc., Optimus Arms, LLC and Hexmag USA, LLC, in Virginia’s Circuit Court of Fauquier County, details that HB 217 / SB 749 criminalizes not just the sale or transfer of commonly-owned Modern Sporting Rifles (MSRs) and standard capacity magazines, but also commonly owned handguns and shotguns Virginians regularly use for self-defense and hunting. The overly broad definitions of what is wrongfully defined as an “assault firearm” disenfranchise Virginians of their right to keep and bear arms, which are protected by the U.S. Constitution’s Second Amendment and Article I of the Virginia Constitution.
The U.S. Supreme Court’s Heller decision held that firearms in common use are protected by the Second Amendment. That holding precludes bans on the legal sale of MSRs, which number over 32 million in circulation. Likewise, there are a conservatively estimated nearly 1 billion detachable magazines in private possession and hundreds of millions with a capacity exceeding 15 rounds. Many commonly owned pistols are equipped with 17-round magazines, which HB 217 / SB 749 now criminalizes. The law’s expansive definition of “assault firearm” wraps in many commonly owned semiautomatic shotguns and handguns, which will be unlawful to purchase or bear in Virginia.
Virginia’s HB 217 / SB 749 fails the Supreme Court’s Bruen “history and tradition” test, as there were no analogous laws banning the lawful acquisition or bearing of firearms at the Nation’s founding. In fact, it is well documented that rifles with a capacity greater than 15 rounds were available and possessed by Americans when the Second Amendment was adopted in 1791.
Additionally, because HB 217 / SB 749 bans rifles, pistols and shotguns commonly used for hunting, it violates Article XI, Section 4 of the Virginia Constitution.