Virginia's 'Assault Firearm' Ban Faces Federal Lawsuit Over Constitutionality

Virginia has become the twelfth state to enact a ban on "assault weapons," a law Governor Abigail Spanberger signed on April 13. The Firearms Policy Coalition (FPC) and two other Second Amendment advocacy groups now argue the law is unconstitutional in a lawsuit filed Thursday in the U.S. District Court for the Eastern District of Virginia.

Lawsuit Challenges Virginia's New Firearm Restrictions

In McDonald v. Katz, the plaintiffs claim the law violates the Second Amendment by criminalizing constitutionally protected conduct. Brandon Combs, President of the FPC, stated,

"Spanberger's insane law criminalizes constitutionally protected conduct and bans arms the Second Amendment protects. We're going to force Governor Spanberger and other government thugs to follow the Constitution and respect the Second Amendment, full stop."

How Virginia Defines 'Assault Firearms'

The law prohibits the manufacture, import, sale, purchase, or transfer of "assault firearms," defined as semiautomatic center-fire rifles with detachable magazines that include any of the following features:

• A folding or adjustable stock
• A thumbhole stock or pistol grip
• A second handgrip or protruding grip for the nontrigger hand
• A grenade launcher
• A threaded barrel for attaching suppressors or compensators

This definition includes popular firearms such as AR-15-style rifles.

Common Firearms Targeted by the Ban

According to the National Shooting Sports Foundation (NSSF), Americans own over 32 million "modern sporting rifles," a term the industry uses for models targeted by bans like Virginia's. Survey data suggests that between 16 million and 25 million Americans have owned AR-15-style rifles, which are commonly used for self-defense, hunting, and target shooting. Such rifles are rarely involved in criminal activity.

The lawsuit cites FBI statistics from 2014 to 2023, noting that rifles of any type were used in an average of 380 homicides per year. Even if every homicide involved an AR-15-style rifle, the plaintiffs argue, over 99.99% of such rifles would not be used in homicides annually. In comparison, handguns were used in an average of 7,044 homicides per year, knives in 1,593, and personal weapons like hands and feet in 692.

Legitimate Uses of Prohibited Features

The lawsuit highlights that features targeted by Virginia's ban, such as folding or telescoping stocks, serve legitimate purposes. These include easing carriage during hunting, safe transportation in vehicles or boats, and enhancing home defense by allowing safe storage and maneuverability in confined spaces. Adjustable stocks also improve firearm safety by fitting individual shooters.