NSSF Funds Lawsuit Against Virginia for Unconstitutional Firearm Bans

The National Shooting Sports Foundation is funding a   lawsuit filed against the Commonwealth of Virginia over its newly enacted   HB 217 / SB 749, which the group calls an unconstitutional ban on commonly owned firearms. The suit was filed in Fauquier County Circuit Court on May 15.

Plaintiffs include individual gun owners Erick Black and Britton Condon, along with Clark’s Gun Shop, Optimus Arms, and Hexmag USA. The complaint argues that Virginia’s new law violates both the U.S. Constitution’s Second Amendment and Article I of the Virginia Constitution.

The law, signed by Governor Abigail Spanberger, bans the sale and transfer of firearms the legislature defines as "assault firearms." The NSSF says the definition is so broad that it criminalizes not just the sale of Modern Sporting Rifles and standard capacity magazines, but also commonly owned semi-automatic handguns and shotguns that Virginians regularly use for self-defense and hunting.

Lawrence G. Keane, NSSF senior vice president and general counsel, did not mince words in the group’s press release. "Governor Abigail Spanberger, and the Virginia General Assembly, are grossly violating rights held by the citizens of the Commonwealth," he said. "Denying law-abiding citizens the ability to protect themselves with the firearms of their choosing does nothing to make Virginia safer."

The lawsuit leans heavily on the Supreme Court’s decisions in   Heller and   Bruen. The NSSF points out that   over 32 million MSRs are in circulation nationwide, making them clearly "in common use" for lawful purposes. The group also notes there are a   conservatively estimated nearly one billion detachable magazines in private possession, including hundreds of millions with capacities exceeding 15 rounds, which the new Virginia law also restricts.

The suit further argues that because the ban covers rifles, pistols, and shotguns commonly used for hunting, it violates Article XI, Section 4 of the Virginia Constitution.

Virginia is already facing multiple legal challenges to the new law.   The Reload reported that the NRA, Second Amendment Foundation, and Firearms Policy Coalition also filed federal lawsuits within 24 hours of Spanberger’s signature.

TFB has covered Virginia’s legislative push extensively, including the   initial passage of the assault weapons ban and the decision by   Rideout Arsenal to relocate out of the state in response.