Judge Stops Virginia's Gun Ban Across All Counties
A Washington County Circuit Court judge ruled July 8 that Virginia's assault firearm and magazine bans cannot be enforced anywhere in the state. Judge Jeffrey L. Campbell issued the preliminary injunction in Santolla v. Katz, blocking enforcement of laws that would criminalize possession of commonly owned rifles and standard-capacity magazines.
The ruling expands protection beyond a single jurisdiction. Campbell's letter opinion clarified the injunction applies statewide, preventing Virginia law enforcement across all 95 counties from enforcing the bans while the case proceeds.
Why It Matters for Gun Owners
This decision protects Virginia gun owners from immediate arrest and prosecution. Without the injunction, carrying an AR-15, AK-pattern rifle, or magazine holding more than 12 rounds would become a felony January 1, 2025.
The ruling affirms that gun owners have a reasonable likelihood of winning on the merits. Campbell found the bans likely violate the Second Amendment as interpreted by recent Supreme Court precedent, particularly New York State Rifle & Pistol Association v. Bruen (2022).
Virginia residents can legally possess their firearms during litigation. The state cannot confiscate weapons or prosecute owners for current possession while the case moves through courts.
Gun owners in neighboring states should watch this closely. Virginia's ban targeted firearms owned by millions nationwide. A permanent injunction or favorable ruling would establish crucial precedent against similar bans in other states.
Background
Virginia's legislature passed sweeping gun restrictions in 2023. The "assault firearm" ban defined prohibited weapons broadly, covering AR-15s, AK-pattern rifles, and semi-automatic rifles with certain features. The magazine ban limited capacity to 12 rounds for most owners, 17 for law enforcement.
The NRA and individual gun owners filed suit immediately. They argued the bans violated the Second Amendment under Bruen's test: whether historical tradition supports the regulation. Since founding-era America had no magazine-capacity restrictions and Americans have owned military-style rifles for decades, the bans failed constitutional scrutiny.
The preliminary injunction came before trial on the merits. Courts grant preliminary injunctions only when plaintiffs show: (1) likelihood of success, (2) irreparable harm without the injunction, (3) balance of equities favoring the injunction, and (4) public interest support.
Campbell found all four factors present. Virginia gun owners face criminal penalties and property confiscation—irreparable harms. The Second Amendment protects individual rights. Public interest lies in protecting constitutional rights, not enforcing likely-unconstitutional laws.
The state can appeal, but Campbell's statewide ruling removes any argument that the injunction applies only to named plaintiffs or in one county.
DownRange Bottom Line
Virginia gun owners retain their rights pending final judgment. Judge Campbell rejected the state's gun ban and made clear this protection extends everywhere in Virginia.
The case continues toward trial. The state may appeal the preliminary injunction decision or ask the Virginia Supreme Court to intervene. Gun owners should expect months or years of litigation.
However, the initial ruling strongly favors Second Amendment protection. Campbell's language suggests the merits case favors gun owners significantly.
For daily carriers and shooters, this means no immediate legal jeopardy from Virginia's bans. Consult a Virginia firearms attorney about your specific situation, but the preliminary injunction blocks enforcement statewide.
