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Judge issues injunction stopping VSP from enforcing July 1 assault weapons ban

Judge issues injunction stopping VSP from enforcing July 1 assault weapons ban

Photo: Metro Services


CHARLOTTESVILLE, VA (CVILLE RIGHT NOW) – One of the plaintiffs in the Lancaster County lawsuit that has resulted in an injunction against Virginia’s assault weapons ban defended those types of guns during an appearance on the Schilling Show on Friday.

“The AR-15 is not a weapon of war,” said Philip Van Cleave, President of the Virginia Citizens’ Defense League, which is one of the plaintiffs in the suit along with Gun Owners of America and Loudoun County resident John Crump who is a firearms journalist. “People have said it could be, and yeah it could be because any firearm could be a weapon of war, and the American people are counting on if the government ever turned tyrannical, if it ever turned against the people, that those AR-15s would be weapons of war to take our country back.”

On Thursday, Lancaster County Circuit Judge John Martin ruled characteristics of weapons outlined in the legislation the General Assembly passed and Governor Abigail Spanberger signed, such as folding stocks and threaded barrels, lack a rational basis.

“Our injunction prevents the Virginia State Police from enforcing the firearm, magazine, and carry bans while our case moves through the courts,” said the Gun Owners of America in a statement. “As it currently stands, the temporary injunction delays enforcement from July 1, 2026, until December 31, 2026.”

Virginia Attorney General Jay Jones released a statement that the Commonwealth, “will urgently file a motion to stay this ruling and appeal this temporary injunction”.

“Gun violence is the key driver of violent crime in this Commonwealth and nation, and assault weapons are designed intentionally to inflict maximum damage in a matter of seconds,” said Jones in the statement. “The assault weapons ban passed by the General Assembly and signed by the Governor will save lives in the Commonwealth and is compliant with the Constitution of Virginia.”

We will continue to vigorously defend Virginia’s assault weapons ban and magazine capacity restrictions and uphold the laws designed to keep Virginians safe,” Jones wrote.

Van Cleave argued the magazine limitation of 15 rounds is arbitrary.

“That’s all stupid,” Van Cleave said. “Even the commission set up after the Virginia Tech shootings by (former Gov. Tim) Kaine, they looked at the situation with magazines and said if (the assailant) had been limited to 10-round magazines it would have made no difference in the outcome.”

“We know it’s a joke, we know this is not going to reduce crime. And, of course none of this is about reducing crime, it’s all about putting gun owners in a weaker position,” said Van Cleave.

 

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