United States v. Virginia

The Department of Justice sues the state of Virginia to halt a newly enacted law that bans the purchase and sale of semi-automatic rifles.

On July 1, 2026, the U.S. Department of Justice (DOJ) filed suit against the Commonwealth of Virginia to block implementation of Virginia’s new firearm safety legislation. The DOJ asserts that the law, which prohibits the purchase and sale of certain semi-automatic rifles, unconstitutionally infringes on the Second Amendment.  

Senate Bill 749, which was scheduled to take effect on July 1, 2026, prohibits the manufacture, sale, purchase, importation and transfer of certain semiautomatic firearms, including AR-15-style rifles, along with large-capacity magazines. It does not require current owners to surrender firearms they already legally possess and exempts manually operated firearms, antique firearms, and permanently disabled firearms. Governor Abigail Spanberger had previous stated, “I am signing this bill into law because firearms designed to inflict maximum casualties do not belong on our streets. We are taking this step to protect families and support the law enforcement officers who work every day to keep our communities safe.”   

The lawsuit argues that Virginia’s enforcement of the new ban would deprive the citizens of Virginia of their constitutional right to buy and sell arms protected by the Second Amendment. The DOJ is requesting the court to issue a declaratory judgment with regard to the statute, and to block Virginia from enforcing the ban. 

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