Virginia Gun Ban Bill Turns Law-Abiding Citizens into Criminals

A Virginia gun ban bill has been sent to Gov Abigail Spanberger after passing through the Virginia legislatures.

A hugely restrictive gun ban bill passed the Virginia assembly – both the House and Senate – and is headed to Abigail Spanberger for signature.

Yet another piece of anti-gun legislation has made it out of the General Assembly and is on its way to Governor Spanberger.

Today, March 9th, The Senate concurred with House amendments to pass Senate Bill 749, banning certain semi-automatic firearms, including many semi-automatic rifles, pistols and shotguns, and arbitrarily limits magazine capacities. This bill is an attempt to redefine and ban firearms that are in common use by law-abiding citizens.

Additionally, the Senate passed a substitute for House Bill 217prohibiting legal adults under the age of 21 from possessing certain firearms, and the House passed a substitute for Senate Bill 115, jeopardizing concealed carry reciprocity agreements. Both bills now return to their chamber of origin for concurrence. NRA-ILA

What’s in the bill? Here is an excerpt:

“1. A semi-automatic center-fire rifle or pistol with a fixed magazine capacity in excess of 15 rounds;

“2. A semi-automatic center-fire rifle that has the ability to accept a detachable magazine, not including an attached tubular device designed to accept and capable of operating only with .22 caliber rimfire ammunition, and that has one or more of the following characteristics: (i) a folding, telescoping, or collapsible stock; (ii) a thumbhole stock or pistol grip that protrudes conspicuously beneath the action of the rifle; (iii) a second handgrip or a protruding grip that can be held by the non-trigger hand; (iv) a grenade launcher; or (v) a threaded barrel capable of accepting (a) a muzzle brake, (b) a muzzle compensator, (c) a sound suppressor, or (d) a flash suppressor;
“3. A semi-automatic center-fire pistol that has two or more of the following characteristics: (i) a second handgrip or a protruding grip that can be held by the non-trigger hand; (ii) the capacity to accept a magazine that attaches to the pistol outside of the pistol grip; (iii) a shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the pistol with the non-trigger hand without being burned; (iv) a threaded barrel capable of accepting (a) a sound suppressor, (b) a flash suppressor, (c) a barrel extender, or (d) a forward handgrip; or (v) a buffer tube, arm brace, or other part that protrudes horizontally behind the pistol grip and is designed or redesigned to allow or facilitate the firing of a firearm from the shoulder;
“4. A semi-automatic shotgun that expels single or multiple projectiles by action of an explosion of a combustible material that has one of the following characteristics: (i) a folding, telescoping, or collapsible stock; (ii) a thumbhole stock or pistol grip that protrudes conspicuously beneath the action of the shotgun; (iii) the ability to accept a detachable magazine; (iv) a fixed magazine capacity in excess of 15 rounds; or (v) any characteristic of like kind as enumerated in clauses (i) through (iv);
“5. A shotgun with a revolving cylinder;
“6. A firearm that has the capacity to accept a belt ammunition feeding device; or
“7. A firearm that has been modified to be operable as an assault firearm as described in subdivisions 1 through 6.” WTVR

Virginia is home to hundreds of hunters, gun enthusiasts, and law-abiding folks who are about to become criminals. Hopefully it will be sent to the court system immediately.

Will it pass Constitutional muster? Hopefully not, and this is why:

In District of Columbia v. Heller (2008), the Supreme Court ruled that the Second Amendment protects an individual right to keep and bear arms for lawful purposes like self-defense.

Heller struck down D.C.’s handgun ban and confirmed that the right covers firearms in common use today, including semi-automatic rifles and pistols owned by millions for self-defense and other lawful purposes. It also made clear that “bear” means carrying outside the home.

Virginia’s SB 727 bans carrying many of these common semi-automatic center-fire rifles, pistols, and shotguns (called “assault firearms” in the bill) on any public street, road, alley, sidewalk, public right-of-way, park, or other place open to the public statewide, even unloaded in a vehicle. Violation is a Class 1 misdemeanor.

This directly conflicts with Heller by criminalizing possession and transport of common arms in public, burdening the right to bear arms without historical justification (especially under the 2022 Bruen test building on Heller). McDonald v. Chicago (2010) made Heller apply to states like Virginia.

If signed, SB 727 faces strong lawsuits and is likely unconstitutional. @NOVADroneReport

In addition to the anti-gun portions, the anti-carry portions are    years.  just as bad. It bans carry and transport of the guns in the bills on public property. It requires firearms businesses to be “responsible” and allows the VA Attorney General (remember the guy who wanted a Republican dead?) and other people to sue them. It bans ordinary people from building their own firearms as has been done for over 200 years. [NRA ILA]

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Faye Higbee

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