Virginia's Semi-Automatic Gun Ban Violates Second Amendment Rights
Source: Breccan F. Thies. "Lawsuits Pour In Challenging Spanberger's Virginia Gun Grab." May 15, 2026. thefederalist.com
The Gist
The author argues that Virginia's new gun ban is illegal because it targets popular, commonly-owned firearms that the Supreme Court has said are protected. Since these guns are widely owned by law-abiding citizens, the government can't ban them under current constitutional law.
Conclusion
Virginia's new law banning semi-automatic firearms and standard-capacity magazines is unconstitutional and violates Second Amendment rights
Premises
- The law criminalizes commonly owned firearms like the AR-15, which is the most popular rifle in America
- Supreme Court precedent in Heller and Bruen establishes that banned weapons must be both 'dangerous and unusual' to be constitutionally prohibited
- The widespread ownership of these firearms and magazines in Virginia proves they are common, not unusual
- The Virginia Constitution since 1971 explicitly states 'the right of the people to keep and bear arms shall not be infringed'
- Lower courts have consistently defied Supreme Court Second Amendment rulings, requiring high court intervention
Assumptions
- Supreme Court precedent should be binding on state legislation
- Commonality of ownership determines constitutional protection
- The Second Amendment protects individual gun ownership rights
- State constitutions should be interpreted consistently with federal constitutional rights