BELLEVUE, Wash. — June 15, 2026 — The Second Modification Basis (SAF) has agreed to assist assist former Virginia Lawyer Normal Ken Cuccinelli in a problem to the state’s newly handed “assault weapons” ban.
In Could, Virginia Gov. Abigail Spanberger signed into regulation a ban on so-called “assault firearms” declaring that “…any one that imports, sells, manufactures, purchases, or transfers an assault firearm is responsible of a Class 1 misdemeanor.” The regulation additional defines an “assault firearm” as a semiautomatic rifle chambered in any caliber apart from .22 rimfire or one which comprises a litany of frequent options. The regulation additionally bans magazines able to holding greater than 15 rounds of ammunition and goes into impact on July 1.
“In contrast to different lawsuits filed difficult this ‘assault weapons’ ban, this case is exclusive in that plaintiffs are arguing they’ve the fitting to purchase the banned arms to protect their potential to perform because the militia that’s preserved underneath the Virginia structure’s Militia Clause,” Cuccinelli stated. “Most different instances are making Heller-like arguments, and we really feel this case is an effective automobile to make sure this unconstitutional ban is checked out by the courtroom from each angle.”
Virginia’s Militia Clause treats the militia as together with any able-bodied particular person inside a specified age vary who shouldn’t be already a part of an organized militia. The newly handed assault weapons ban runs afoul of the Militia Clause as a result of it prevents members of the militia from buying the arms mandatory for his or her militia service.
“Whereas SAF is already a named plaintiff in our personal federal Second Modification problem McDonald v. Katz, we felt it necessary to assist this distinctive lawsuit,” stated SAF Government Director Adam Kraut. “With regards to vindicating the rights of our members, we’ll pursue each viable authorized possibility. We’re thrilled to have been given the chance to assist this state courtroom problem with Mr. Cuccinelli and assume it enhances our ongoing federal problem very properly.”
As famous within the compliant, “The Normal Meeting can not…prohibit the physique of the folks from buying the very weapons with which they should be ready to function that militia.” Becoming a member of SAF in Curtis v. Katz are Bob’s Gun Retailer, Mike Wooden, Dustin Curtis and Daniel Hinkson. Cuccinelli is the legal professional of document for the lawsuit.
“We’ve stated it earlier than and we’ll say it once more – Virginia lawmakers outright lied to their constituency once they stated these new legal guidelines aren’t bans,” stated SAF founder and Government Vice President Alan M. Gottlieb. “As we’ve seen within the information recently, quite a few county prosecutors throughout Virginia have publicly acknowledged they won’t implement this new ‘assault weapons’ ban. When the individuals who implement the legal guidelines are refusing achieve this it ought to be a wakeup name for lawmakers that they handed an unconstitutional regulation.”
For extra info go to SAF.org.
The Second Modification Basis (saf.org) is the nation’s oldest and largest tax-exempt schooling, analysis, publishing and authorized motion group devoted to safeguarding and selling the basic rights of people enshrined within the Second Modification of the US Structure. SAF engages in aggressive authorized motion to make sure the rules of armed self-defense, private liberty, and the possession of arms are defended, secured, and restored. By way of public schooling initiatives, SAF teaches the significance of the Second Modification to advertise a society that values and workout routines the fitting to maintain and bear arms.
