Despite pending legal challenges at the state and local level, Arlington prosecutors still consider Virginia’s new assault weapons ban the law of the land.
“Yes, we plan to prosecute cases under the assault weapons ban if they are brought to us by the police,” Commonwealth’s Attorney Parisa Dehghani-Tafti told ARLnow, taking a position that tracks with the view of Virginia Attorney General Jay Jones.
A ban on sales and manufacturing of assault firearms was approved by Virginia legislators to go into effect on July 1, but currently faces a lawsuit from the Trump administration as well as four separate lawsuits in Fauquier, Washington, Lancaster and Spotsylvania counties.
“The Constitution is not a suggestion, and the Second Amendment is not a second-class right,” Acting Attorney General Todd Blanche said in a news release announcing the federal litigation.
In a July 1 statement, Jones wrote that Virginia State Police were barred from enforcing the new laws, as were commonwealth’s attorneys in Washington, York, Frederick, Giles and Chesterfield Counties, as well as the city of Chesapeake — all of whom were named as defendants in a case where courts have issued injunctions.
“Otherwise, the new laws remain in force, and these injunctions do not bind individuals not named in those suits, such as non-defendant Commonwealth’s Attorneys or local law enforcement agencies,” the attorney general wrote.
He clarified that a preliminary injunction bars the ban from being enforced, but it doesn’t void or invalidate the new law.
Virginia Gov. Abigail Spanberger, a Democrat, signed legislation sponsored by Fairfax County state Sen. Saddam Azlan Salim (D-37) and Del. Dan Helmer (D-10) on May 14 that classifies the sale, manufacturing, purchase and transfer of assault guns as a Class 1 misdemeanor, which can be punished with up to a year in jail.
Spanberger’s office defended the law, saying that the governor believes “firearms designed to inflict maximum casualties do not belong in our communities, near our kids and schools, or on Virginia’s streets.”
Virginia defines an “assault firearm” as a semiautomatic rifle, pistol or shotgun with certain characteristics, such as “a fixed magazine capacity in excess of 15 rounds,” a folding or collapsible stock, and the ability to be outfitted with a detachable magazine or silencer.
The bill included exemptions for inoperable, manually-operated or antique guns, as well as for firearms used in law enforcement and government duty. The ban also wouldn’t apply to guns obtained before the legislation takes effect.
In light of the Trump administration’s lawsuit, Helmer pointed to the 2025 elections, which saw Democrats sweep Virginia’s three statewide offices and expand its majority in the House of Delegates, as a voter “mandate to take action against gun violence.”
“We are going to fight this tooth and nail,” Helmer said in a statement. “We are going to continue to work every single day to deliver a future for Virginia’s children that is free from the specter of gun violence. And we are not going to cave to an authoritarian regime that chooses profits over innocent lives.”
Salim similarly defended the legislation, calling the Justice Department’s lawsuit a “predictable attempt by the national gun industry to freeze progress.” He noted that an appeals court determined in 2024 that a Maryland law regulating “military-style” weapons didn’t violate the Second Amendment because it dealt with guns designed for combat, not self-defense.
“I respect the legal process and welcome judicial review, but the people of Virginia will not accept excuses while families keep paying the price,” the state senator said in a statement. “I thank Attorney General Jones for vigorously defending SB749 because Virginians deserve to live, learn, and worship without the threat of mass violence.”
States controlled by Democrats and those led by Republicans have diverged in recent years over gun legislation, with some Republican states passing laws to relax firearm restrictions.
The U.S. Supreme Court said on June 30 that it will take up another major Second Amendment case. The justices will consider whether bans on semiautomatic rifles violate the Constitution. Arguments are expected in the fall.
The court, which has a conservative majority, has expanded gun rights, including in two cases this term. In one of the cases, the court struck down a law in Hawaii that required people to get permission to bring firearms onto privately owned property, while the other related to gun ownership for people who regularly partake in marijuana.
The Virginia General Assembly did pass other gun-related legislation this year that took effect today, including new laws involving gun transfers by people facing protective orders or assault convictions, secure gun storage in unattended vehicles, and universal background checks.
Spanberger also signed Del. Garrett McGuire’s HB 1524, which prohibits the open carry of assault-style weapons in public areas, but a budget amendment accepted by the General Assembly on Monday (June 29) delayed its effective date to July 1, 2027.
