Court challenges to Virginia SB 749 and other 2026 gun laws. A successful injunction could delay or block the July 1 deadline. Updated as cases develop.
VCDL, with NRA-ILA support, has filed a federal Second Amendment challenge to SB 749's assault firearms ban and magazine restrictions. The case argues that semi-automatic firearms with common features are constitutionally protected arms under Bruen and Heller, and that Virginia's definition is unconstitutionally overbroad.
The Firearms Policy Coalition has indicated it is pursuing legal action against Virginia SB 749. FPC has been aggressive in post-Bruen litigation and has achieved preliminary injunctions in other states against similar AWB laws (Maryland, Illinois). Their Virginia case may be combined with or parallel to the VCDL filing.
Gun Owners of America and the Gun Owners Foundation are monitoring the Virginia situation and may file independent challenges or join existing cases. GOA has been active in Virginia state legislature advocacy and has litigated Second Amendment cases in multiple jurisdictions post-Bruen.
The legal landscape for AWB challenges has shifted dramatically since the Supreme Court's 2022 decision in New York State Rifle & Pistol Association v. Bruen, which established a new "text, history, and tradition" test for evaluating Second Amendment challenges.
Under Bruen, the government bears the burden of demonstrating that a challenged regulation is consistent with the nation's historical tradition of firearm regulation. Courts have reached different conclusions on AWBs — some granting injunctions (Maryland, Illinois), others upholding them.
Key argument: AR-15-pattern rifles are "in common use" (estimated 24+ million in civilian hands). Heller explicitly protects arms "in common use for lawful purposes." The challengers will argue Virginia's definition sweeps up commonly-owned firearms protected by the Constitution.
We'll email you immediately if a court issues an injunction or significant ruling. This is the most time-sensitive alert we offer.