After the Democrats took power recently, they went on a frenzy of tax and liberal legislative measures. The sharp move to the far left is out of sync with a purple state that remains roughly evenly divided. While Spanberger (who ran on being a moderate) has pushed forward many of these measures, she sought to moderate one bill banning so-called “assault firearms.”
Spanberger released a statement that:
“I am signing this bill into law because firearms designed to inflict maximum casualties do not belong on our streets. We are taking this step to protect families and support the law enforcement officers who work every day to keep our communities safe. While the General Assembly chose not to adopt my amendment that specifically carves out certain firearms frequently used for hunting, I will work with the patrons to clarify this language.” (emphasis added)
The governor’s acknowledgment that the law covers common hunting models will likely be cited in Second Amendment challenges. If the law is not amended, she could prove the main witness against her own signed legislation.
Even with such an amendment, the bill is problematic. I have previously written about my skepticism over bans on AR-15s and other so-called “assault weapons,” though some courts have upheld such bans.
We have a Second Amendment protection of gun ownership, with over 490 million guns in private hands, as of 2022. In 2008, the Supreme Court handed down a landmark ruling in District of Columbia v. Heller, recognizing the Second Amendment as encompassing an individual right to bear arms. The Supreme Court further strengthened the right in New York State Rifle & Pistol Association Inc. v. Bruen.
The AR-15 is the most popular gun in America and the number of these guns in private hands is continuing to rise rapidly, with one AR-15 purchased in every five new firearms sales. There are an estimated 32 million currently in private hands in the United States, according to the National Shooting Sports Foundation.
These AR-15s clearly are not being purchased for armored deer. Many are purchased for personal and home protection; it is also popular for target shooting and hunting. Many gun owners like the AR-15 because it is modular; depending on the model, you can swap out barrels, bolts and high-capacity magazines, or add a variety of accessories. While it does more damage than a typical handgun, it is not the most powerful gun sold in terms of caliber; many guns have equal or greater caliber.
Again, lower courts are divided on both the bans on semiautomatic weapons and the magazine bans. Eventually, the Supreme Court will have to resolve the question. If the Virginia law remains unchanged, Spanberger may find that her signing statement will feature greatly in the appeal.