Virginia Bans AR-15s, DOJ Threatens Suit

Virginia's governor just made a sweeping gun ban harder, broader, and more likely to end up in federal court.

Driving the news: Gov. Abigail Spanberger signed a package of gun-control bills Tuesday, then sent the centerpiece assault-firearms ban back to the legislature with amendments that Republicans say could cover nearly every common semi-automatic in the state.

The amendment that changed everything: The original bill banned semi-automatic firearms with "fixed" magazines over 15 rounds. Spanberger struck the word "fixed." That single deletion, Republicans argue, sweeps in virtually any semi-automatic rifle or pistol capable of accepting a detachable magazine larger than 15 rounds—which is most of them.

"Not only does it keep in place the de facto ban on some of the most common firearms in Virginia, it goes further and appears to create a ban on any firearm that can accept a magazine of more than 15 rounds." — House Minority Leader Terry Kilgore (R-Scott)

The federal pushback came fast. The DOJ's Civil Rights Division sent a formal warning letter Friday—before Spanberger even acted—telling Virginia's attorney general the original bill was already unconstitutional and threatening litigation if the state tries to enforce it. Assistant AG Harmeet Dhillon cited Bruen and the Supreme Court's unanimous recognition that AR-15-style rifles are widely owned for lawful purposes.

What the law would actually do:

• Ban future sale, transfer, manufacture, and importation of covered firearms and magazines over 15 rounds
• Exempt firearms legally owned before July 1, 2026, with restrictions on later transfer or sale
• Create a Class 1 misdemeanor for violations

The rest of the signed bills weren't small either. Spanberger also signed legislation requiring gun manufacturers and dealers to adopt "reasonable controls" against illegal sales—and opening them to civil suits if their products are tied to public harm. Two more bills ban leaving a firearm in plain view in an unattended vehicle and criminalize possession of ghost guns.

The constitutional math: The DOJ's position rests on Bruen's historical tradition test and the Court's repeated recognition that commonly owned firearms carry strong Second Amendment protection. A ban on guns "in common use" has failed that test before. Spanberger's amendment, by expanding the ban's reach, arguably makes the constitutional problem worse, not better.

What's next: The amended bill goes back to the Virginia General Assembly, which must vote to accept or reject Spanberger's changes. If it passes in amended form, DOJ has signaled it will file for an injunction before enforcement begins. This one is headed to court regardless of what Richmond decides.