The Avalanche of Lawsuits Filed Against Virginia

Published on May 15, 2026
Duration: 11:42

This video provides an expert-level overview of the multiple lawsuits filed against Virginia following the enactment of an assault weapon and magazine ban. William Kirk, President of Washington Gun Law, details the four initial lawsuits (Crump v. Catz, McDonald v. Catz, Sanola v. Catz, Black v. Hook) and discusses the anticipated fifth lawsuit from the US Department of Justice. He explains the legal arguments, including the common use test and state constitutional grounds, while also tempering expectations due to unfavorable Fourth Circuit precedent.

Quick Summary

Four lawsuits, including Crump v. Catz and McDonald v. Catz, have been filed against Virginia's assault weapon and magazine ban, citing Second Amendment and state constitutional grounds. Arguments focus on the 'common use test' and the 'dangerous and unusual' standard. However, the Fourth Circuit's precedent upholding similar bans presents a significant hurdle.

Chapters

  1. 00:01Introduction: Lawsuits Against Virginia
  2. 00:44Date and Governor's Signature
  3. 01:20Lawsuit 1: Crump v. Catz
  4. 02:07Lawsuit 2: McDonald v. Catz
  5. 02:30Lawsuit 3: Sanola v. Catz
  6. 03:10State Constitutional Grounds Strategy
  7. 03:31Virginia State Constitution: Article 1, Section 13
  8. 04:14Lawsuit 4: Black v. Hook
  9. 04:43Legal Arguments: Common Use Test
  10. 05:39Anticipated 5th Lawsuit: US DOJ
  11. 06:13US DOJ Lawsuit Statute: 34 USC § 12601
  12. 07:14DOJ Standing and Timing
  13. 08:32The Bad News: Fourth Circuit Precedent
  14. 09:30The Long Game: Supreme Court
  15. 10:18Summary of Lawsuits Filed
  16. 10:39Where to Find Lawsuit Complaints
  17. 10:46Kudos to Legal Teams
  18. 11:04Contact Washington Gun Law

Frequently Asked Questions

How many lawsuits have been filed against Virginia's new assault weapon and magazine ban?

As of the video's recording, four separate lawsuits have been filed against Virginia's new assault weapon and magazine ban. These include Crump v. Catz, McDonald v. Catz, Sanola v. Catz, and Black v. Hook. A fifth lawsuit from the US Department of Justice is also anticipated.

What are the main legal arguments used in the lawsuits against Virginia's firearm ban?

The lawsuits primarily argue that the ban violates the Second Amendment and state constitutional rights. Key arguments include the 'common use test,' which states that commonly used firearms cannot be banned, and the principle that bans should only apply to arms that are both 'dangerous and unusual.'

What is the significance of the Fourth Circuit Court of Appeals' rulings on firearm bans?

The Fourth Circuit Court of Appeals has previously upheld magazine bans and semi-automatic rifle bans in cases like Colby v. Hogan and Bianchi v. Brown. These rulings have stated that military-style weapons are not protected by the Second Amendment, posing a significant challenge for current lawsuits.

When is the US Department of Justice expected to file its lawsuit against Virginia?

The US Department of Justice is expected to file its lawsuit after July 1st, when Virginia's new firearm law goes into effect. This timing is crucial for the DOJ to establish a 'pattern or practice of conduct' by state officials that deprives individuals of their Second Amendment rights, as required by statute.

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