The past couple of weeks provided a mixed bag as it relates to public policy on the statewide level. Residents of rural Virginia received positive news that their representation in Congress would not be eliminated by Virginia Democrats in the form of an unconstitutional gerrymandering referendum. The decision by the Virginia Supreme Court to invalidate the referendum was upheld by the United States Supreme Court, so that issue has been settled – albeit after millions of taxpayer dollars were spent by Democrats to push the issue. Also positive was the news that Governor Spanberger vetoed public-sector collective bargaining, which could have increased local taxes as much as $70 per month per home. Unfortunately, Governor Abigail Spanberger has signed new legislation into law that has already triggered lawsuits by Second Amendment rights organizations – a law that will ban so-called “assault firearms.” This act by Governor Spanberger sets the stage for millions more to be spent by the Commonwealth to defend a law that may be found unconstitutional.
Despite repeated warnings by Republicans that the law would certainly come under constitutional scrutiny, Governor Spanberger signed HB 217 – Democrat Delegate Dan Helmer’s bill to ban what are arbitrarily considered to be assault firearms. The law, which takes effect in July, prohibits the purchase, import, or sale of common rifles such as the AR-15. It also bans magazines that hold more than 15 rounds of ammunition. The magazine ban would affect many popular pistol models as well. Rifles and magazines owned before July 1 are grandfathered for personal ownership, but any new rifles or magazines banned by HB 217 brought into the Commonwealth after July 1 would be grounds for a class 1 misdemeanor.
The U.S Supreme Court has ruled in the Bruen and Heller cases that firearms in common use for lawful purposes are protected by the Second Amendment. In other rulings, the high court has noted that the AR-15 is the most popular – and therefore common – rifle in America. The Fourth Circuit Court of Appeals, by contrast, has upheld a similar ban on assault firearms in the state of Maryland. The U.S. Supreme Court declined to hear that case, but Justices Thomas, Alito, and Gorsuch indicated that they would have supported an official review (writ of certiorari) for the case. A case pending in the Third Circuit Court of Appeals is likely to produce a split between the Third and Fourth Circuits, which will likely prompt the U.S. Supreme Court to settle the matter.
The National Rifle Association has filed suit against HB 217 in federal court, and the United States Department of Justice has said it will bring suit to overturn the law as well. That said, Virginians should be under no illusion that the court system will fix this issue immediately. In the meantime, firearms dealers will be experiencing record-high demand for firearms that would be affected by the ban.
As it relates to firearms in the 2026 legislative session, Democrats put nearly all of their focus into banning certain types of firearms and restricting where they could be carried. They did not put forth any meaningful legislation that would have increased penalties for those who use or display firearms while committing violent felonies, and in fact, they voted against a Republican proposal that would have done just that (SB 78). It begs the question: are General Assembly Democrats actually serious when they say that they want to curb firearm crime?
As the Delegate representing the 42nd House District in the Virginia General Assembly, your concerns are my greatest priority. If ever I may be of assistance to you and your family, please do not hesitate to reach out to me at DelJBallard@House.Virginia.Gov. You can also follow me on Twitter @JasonBallardVA or like my Facebook page, Jason Ballard for Delegate, to keep up to date with what I am doing in Richmond and in our community on your behalf.
