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Home – Virginia Politics & News – Virginia’s Gun Law Under Fire in Courts: Cuccinelli

Virginia’s Gun Law Under Fire in Courts: Cuccinelli

Virginia’s governing Democrats made it a crime to buy, sell, manufacture, or swap so-called assault weapons and high-capacity magazines that hold more than 15 rounds of ammunition. The law’s July 1 enactment, however, sits in a legal limbo as a wave of lawsuits moves through various courts.

Plaintiffs in four state jurisdictions have sued to have the law overturned. The lawsuits all claim that the gun law violates Article I, Section 13 of the state constitution, which reads, in part: “That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state, therefore, the right of the people to keep and bear arms shall not be infringed.”

Another case, filed in Fauquier County, makes that same legal argument, but adds that the law also violates the Second Amendment of the U.S. Constitution, which reads, “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

Former state Attorney General Ken Cuccinelli, lead counsel in the case filed in Spotsylvania County, told the Daily Signal why that case is unique.

“Our case is unique in that we are........

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