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Virginia's assault weapons ban is facing new legal challenges. The law restricting certain firearms is being contested in court.
Patriot Watch first flagged this story 1 d ago, when The Truth About Guns reported it. So far this remains a single-source report. The most recent report came 1 d ago from The Truth About Guns. Verification tier: Watching — single-source — not yet independently corroborated.
⚖ The Constitutional Angle
Under Bruen, Virginia must justify its ban by showing consistency with the Nation's historical tradition of firearm regulation. Heller held the Second Amendment protects arms in common use for lawful self-defense, and Caetano held the Amendment reaches all bearable arms regardless of when they were invented. The ban survives only if those weapons are not commonly owned and were historically subject to comparable regulation.
New York State Rifle & Pistol Association v. Kevin P. Bruen, Superintendent of New York State Police 597 U.S. 1 (2022)
Vote: 6-3 · Opinion: Thomas
New York's requirement that applicants demonstrate 'proper cause' — a special need for self-protection distinguishable from the general community — to obtain an unrestricted public-carry license violates the Fourteenth Amendment by preventing law-abiding citizens with ordinary self-defense needs from exercising their Second Amendment…
District of Columbia v. Heller 554 U.S. 570 (2008)
Vote: 5-4 · Opinion: Scalia
The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia and to use it for traditionally lawful purposes such as self-defense within the home.
Jaime Caetano v. Massachusetts 577 U.S. 411 (2016)
Vote: Unanimous per curiam (8-member Court, post-Scalia); no recorded vote split · Opinion: Per curiam (unsigned)
Summarily vacating the SJC's judgment without briefing on the merits or oral argument, the Court held that each of the SJC's three rationales contradicted Heller: the Second Amendment extends prima facie to all bearable arms, including those not in existence at the founding; 'unusual' cannot be equated with 'not in common use in 1789';…
Precedent facts from the PW Law Library — primary-source verified & independently audited
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