Virginia Judge Expands Injunction Against AR-15 and Magazine Bans to State Agencies

A Virginia judge has expanded a preliminary injunction against the state’s restrictions on commonly owned semiautomatic firearms and standard-capacity magazines. IMG Duncan Johnson

Virginia gun owners have secured another victory in court as a judge expanded an existing injunction against Gov. Abigail Spanberger’s ban on commonly owned semiautomatic firearms and standard-capacity magazines. The latest ruling extends the court’s order beyond the Virginia State Police to the Commonwealth itself, its agencies, and its employees.

On November 2, Lancaster County Circuit Court Judge John S. Martin entered an order in Crump v. Katz, Case No. CL26000201-00, partially granting the plaintiffs’ second motion to enlarge the preliminary injunction. The ruling broadens the reach of an injunction that has already prevented enforcement of Virginia’s controversial restrictions on AR-15-style rifles and magazines holding more than 15 rounds.

The Commonwealth opposed the expansion, but Judge Martin granted it anyway.

Virginia’s Gun Ban Faces Another Courtroom Setback

The lawsuit challenges Senate Bill 749, signed into law by Gov. Abigail Spanberger in May. The legislation targets firearms the state labels “assault firearms,” including commonly owned semiautomatic rifles, and prohibits certain transactions involving magazines capable of holding more than 15 rounds.

For gun owners, these are not exotic or unusual weapons. AR-15s are among America’s most popular rifles, used for self-defense, competition, recreational shooting, and other lawful purposes. Magazines holding more than 15 rounds are standard equipment for countless firearms owned by ordinary Americans.

The lawsuit, brought by AmmoLand contributor John Crump and gun rights organizations including Gun Owners of America, Gun Owners Foundation, Virginia Citizens Defense League, and Virginia Citizens Defense Foundation, argues that the restrictions violate Article I, Section 13 of the Virginia Constitution, which declares that the right of the people to keep and bear arms shall not be infringed.

In June, Judge Martin issued a preliminary injunction blocking enforcement of the challenged restrictions through December 31, 2026, or until further court action. The injunction was a major setback for Virginia officials who intended to begin enforcing the restrictions on July 1.

The latest order addresses another important question: who, exactly, is bound by that injunction?

Judge Extends Injunction to the Commonwealth and State Agencies

The original case named Virginia State Police Superintendent Jeffrey S. Katz as a defendant. The plaintiffs subsequently sought to expand the injunction’s reach, ensuring that enforcement could not simply shift to other state authorities.

Following an October 20 hearing, Judge Martin granted part of that request.

The November 2 order states:

“Plaintiffs’ Motion is GRANTED to the extent that the Commonwealth of Virginia, its agencies and employees are hereby preliminarily enjoined subject to the same terms and duration outlined in the Preliminary Injunction entered June 30, 2026 and Order entered September 10, 2026.”

The court denied the motion in all other respects.

Virginia’s attorneys, Assistant Attorneys General Calvin C. Brown and Pebbles I. Burgess, expressly objected to the portion of the order extending the injunction to the Commonwealth, its agencies, and officials.

The distinction matters. The ruling does not create a new permanent injunction or finally strike down the gun ban. It expressly extends the existing preliminary relief to additional state defendants while preserving the terms established by the court’s previous orders.

It also does not expressly identify every local sheriff, police department, or Commonwealth’s Attorney as a newly enjoined party.

Nevertheless, the Commonwealth’s attempt to resist the expansion failed.

Virginia’s Gun Ban Heads Toward a Larger Constitutional Reckoning

The ruling comes as the U.S. Supreme Court prepares to hear arguments in the consolidated cases Viramontes v. Cook County and Grant v. Higgins on December 2, 2026. Those cases directly confront whether bans on AR-15-style rifles and similar semiautomatic firearms violate the Second Amendment.

Virginia’s restrictions strike at the heart of the constitutional protections recognized in District of Columbia v. Heller, which affirmed that firearms commonly possessed by law-abiding Americans for lawful purposes fall within the Second Amendment’s protection.

Virginia politicians may dislike AR-15s, but political opposition does not erase constitutional rights. The government cannot transform commonly owned firearms into unprotected weapons simply by attaching the politically manufactured label “assault weapon.”

For now, the litigation in Crump v. Katz continues, and Judge Martin’s latest order strengthens the existing injunction by expressly bringing Virginia’s state agencies and employees within its reach.

The fight to permanently defeat Virginia’s gun ban is far from over, but the Commonwealth has suffered another setback in its effort to enforce restrictions on firearms and magazines that Americans have every right to own.

Related: ATF’s NFA Retreat: Restoring Gun Rights and Pushing for Repeal


About Duncan Johnson:

Duncan Johnson is a lifelong firearms enthusiast and unwavering defender of the Second Amendment—where “shall not be infringed” means exactly what it says. A graduate of George Mason University, he enjoys competing in local USPSA and multi-gun competitions whenever he’s not covering the latest in gun rights and firearm policy. Duncan is a regular contributor and editor-in-chief for AmmoLand News and is responsible for AmmoLand’s daily gun-rights reporting and industry coverage.


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Duncan Johnson Editor in Chief

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