A unique lawsuit has been filed to challenge Virginia’s upcoming ban on certain firearms, with former Virginia Attorney General Ken Cuccinelli as the attorney of record. The lawsuit, backed by the Second Amendment Foundation, argues that the ban violates the Virginia Constitution’s Militia Clause, which preserves the right of able-bodied citizens to serve in the militia.

Legal Strategy

Cuccinelli noted that this lawsuit stands out from other legal challenges to the ban because it focuses on the Militia Clause. The plaintiffs argue that they have the right to buy the banned semi-automatic rifles to preserve their ability to function as part of the militia. The lawsuit claims that the General Assembly cannot prohibit citizens from acquiring the weapons they need for militia service.

The Second Amendment Foundation is already fighting the new law in a separate federal case, but the group felt it was important to back Cuccinelli’s state-level effort. The state lawsuit, Curtis v. Katz, includes plaintiffs Bob’s Gun Store, Mike Wood, Dustin Curtis, and Daniel Hinkson.

Local Pushback

Some local officials are already pushing back against the incoming restrictions. Multiple county prosecutors across Virginia have publicly announced that they have no intention of enforcing the ban. The Second Amendment Foundation’s founder, Alan M. Gottlieb, pointed out that this should be a wake-up call for lawmakers that they passed an unconstitutional law.

Original reporting: Tampa Free Press — read the source article.