Director of TXGR Affiliate Challenging Virginia Gun Ban
A new lawsuit filed in Virginia is taking direct aim at one of the gun confiscation lobby’s newest attacks on semi-automatic firearms and standard-capacity magazines.
The complaint, filed in the Circuit Court of Spotsylvania County, challenges Virginia’s 2026 ban on so-called “assault firearms” and magazines capable of holding more than 15 rounds.
One of the lead plaintiffs is Dustin R. Curtis, Director of Political Affairs for the National Association for Gun Rights, Texas Gun Rights’ national affiliate.
Curtis is suing individually and in his capacity as a member of the Virginia Unorganized Militia.
The challenged law, passed as SB 749 and HB 217, is scheduled to take effect July 1, 2026.
According to the complaint, the law bans the sale, purchase, importation, manufacture, and transfer of a broad class of semi-automatic centerfire rifles and pistols, while separately banning the sale, purchase, importation, and transfer of magazines holding more than 15 rounds.
Violations carry criminal penalties.
Virginia’s Militia Clause Takes Center Stage
The lawsuit argues that Virginia’s new ban violates Article I, Section 13 of the Virginia Constitution, which declares 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.”
The plaintiffs argue that this language is not meaningless decoration.
It is binding constitutional text.
And if the Virginia Constitution guarantees a militia “composed of the body of the people” and “trained to arms,” then the government cannot ban the very arms and magazines the people would need to train, serve, and defend a free state.
The lawsuit argues the ban reaches arms that are commonly owned by peaceable Americans for lawful purposes, including AR-15-pattern rifles and standard semi-automatic pistols.
It also points out that Virginia exempts law enforcement and government agents from the same restrictions imposed on ordinary citizens.
In other words, Virginia admits these arms and magazines are useful for armed public service — then forbids the body of the people from acquiring them.
That double standard is at the center of the case.
“The gun confiscation lobby always hides behind fake labels like ‘assault weapon’ because they know the truth is devastating to their agenda,” said Texas Gun Rights President Chris McNutt.
“These are common, lawful firearms owned by millions of peaceable Americans. And Dustin Curtis is doing exactly what every gun owner should do when politicians try to criminalize the right to keep and bear arms: fight back without compromise.”
The complaint also includes Bob’s Gun Shop, a Virginia firearms dealer, along with individual plaintiffs W. Michael Wood and Daniel Hinkson.
Hinkson, a former Marine and firearms instructor, argues the law would interfere with his ability to teach students how to safely and effectively use the very firearms the law targets.Bob’s Gun Shop argues the law would prohibit the sale and transfer of firearms and magazines that make up a significant portion of its business.
The lawsuit asks the court to declare both the firearm ban and magazine ban unconstitutional and to block enforcement through preliminary and permanent injunctions.
Virginia Is the Warning. Texas Is the Target.
For gun owners, the case is a reminder that the fight over semi-automatic firearms and standard-capacity magazines is far from over.
Thanks to the relentless mobilization of Texas Gun Rights members, policies like this are not likely to come to Texas any time soon.
But, if gun owners sit on the sidelines, Texas could be only one election cycle away from this same reality.
What the gun confiscation lobby is doing in Virginia is exactly what they will try to do in Texas if they seize power.
That is why Texas remains a top target for George Soros and gun-grabbing, far-Left interests.They know what every gun owner knows: if they can flip Texas, they can break the national firewall for the Second Amendment.Texas Gun Rights will continue standing with NAGR and gun owners across the country in the fight to stop these bans before they spread.
Because the Second Amendment does not end at a state line.
And the right to keep and bear arms is not subject to a politician’s permission slip.
Chip in today to help Texas Gun Rights fight semi-auto bans, magazine bans, and every attack on the right to keep and bear arms — without compromise.
