Spanberger Expands Gun Ban, DOJ Warns Of Constitutional Fight


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Virginia’s governor signed a slate of gun-control measures that change the assault-firearm definition and push broad restrictions, prompting fierce Republican pushback and a Justice Department warning about constitutional problems. Lawmakers and legal officials say the edits could sweep many common semi-automatic rifles and pistols into a future ban, while the administration frames the moves as public-safety steps. The debate now heads back to the General Assembly with court fights looming.

Governor Abigail Spanberger signed several bills Tuesday that tighten gun rules and altered language in the core assault firearm measure. The change removes the word “fixed” from a key part of the bill’s definition of an assault firearm, a tweak that critics warn could drastically expand the list of covered weapons. Republicans argue this is not a clarification but a widening net that targets firearms many Virginians lawfully own.

Republican leaders immediately blasted the move as an overreach and a threat to everyday gun owners. “If there was any doubt that Gov. Spanberger was coming for our firearms, this substitute removes it,” House of Delegates Minority Leader Terry Kilgore, R-Scott, told News WCYB 5 in a statement. “Not only does it keep in place the de facto ban on some of the most common firearms in Virginia, it goes further and appears to create a ban on any firearm that can accept a magazine of more than 15 rounds.

“That includes the vast majority of firearms in Virginia that are in common use for legal purposes.”

The Justice Department’s Civil Rights Division fired a formal warning before the governor’s action, saying it would sue if Virginia enacts measures that it sees as infringing on protected rights. “This letter provides formal notice that the Civil Rights Division will commence litigation in the event the Commonwealth of Virginia enacts certain bills that unconstitutionally limit law-abiding Americans’ individual right to bear arms,” the DOJ wrote to the state attorney general. The department singled out SB 749 as language that would force law enforcement into unconstitutional restrictions on AR-15s and similar semiautomatic rifles.

“The Second Amendment protects the rights of law-abiding citizens to own and use AR-15 style semiautomatic rifles for lawful purposes,” she added, citing the unanimous Supreme Court opinion that the AR-15 is “both widely legal and bought by many ordinary consumers.”

Assistant Attorney General for Civil Rights Harmeet Dhillon laid out blunt legal consequences and used pointed public language to underscore the DOJ’s stance. Dhillon said the division “will seek to enjoin any attempt to infringe the right of law-abiding Virginians to acquire constitutional protected arms[.]” She also posted on social platforms, making clear the federal government was watching state action closely. “@SpanbergerForVA is on notice: 2A rights SHALL NOT BE infringed,” Dhillon wrote Friday on X. “We are closely watching—in the event any unlawful legislation is enacted, we will sue. @CivilRights will protect the 2A rights of law-abiding citizens in Virginia.”

Spanberger defended the amendments as sensible steps taken with safety and clarity in mind, saying her experience and respect for responsible gun ownership guided her approach. “I grew up in a family where responsible gun ownership was expected, and I carried a firearm every day as a former federal agent,” she wrote in a statement. “I support the Second Amendment. But gun violence is the leading cause of death for children and teenagers in America, and that should motivate all of us to ask ourselves what we can do to mitigate this harm.

“This is why I’ve made amendments to provide clarity for both responsible gun owners and law enforcement, making clear what these changes mean in practice — as Virginians safely purchase and store their firearms,” she continued. “These commonsense steps will help keep our families, our communities, and our law enforcement officers safe.”

The bill would bar future manufacture, sale, import and transfer of covered firearms and magazines over 15 rounds, while grandfathering weapons owned before July 1, 2026 under strict limits. Violations would be a Class 1 misdemeanor, and the law would constrain how grandfathered guns can later be sold or transferred. That kind of regulatory structure has opponents worried it will chill lawful commerce and create complex enforcement headaches for police and citizens alike.

Spanberger also signed other gun measures, including a law requiring manufacturers and dealers to adopt “reasonable controls” to prevent illegal sales, and statutes banning ghost guns and discouraging leaving firearms in plain view in unattended vehicles. The administration says those steps protect communities and help hold industry to account when misconduct contributes to harm. Critics, echoing the DOJ warning, insist the legislature should pause and avoid measures that risk trampling constitutional rights and triggering costly litigation.

“In all, the General Assembly has forwarded to you over 20 bills that restrict Second Amendment rights,” Dhillon’s warning to the attorney general concluded. “I urge you to reconsider allowing any bill that would infringe on the lawful use of protected firearms by law-abiding citizens to become law.

“In an effort to avoid unnecessary litigation, the Second Amendment Section stands ready to meet and confer with attorneys in the Virginia Attorney General’s Office.

“The Second Amendment rights of law-abiding citizens shall not be infringed.”

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