Judge blocks assault firearm ban
Hundreds of new laws enacted by the Virginia General Assembly this year took effect on July 1.
However, two of those laws – banning assault weapons and prohibiting law enforcement agents from wearing masks – have been temporarily blocked by the courts.
The measure signed by Gov. Abigail Spanburger prohibiting the purchase and sale of assault firearms and certain ammunition-feeding devices is on hold due to a preliminary injunction granted by Lancaster County Circuit Judge John Martin.
The judge agreed with the arguments of the Gun Owners of America and the Virginia Citizens Defense League that the law violates the state constitution.
“This ruling is disappointing and puts our communities at risk,” according to a statement issued by Virginia Attorney General Jay Jones. “The Commonwealth will urgently file a motion to stay this ruling and appeal this temporary injunction.”
The Department of Justice has filed a lawsuit challenging the constitutionality of a newly enacted Virginia law that prohibits law enforcement officers from wearing face coverings while on duty.
U.S. District Judge Robert Payne in Richmond issued a preliminary injunction barring the law from taking effect, calling it an unconstitutional state regulation that undermines federal authority. Jones plans to file an appeal.
The DOJ lawsuit also challenges a separate law prohibiting agreements that allow ICE to deputize local law enforcement agencies to facilitate immigration arrests.
Some of the newly enacted Virginia laws now in effect include the following:
Birth control – Virginians’ right to access contraception is now codified in state law. A related law requires insurance companies to cover contraceptive drugs and devices.
Criminal records – Virginians convicted of certain low-level offenses, such as distributing marijuana, trespassing, and shoplifting, can have their criminal records automatically sealed under the “Clean Slate Law.” For more serious offenses, Virginians can petition to have their records sealed if they remain crime-free for at least 10 years.
This law is expected to help many of the 1.6 million people in the state with criminal records, whether convicted or not, who have trouble getting a job or a professional license, accessing housing, or voting.
Speeding prevention – Judges can require drivers who hit 100 mph to have “intelligent speed assistance” devices installed in their vehicles to prevent them from speeding as an alternative to jail time or suspending their drivers’ licenses.
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Protection of immigrant workers – Employers cannot legally threaten employees over their immigration status to prevent them from filing a complaint about wage theft or minimum wage violations.
Wage theft – A worker can bring a civil case against an employer for wage theft, worker misclassification, failure to pay minimum wage, and overtime violations.
Firearm industry accountability – Standards of responsible conduct for the firearm industry are aimed at preventing sales to straw purchasers, firearm traffickers, persons prohibited from possessing a firearm, and persons believed to be at substantial risk of harming someone.
Vape sales enforcement – The Virginia Alcoholic Beverage Control Authority is required to conduct an unannounced buyer operation at least once every 24 months to verify that a vape retailer is not selling tobacco products to persons under 21 years of age.
Kratom restrictions – Retailers are prohibited from selling kratom products to anyone under age 21. Kratom products must include a label listing all ingredients, must be stored in an area not directly accessible to customers, and cannot contain any poisonous ingredients.
Click to cancel – Canceling a subscription will be just as easy as signing up for one. Sellers will be required to provide a cancellation mechanism as simple as the mechanism for an automatic renewal.
Notario fraud – The attorney general can initiate an investigation and impose a civil penalty on any notary public that uses the title “notario,” “notario publico,” or “licenciado,” or any other term in a language other than English that indicates the notary is authorized to practice law.
Geolocation data protection – The sale of an individual’s precise geographic location is prohibited. The attorney general can enforce violations through the Virginia Consumer Data Protection Act.
Solar consumer protection – Residential solar energy customers must be informed of performance guarantees, payment details, and system design.
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