Virginia Claims State Constitution Does Not Protect Individual Gun Rights in Crump v. Katz - Ammoland.com

Virginia gun owners are getting a clear look at how far the Commonwealth is willing to go to defend its new ban on so-called “assault firearms” and standard-capacity magazines.

In Crump v. Katz, plaintiffs John Crump, Gun Owners of America, Gun Owners Foundation, Virginia Citizens Defense League, and Virginia Citizens Defense Foundation are seeking a preliminary injunction against SB749, Virginia’s newly enacted restriction on commonly owned semi-automatic firearms and magazines holding more than 15 rounds.

The defendant, Colonel Jeffrey Katz, Superintendent of the Virginia State Police, has now filed his opposition. The brief does more than argue that SB749 should remain in effect while the case moves forward. It takes direct aim at the idea that Virginia’s own Constitution protects an individual right to keep and bear arms.

Virginia’s central argument is that Article I, Section 13 of the Virginia Constitution is not an individual Second Amendment-style right at all. According to the Commonwealth, Section 13 is a “collective, militia-tethered right,” meaning the right to keep and bear arms is tied to militia service rather than individual self-defense.

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