GOA & GOF File in Virginia Sup. Ct.

[Lawdog]

GOA and GOF Petition the Virginia Supreme Court for a Preliminary Ruling on Virginia's Looming "Assault Firearms" Ban - The Shooting Wire | The Shooting Wire

[Blackwater 53393]

This is going to be a DOGFIGHT!!

[John Kloehr]

As context, this suit is under (only) the state constitution. It is not a federal 2A challenge.

 

The section of the state constitution is:

 

Section 13. Militia; standing armies; military subordinate to civil power

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, therefore, the right of the people to keep and bear arms shall not be infringed; that standing armies, in time of peace, should be avoided as dangerous to liberty; and that in all cases the military should be under strict subordination to, and governed by, the civil power.

 

The words ", therefore, the right of the people to keep and bear arms shall not be infringed" were added in 1971. The state is arguing this amendment in 1971 and the use of "therefore" instead of a semicolon changes the meaning, and the state has no individual right, only a collective militia right to arms. There are other suits challenging the new laws under federal law.