Ban Delay?

[Lawdog]

Amidst Pressure, Virginia Quietly Seeks to Delay Start Date of Firearms Carry Ban

[John Kloehr]

From the article (with my bold):

 

"

 

Beyond the backlash from the public over the gun bans, another reason the governor and the state legislature may be looking to delay the effective date is because of the threat of lawsuit from the Department of Justice’s Civil Rights Division.

 

On Friday, April 10, Assistant Attorney General Harmeet Dhillon sent a letter to Virginia Governor Abigail Spanbergerstating that the federal government is prepared to sue the state if it signs bills that “unconstitutionally limit law-abiding Americans’ individual right to bear arms.” Though the suit has not yet been filed, many speculate that the DOJ was waiting for the law to go into effect before bringing the affirmative action.

 

Additionally, a grassroots movement within the state’s system of sheriffs and commonwealth’s attorneys shows an increasing number of elected public officials unwilling to enforce the state’s unconstitutional gun control measures.

 

"

 

It does not take much speculation. Since the DOJ 2A suits are based on an unconstitutional pattern or practice of law enforcement, the may be no foundation or standing to bring a suit for a law not yet in effect.

 

A one-year delay on implementation makes sense in light of Viramontes getting cert.

[Sedalia Dave]

I wonder if the delay is being done in the hope that Democrats will gain control of one or both houses of Congress in the mid term elections.

[John Kloehr]

3 hours ago, Sedalia Dave said:

I wonder if the delay is being done in the hope that Democrats will gain control of one or both houses of Congress in the mid term elections.

 

Would not matter at the moment, Viramontes (with Grant) are at the Supreme Court. All the other restrictions will get challenged too. Even the most ardent gun-grabbing lawyer for the state knows many of those will not pass court sniff tests.

[Blackwater 53393]

A broad, favorable to the Second, ruling in Viramontes that encompasses magazine capacity and appearance items, prohibiting congress, states, and municipal governments from imposing restrictions on the possession, transfer, transport, and lawful use of these rifles SHOULD BE the result of this litigation!

 

There has already been at least one filing in state court seeking an injunction and a warning from USDOJ that they too will sue if implementation is attempted.  It would seem prudent to abandon implementation altogether, but it will probably cost them nothing to delay and might even save them some money and a lot of legal gymnastics to do so.