The U.S. Department of Justice advised Gov. Abigail Spanberger that she can expect legal intervention if Virginia SB 749 becomes law. 

Spanberger, a Democrat and former Everytown volunteer who stumped for office on a "tough on guns" platform with the group's backing, signed a variety of anti-2A bills last Friday, but SB 749 was not among them.

The controversial measure, which passed the state Democrat-controlled state legislature along party lines, can be signed or vetoed as late as 11:59 p.m. on Monday. While the likelihood of the governor dropping veto ink on the ban is slim, it will become law at midnight even without Spanberger's signature. 

"We are closely watching – in the event any unlawful legislation is enacted, we will sue," said U.S. Assistant Attorney General Harmeet Dhillon, who leads the DOJ's Civil Rights Division, on Friday. 

In an April 10 letter from Dhillon's office to Spanberger, Virginia Attorney General Jay Jones, and Governor's Counsel Matt McGuire, the ban is referenced in the second sentence, saying, "Specifically, SB 749 as written, would require Virginia law enforcement agencies to engage in a practice of unconstitutionally restricting the making, buying, or selling of AR-15s and many other semi-automatic firearms in common use."

It may not be rhetoric. 

The Second Amendment section of the U.S. Justice Department’s Civil Rights Division, formed last year, has already sued the Los Angeles County Sheriff’s Department over stalled concealed carry permits, as well as the Virgin Islands Police Department for unconstitutionally denying gun permits, and has sided with 26 states in arguing that California's bullet control law violates the Second Amendment.  

In addition to the DOJ, it is likely that numerous pro-gun groups will hit the Commonwealth of Virginia with legal challenges of their own should the SB 749 prohibition become law.  

The bill, as sent to Spanberger, allows for the grandfathering of affected guns in possession before the effective date of July 1, 2026. 

Verified Virginia residents get free shipping on any order and 10% off one Certified Used firearm when purchased through Guns.com. These offers are available beginning April 9 and run through June 15, 2026, to help ensure ample time for customers to possess their new firearm.

Chris Eger

Chris Eger is an NRA-certified firearms instructor in multiple disciplines with a background in law enforcement and as a security contractor to the federal government. He has been writing badly since 2006 and has a number of poorly-received books in print.

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