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Reason
Reason
Jacob Sullum

Virginia's Impending 'Assault Firearm' Ban Is Logically and Constitutionally Dubious

Virginia is poised to become the 11th state with a ban on "assault weapons," an arbitrarily defined category of politically disfavored firearms. Senate Bill 749 makes it illegal to import, sell, or buy many of the country's most popular rifles, including the AR-15, although it does not apply to firearms possessed prior to July 1. The bill also prohibits the importation, sale, or purchase of magazines that hold more than 15 rounds, which are likewise highly popular and come standard with many models of rifles and handguns.

The bill is awaiting the signature of Gov. Abigail Spanberger, a Democrat who has said she favors such legislation. Although the ban's supporters portray it as a common-sense way to reduce mass shooting deaths, that proposition is doubtful given the features it targets, which as usual have little or nothing to do with a gun's suitability for such crimes. And because the prohibited firearms are indisputably "in common use" for "lawful purposes," the ban seems vulnerable to a constitutional challenge under the Supreme Court's Second Amendment precedents.

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