Explore The NRA Universe Of Websites

No Gov. Northam, Your Gun Ban is NOT Constitutional

Friday, December 13, 2019

No Gov. Northam, Your Gun Ban is NOT Constitutional

As Virginia gun owners have shown their displeasure with Virginia Gov. Ralph Northam’s proposed attack on their rights in city and county meetings across the Old Dominion, Northam has been forced to answer questions about he and gun control financier Michael Bloomberg’s gun ban agenda. In doing so, the governor has proclaimed that he supports the Second Amendment and that his gun ban does not violate the U.S. Constitution. In truth, Northam’s proposed gun ban would violate the Second Amendment as interpreted by the U.S. Supreme Court in District of Columbia v. Heller and McDonald v. Chicago.

On Monday, Northam told reporters, “I’m a supporter of the Second Amendment,” adding, “I hear people out there saying that they don’t want law enforcement to enforce unconstitutional laws. Well we’re not going to propose or pass any unconstitutional laws.”

In a Wednesday meeting with reporters, Northam offered a veiled threat to sanctuary jurisdictions that have promised to not enforce unconstitutional gun laws stating, “If we have constitutional laws on the books and law enforcement officers are not enforcing those laws on the books then there are going to be some consequences…” The governor went on to say “Any law that we pass in Richmond and the 8 pieces of legislation that I put on the table back in July - they’re constitutional, so that’s not going to be an issue.”

Northam’s allies in Richmond have proposed firearm confiscation legislation that would prohibit the sale and possession of commonly-owned semi-automatic firearms like the AR-15. The governor has stated that he intends to push legislation that would ban such firearms but grandfather possession by gun owners who register their firearms with the government.

Banning commonly-owned semi-automatic firearms under either proposal is unconstitutional. The U.S. Supreme Court has made clear that governments cannot ban these firearms as they are “in common use” for lawful purposes.

Taken alone, Justice Antonin Scalia’s opinion in Heller is enough to dispose of Northam’s comments. In the decision, Justice Scalia made clear that the types of firearms protected by the Second Amendment include those “in common use at the time” for “lawful purposes like self-defense.”

The firearms industry has estimated that Americans own more than 17.5 million semi-automatic rifles. The AR-15 is the most popular rifle in the U.S. and therefore indisputably “in common use” and protected by the Second Amendment.

Further, in the 1994 case Staples v. United States, the Supreme Court determined that semi-automatic rifles were common. The case concerned the criminal intent requirement for a conviction for possession of an unregistered machine gun. The subject of the case had argued that he was unaware that the AR-15 in his possession had been modified for automatic fire and was not simply a legal semi-automatic AR-15. In the majority opinion, Justice Clarence Thomas made clear that the mere possession of a converted AR-15 is not enough to infer intent sufficient for conviction, as some firearms are “so commonplace and generally available that we would not consider them to alert individuals to the likelihood of strict regulation.” Justice Thomas went on to write that most categories of guns, including semi-automatic rifles, “traditionally have been widely accepted as lawful possessions.”

All doubt as to whether the Supreme Court’s decisions in Heller and McDonald preclude bans on commonly-owned semi-automatic firearms was settled in 2015. That year, Justice Scalia joined Justice Thomas in a dissent from the denial of certiorari in Friedman v. Highland Park, a case concerning a local ban on commonly-owned semi-automatic firearms.

Justice Thomas explained,

Roughly five million Americans own AR-style semiautomatic rifles. The overwhelming majority of citizens who own and use such rifles do so for lawful purposes, including self-defense and target shooting. Under our precedents, that is all that is needed for citizens to have a right under the Second Amendment to keep such weapons.

Northam’s attempt to portray his Bloomberg-sponsored gun ban as constitutional is an absurd and transparent attempt to forestall the surging Virginia grassroots gun rights movement. Virginia’s gun owners have every reason to take defensive action against Northam and Bloomberg’s unconstitutional gun control agenda.

All Virginia gun owners must organize to fight against unconstitutional Bloomberg-backed gun control in the Old Dominion. Please contact Gov. Northam and let him know you oppose his unconstitutional gun control measures. You can contact Northam using the Governor's Office contact form below or call his office at 804-786-2211​.

Stay tuned to www.nraila.org for updates. And, in the meantime, please sign up to volunteer to help defeat Northam and Bloomberg’s gun control legislation.

TRENDING NOW
Virginia: Court Reiterates Injunction on Private Sale Ban, as Anti-Gun Lawmakers Mislead Public

News  

Monday, June 8, 2026

Virginia: Court Reiterates Injunction on Private Sale Ban, as Anti-Gun Lawmakers Mislead Public

Last October, a judge in the Circuit Court for the City of Richmond ruled in the case Raul Wilson, Wyatt Lowman, Virginia Citizens Defense League, Gun Owners of America, Inc, and Gun Owners Foundation v. ...

Report Provides Context on “Machinegun-Convertible Pistol” Panic

News  

Monday, June 8, 2026

Report Provides Context on “Machinegun-Convertible Pistol” Panic

Anti-gun lawmakers and their gun control allies exploit menacing language to bolster their arguments against lawful arms: ordinary semi-automatic rifles and pistols become “weapons of war” and “assault weapons;” “large capacity magazines” actually refers to ...

Florida Attorney General, Law Enforcement Commissioner, and State Attorneys Agree Florida’s Waiting Period Law Violates the Second Amendment in NRA Challenge

Friday, June 5, 2026

Florida Attorney General, Law Enforcement Commissioner, and State Attorneys Agree Florida’s Waiting Period Law Violates the Second Amendment in NRA Challenge

Today, the parties in the National Rifle Association’s challenge to Florida’s firearm waiting period law jointly filed an Offer of Judgment asking the U.S. District Court for the Middle District of Florida to declare the ...

NRA Files Lawsuit Challenging Maryland’s Glock Ban

Wednesday, May 27, 2026

NRA Files Lawsuit Challenging Maryland’s Glock Ban

The National Rifle Association, Firearms Policy Coalition, and Second Amendment Foundation filed a lawsuit yesterday challenging Maryland’s ban on Glock and Glock-style handguns.

Pennsylvania: House Majority Democrats Pushing More Gun Control Next Week

Saturday, June 6, 2026

Pennsylvania: House Majority Democrats Pushing More Gun Control Next Week

On Monday, June 8, the House Judiciary Committee will hear a bill that will force Keystone gun owners to keep their guns under lock and key or face the consequences. 

NRA Files Lawsuit Challenging Post Office Carry Ban

Tuesday, May 26, 2026

NRA Files Lawsuit Challenging Post Office Carry Ban

The National Rifle Association, Gun Owners of America, Gun Owners Foundation, and three NRA members today filed a lawsuit challenging the federal prohibition on carrying firearms at United States Post Offices.

HOA Firearm Clash Augurs a Broader Legal Debate

News  

Monday, June 1, 2026

HOA Firearm Clash Augurs a Broader Legal Debate

The fight to defend Second Amendment rights is not confined to Washington, D.C., or even to the halls of state capitals.

Virginia’s Semiauto Ban Hits Snag With County Enforcement Officials

News  

Monday, June 1, 2026

Virginia’s Semiauto Ban Hits Snag With County Enforcement Officials

While Virginia’s bans on “assault firearms” and magazines capable of holding more than 15 rounds was signed into law on May 14, and is scheduled to go into effect on July 1, it remains to be seen ...

New York:  Gov. Kathy Hochul Signs Gun Ban in State Budget Process

Wednesday, May 27, 2026

New York: Gov. Kathy Hochul Signs Gun Ban in State Budget Process

On Wednesday, May 27, Gov. Kathy Hochul signed S.9005C, which “enacts into law major components” of the state’s public protection and general government budget.

New York: Waiting Period Bill Passes Senate, Heads to Assembly

Thursday, June 4, 2026

New York: Waiting Period Bill Passes Senate, Heads to Assembly

On Wednesday, June 3, the New York Senate passed S.9883A, which creates a three-day waiting period on the transfer of all pistols, shotguns and rifles. 

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.