by Curtis v. Katz had a hearing on the motion for a preliminary injunction yesterday in Spotsylvania County Circuit Court. From what I have read, the hearing continued for four hours and the judge will make a ruling sooner than later. Anecdotally, I heard from a friend that the judge thought the brief in this case was one of the more interesting ones he has read in all his years on the bench. I hope that is a positive sign.
The Second Amendment Foundation has announced that they will be supporting this case.
“While SAF is already a named plaintiff in our own federal Second Amendment challenge McDonald v. Katz, we felt it important to support this unique lawsuit,” said SAF Executive Director Adam Kraut. “When it comes to vindicating the rights of our members, we will pursue every viable legal option. We are thrilled to have been given the opportunity to support this state court challenge with Mr. Cuccinelli and think it complements our ongoing federal challenge very nicely.”
As noted in the compliant, “The General Assembly cannot…prohibit the body of the people from acquiring the very weapons with which they must be prepared to serve as that militia.” Joining SAF in Curtis v. Katz are Bob’s Gun Store, Mike Wood, Dustin Curtis and Daniel Hinkson. Cuccinelli is the attorney of record for the lawsuit.
“We’ve said it before and we’ll say it again – Virginia lawmakers outright lied to their constituency when they said these new laws aren’t bans,” said SAF founder and Executive Vice President Alan M. Gottlieb. “As we’ve seen in the news lately, numerous county prosecutors across Virginia have publicly stated they will not enforce this new ‘assault weapons’ ban. When the people who enforce the laws are refusing do so it should be a wakeup call for lawmakers that they passed an unconstitutional law.”
This is good news and I understand there is an outreach to other organizations and foundations for support. The uniqueness of this case – it is based upon the state interference on the ability to perform responsibilities and not rights per se – that makes it one that is breaking new ground.
Bearing Arm’s Cam & Co. discussed this lawsuit with William Kirk of Washington Gun Law yesterday. The discussion on it starts at about the 12:30 mark in the video below.
Kirk called the strategy brilliant as well as refreshing as it wasn’t a copy of so many other arguments he’s seen over time.
As a reminder – actually a plea – donations are needed to support this lawsuit. It undoubtedly will end up at the Virginia Supreme Court and that costs money. You can help support this lawsuit by making a tax-deductible donation to Rights Watch International. Use the link below:
