Prelim Injunction Denied In Militia Clause Case

Judge William Glover of the Spotsylvania County Circuit Court denied the motion for a preliminary injunction this evening in Curtis v Katz. This was the case that challenged the new Virginia assault weapons ban and magazine restrictions on the grounds that it would prevent Virginia citizens from obtaining the weapons necessary to carry out their duties as part of the unorganized militia.

Judge Glover wrote that while the plaintiffs had established that they would suffer irreparable harm if the law goes into effect, he was not persuaded that the Virginia Constitution granted members of the unorganized militia the right to possess “military style weapons.” He went on to say that an injunction might cause harm to the Commonwealth as the duly-elected governor and legislature enacted the laws in the name of public safety. He went on to say, in not so many words, since the people had elected Spanberger and the anti-gun Democrats then it was in the public interest to let the laws go into operation.

There is a press conference tomorrow with former AG Ken Cuccinelli. I plan to attend by Zoom and will report on it later.

In the meantime, this ruling shows that elections have consequences. Every gun owner, every hunter, and every apathetic Virginian who couldn’t be bothered to vote in the 2025 elections bears partial responsibility for this outcome. Apathy has its own cruel rewards.

UPDATE: Soon after I posted this, I received Judge Glover’s full opinion which I am embedding below. The screenshot in the post was an abridged version. What I find interesting is just who submitted declarations in support of denying the injunction. You had Andrew McKevitt of Louisiana Tech whose book Gun Country we read in David Yamane’s book club as well as Prof. Robert Spitzer, a retired political scientist from SUNY Cortland, who makes a nice living in retirement as an “expert witness” promoting gun control.

Virginia Militia Clause Lawsuit Updates

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:

https://www.rightswatch.org/donate