Over the State’s Objection, Virginia Judge Adds the Commonwealth Itself to Injunction Against SB 749 Rifle and Magazine Ban

Estimated reading time: 4 minutes

LANCASTER, VA — A Lancaster County Circuit Court judge has widened the preliminary injunction against SB 749, Virginia’s ban on so-called assault firearms and magazines holding more than 15 rounds. A preliminary injunction is a court order that blocks enforcement of a law while the lawsuit over it plays out. Under the court’s order in Crump v. Katz, the Commonwealth of Virginia, “its agencies and employees are hereby preliminarily enjoined.” That puts them under the same injunction terms already in place in the case.

The order itself is short. The court heard the plaintiffs’ Second Motion to Enlarge Preliminary Injunction on Oct. 20. The order notes that the Commonwealth of Virginia had been “made a party to this action,” meaning it was added as a defendant. It now sits alongside Virginia State Police Superintendent Jeffrey S. Katz, who is sued in his official capacity. The court granted the motion only so far as to place the Commonwealth, its agencies and employees under “the same terms and duration” as the June 30, 2026 preliminary injunction and a Sept. 10, 2026 order. The rest was rejected: “Plaintiffs’ Motion is DENIED in all other respects.” For its reasoning, the order points to the judge’s oral ruling from the bench rather than laying it out in writing.

The state fought the expansion. Assistant Attorneys General Calvin C. Brown and Pebbles I. Burgess signed the order “SEEN AND OBJECTED TO” to the extent the Commonwealth, “its agencies and officials,” are enjoined. They signed “AGREED” to the extent the rest of the plaintiffs’ requested relief was denied. Plaintiffs’ counsel, including David G. Browne, Robert J. Olson, William J. Olson, Oliver M. Krawczyk and Gilbert Ambler, signed “SEEN AND AGREED.”

The order leaves several questions open. It does not define “its agencies and employees.” It does not mention local police departments, sheriffs or commonwealth’s attorneys. It does not say what other relief the plaintiffs asked for and were denied. It also does not restate how long the June 30 injunction runs.

On that last point, Gun Owners of America addressed the timeline in a June 25 alert announcing the original injunction. “This injunction prevents the Virginia State Police from enforcing the challenged gun and magazine bans while our case continues through the court system,” the group said. “As it currently stands, the temporary injunction extends the enforcement date from July 1, 2026 to December 31, 2026.”

When SB 749 cleared the Senate in March, Gun Owners of America said the bill criminalizes the import, sale, manufacture, purchase and transfer of so-called “assault firearms” and bans magazines capable of holding more than 15 rounds.

More from USA Carry:

• Federal Judge Lets Out-of-State Gun Owners’ Challenge to Massachusetts Carry Permit Delays Proceed, Tosses Facial Claim
• GOA Goes Back Before a Virginia Judge Seeking a Full Statewide Injunction Against the “Assault Weapons” Ban
• Back in the Court That Already Said Under-21 Adults Can Buy Handguns: GOA and VCDL Sue Virginia State Police Over New Purchase Ban and Private-Sale Background Check Law
• Virginia Judge Blocks Spanberger’s Assault Firearm Ban Statewide Days Before It Takes Effect
• Gun Owners of America Moves to Hold Virginia State Police Chief in Contempt After Agency Restarts Banned Background Checks

A wider injunction is still a temporary one. SB 749 has not been struck down, and part of the plaintiffs’ motion was denied. The right mindset for Virginia gun owners is to know exactly what the court has blocked, and for whom, before assuming anything about the rest. Virginia gun law is changing on several fronts this year, and my Virginia concealed carry laws and permit information page covers the carry side of it.

I will continue tracking Crump v. Katz as it moves through Lancaster County Circuit Court.

Read the original story: Over the State’s Objection, Virginia Judge Adds the Commonwealth Itself to Injunction Against SB 749 Rifle and Magazine Ban