Log In


Reset Password
  • MENU
    Nation
    Wednesday, April 24, 2024

    Judge upholds ban on weapons at gun rally in Virginia

    FILE - In a Monday, Jan. 13, 2020 file photo, supporters of gun laws hold us photos of gun violence victims during a meeting of the Senate Judiciary committee at the Capitol in Richmond, Va. Gun-rights groups asked a judge Thursday, Jan. 16, 2020 to block Virginia Gov. Ralph Northam from banning guns on Capitol grounds during a massive pro-gun rally scheduled for Monday, Jan. 20, 2020. (AP Photo/Steve Helber, File)

    RICHMOND, Va. — A judge on Thursday upheld a ban on firearms at a pro-gun rally scheduled for next week in Virginia, rejecting a request from gun-rights groups who had sued to overturn it.

    The Virginia Citizens Defense League and Gunowners of America filed a lawsuit Thursday seeking an injunction against the ban, which Gov. Ralph Northam imposed for a rally scheduled to take place Monday on the grounds of the Virginia Capitol.

    In her written ruling, Richmond Circuit Court Judge Joi Taylor said the governor has the authority under state law to take action related to "the safety and welfare" of the state.

    Taylor cited rulings from the U.S. Supreme Court and other courts that found the Second Amendment right to bear arms is not unlimited. Because of that, she wrote, the gun-rights groups would not "suffer an irreparable harm" sufficient to justify the injunction.

    The judge's ruling came hours after the FBI in Maryland announced the arrest of three men who they said were linked to a violent white supremacist group. The three men were believed to be planning to attend the rally in Richmond, according to a law enforcement official who spoke to The Associated Press on condition of anonymity to discuss an active investigation.

    Virginia's solicitor general, Toby Heytens, had argued during Thursday's hearing that the governor was well within his authority to declare the state of emergency and ban weapons after law enforcement identified "credible evidence" that armed out-of-state groups planned to come to Virginia with the possible intention of participating in a "violent insurrection."

    David Browne, an attorney for the gun-rights groups, argued that prohibiting rallygoers from carrying guns would violate their Second Amendment right to bear arms and their First Amendment right to free speech. Browne said carrying guns is a form of symbolic speech.

    Lawyers for the gun-rights groups did not immediately respond to the ruling.

    Northam applauded the ruling in a prepared statement.

    “I took this action to protect Virginians from credible threats of violence,” he said. “These threats are real — as evidenced by reports of neo-Nazis arrested this morning after discussing plans to head to Richmond with firearms.”

    While the court challenge was going on, Virginia senators were debating a package of gun-control bills.

    The Democrat-led Senate advanced legislation limiting handgun purchases to once a month, requiring universal background checks on gun purchases, and allowing localities to ban guns in public buildings, parks and other areas. The measures largely passed along partisan lines and will now go to the House for consideration.

    Democrats said they were reasonable measures that would improve public safety while respecting the rights of law-abiding gun owners. They said the public had made clear by voting for Democrats in recent elections that new gun laws were needed.

    "The citizens in this last two elections have spoken,” said Democratic Sen. Dave Marsden.

    Republicans decried the legislation as an assault on the Second Amendment launched to appease special interest groups and donors such as Democratic presidential hopeful Michael Bloomberg. GOP senators said the new laws would entrap innocent people and do nothing to stop bad actors.

    "This may be what you think is safety, but it is not,” said Republican Sen. Bill Stanley.

    Associated Press reporters Alan Suderman in Richmond; Michael Kunzelman in College Park, Maryland; and Mike Balsamo in Washington in contributed to this report.

    State Sens. Louise Lucas, D-Portsmouth, left, Mamie Locke, D-Hampton, center, and Barbara Favola, D-Arlington, right, confer before a number of gun-related bills were debated in the Senate, Thursday, Jan. 16, 2020, at the Capitol in Richmond, Va. (Bob Brown/Richmond Times-Dispatch via AP)
    Senate Minority Leader Tommy Norment, R-James City, left, Lt. Gov. Justin Fairfax, center and Sen. Scott Surovell, D-Fairfax, right, confer as Surovell's bill relating to control of firearms by localities, one of a number of gun-related bill, is debated in the Senate, Thursday, Jan. 16, 2020, at the Capitol in Richmond, Va. (Bob Brown/Richmond Times-Dispatch via AP)
    Sen. Scott Surovell, D-Fairfax, speaks for SB35, his bill relating to control of firearms by localities that was debated in the Virginia Senate inside the State Capitol in Richmond, Va., Thursday, Jan. 16, 2020. (Bob Brown/Richmond Times-Dispatch via AP)
    Sen. Mamie Locke, D-Hampton, foreground, listens as Sen. Mark Obenshain, R-Harrisonburg, rear, speaks against Locke's One Handgun a Month bill, one of a number of gun-related bills that were debated in the Senate, Thursday, Jan. 16, 2020, at the Capitol in Richmond, Va. (Bob Brown/Richmond Times-Dispatch via AP)
    Senate Minority Leader Tommy Norment, R-James City, sits at his desk during a debate on several gun-related bills in the Virginia Senate inside the State Capitol in Richmond, Va., Thursday, Jan. 16, 2020. (Bob Brown/Richmond Times-Dispatch via AP)
    State Sen. Louise Lucas, D-Portsmouth, speaks for her Universal Background Check bill, one of a number of gun-related bills that were debated in the Senate, Thursday, Jan. 16, 2020, at the Capitol in Richmond, Va. (Bob Brown/Richmond Times-Dispatch via AP)
    Sen. Chap Petersen, D-Fairfax, speaks for SB70, the Universal Background Check bill as it was debated in the Virginia Senate inside the State Capitol in Richmond, Va., Thursday, Jan. 16, 2020. (Bob Brown/Richmond Times-Dispatch via AP)
    Sen. Bill Stanley, R-Franklin, speaks in opposition to SB35, a bill relating to control of firearms by localities as it was debated in the Virginia Senate inside the State Capitol in Richmond, Va., Thursday, Jan. 16, 2020. (Bob Brown/Richmond Times-Dispatch via AP)
    The Virginia state Capitol building is surrounded by fencing, Thursday, Jan. 16, 2020 in Richmond, Va., in preparation for Monday's rally by gun rights advocates. Gun-rights groups are asking a judge to block the Virginia governor's ban on firearms at a massive pro-gun rally scheduled for next week. Gov. Ralph Northam on Wednesday, Jan. 15, announced a state of emergency and banned all weapons from the rally at the Capitol. (Dean Hoffmeyer/Richmond Times-Dispatch via AP)

    Comment threads are monitored for 48 hours after publication and then closed.