BREAKING GREAT NEWS! DYSTOPIAN VIRGINIA GUN CONTROL BACKFIRES MASSIVELY!

Indexé : 2026-05-15

[00:00:00]Major breaking news as the governor of Virginia and former CIA employee Abigail Spamber has just signed into law in Virginia the so-called assault firearm ban as well as a ban on so-called large capacity magazines. Lawsuits have already been filed and Harmy Dylan over at the Department of Justice has just announced that she too is going to be suing Virginia. We're going to break down the immediate lawsuits brought by the National Rifle Association, by the Second Amendment Foundation, by the Firearms Policy Coalition, and the announcement of a huge lawsuit by the United States Department of Justice, all against Abigail Spamberger, and the state of Virginia. This is a terrible strategic play by the anti-gun movement in America. This is going to back them into a corner, and the Supreme Court is going to blow this up in favor of the Second Amendment. You watch, we're going to break it all of it down. We come right back.

[00:00:55]Hey folks, I'm Mark Smith, host of the four box of Don, proud American gun owner, constitutional attorney, member of the United States Supreme Court Bar and proud to say the top voice of the second amendment in America. Thank you.

[00:01:04]2025 and 2026 Gundy's awards. All right, so we have a lot of major major breaking news here out of the state of Virginia.

[00:01:11]Abigail Spamber has just signed as the governor the so-called assault firearm ban as well as a large capacity magazine ban. This has already prompted an immediate lawsuit that has already been filed in the United States District Court for the Eastern District of Virginia in Alexandria, a place called the Rocket Docket. We'll get to that in a moment. As well as an announcement by the United States Department of Justice involving Harmy Dylan, who's announced that they are going to sue Virginia as well. I suspect that will be coming forth with the next day or two. This this is a mistake and I'm happy they've made it by the anti-gun movement in America. For Abigail Spamberger, who did not run on the gun ban, did not run on redistricting, did not do any of this stuff during the campaign for governor, is now gone crazy in my view, signing that redistricting bill that got blown up by the Virginia Supreme Court, and now has just signed clearly unconstitutional laws dealing with AR-15s, semi-automatic rifles, and magazines that hold more than 10 rounds and the like. So, first of all, before we get to the lawsuit that was filed immediately by the NRA, by the Second Amendment Foundation, by the Firearms Policy Coalition, immediately I want to give you the comment made by the head of the Civil Rights Division, Harmony Dylan, as soon as this lawsuit, I should say, as soon as this law was signed into law by Governor Spamberger. Here's what she has to say on X about what just occurred in Virginia. Associate Attorney General Harmy Dylan says onx see you in court with respect to the 2026 assault firearms and certain ammunition feeding devices purchase sale etc prohibited penalties. That's the summary of the law that was just enacted. And if you look at the summary what it specifically says that this law deals with a purchase sale transfer of assault firearms and certain ammunition feeding devices prohibited and the penalties. It creates a class one misdemeanor, which is a crime for any person who imports, sells, manufactures, purchase purchases, or transfers an assault firearm, as that term is defined in the bill with some exceptions that are not particularly significant, frankly, and prohibits a person who has been convicted of such a violation from purchasing, possessing, or transporting a firearm for a period of 3 years from the date of conviction.

[00:03:25]So, yeah, maybe a misdemeanor, but then you can't touch firearms for 3 years in Virginia. Crazy stuff. The bill provides that an assault firearm does not include any firearm that is an antique firearm, has been rendered or permanently inoperable, or is manually operated by a bolt, pump, lever, or slide action.

[00:03:40]Basically, semi-automatic rifles is what they're targeting. The bill also prohibits the sale of large capacity ammunition feeding devices. So, that's the summary of what just has been signed into law. I think takes effect in the next several months, I think, over the summer. But, there's already been lawsuits filed. Now, let me tell you what's about to happen. I suspect we're going to see several things going on here. First of all, there's a lawsuit that's already been commenced by the National Rifle Association, by the Second Amendment Foundation, by the Fires Policy Coalition. We'll get to that in one second. The other thing I think we're going to see, got a little geeky here. The other thing I think we're going to see is probably a series of lawsuits is my guess. I don't know this for a fact. I'm guessing there will also be other lawsuits brought against this particular law in Virginia State Court. Bear in mind that the Virginia Supreme Court applies and interprets the Virginia State Constitution. And the Virginia state constitution speaks to issues of liberty and firearms and the right to bear arms and the like. So I can see parallel paths here where you're going to have a series of lawsuits brought in federal court and then other lawsuits brought under the Virginia state constitution. The federal lawsuits will be under the federal second amendment right to keep right part of the federal constitution. But then there likely will be state lawsuits brought under the state of Virginia constitution which has its own independent rights and liberties. So I think you'll see parallel paths here. Now the other thing is this is very important.

[00:05:02]The United States District Court in Alexandria, known as the United States District Court for the Eastern District of Virginia, based various places, but in particular in Alexandria, is known among lawyers and litigators as the Rocket Docket. The Rocket Docket. And by the way, the Eastern District of Virginia has been referred to as the Rocket Docket even when I was applying for clerkships back at NYU Law School, you know, a million years ago. So, this is well known. And that means between the time you bring the lawsuit, it's basically under a year before you go to trial. So these cases in the Eastern District of Virginia move super duper fast, which if you support the Second Amendment and you want to get the Supreme Court fast, this is a great place to sue. The other thing to keep in mind is this is very important that the reality of this is going to sound counterintuitive, but the reality on the ground is this.

[00:05:54]The federal district courts in the Eastern District of Virginia are bound by authority of the United States Court of Appeals for the Fourth Circuit out of Richmond. You know, the court run by Harvey Wilkinson, who thank God is not on the Supreme Court who thinks you can get cut in half by an AR-15 and a machine gun. You know that guy. Okay.

[00:06:13]So, the US Court of Appeals for the Fourth Circuit is the appellet court that oversees the Eastern District of Virginia.

[00:06:20]That court has two terrible precedents called Bianke and Snope, right? Bianke Snope, right? There's a couple different ways to view that, but the bottom line is Bianke and Snope together. However you want to view those cases and how they are, they're all kind of the same.

[00:06:33]There's a bunch of these things out there in the Fourth Circuit. Basically, they've already said that AR-15 semi-automatic rifles are the equivalent to weapons of war. They are the equivalent of a fully automatic M16 machine gun and therefore they're not protected at all by the second amendment. This is clearly wrong under the constitution and everyone understands this and the fourth circuit doesn't care because they don't want you to have a guns because they think you're a peon a subject and a surf. Now the reason why this is significant is weirdly enough this is good news for us.

[00:07:06]You're like, Mark, why is it good news that the fourth circuit court of appeals has terrible precedent that forecloses as a practical matter the lawsuits being brought under the second amendment in the fourth circuit, including in the US Court of Appeal in the US District Court, I should say, in the US District Court for the Eastern District of Virginia, where the second amendment foundation where the NRA and where the fed firearms policy coalition just fought a lawsuit. The reason is because it makes the case go super duper fast because basically the lawsuits seeking relief under the second amendment. The is the federal district court is going to have to apply the fourth circuit president and say look I don't it doesn't matter what I think. The reality on the ground is I am bound by the fourth circuit president. The fourth circuit president of Snope and Bianke basically say that AR-15 semi-automatic rifles can be banned consistent with the constitution. I as a federal district court judge, a trial court have to apply that fourth circuit president. And when I do so, it means that the NRA, the Second Amendment Foundation, the Fires Policy Coalition, anybody else that brings a lawsuit, including the Department of Justice under Harmy Dylan, who's going to bring one, I'm going to rule against you all, but I'm going to have to do it fast. I'm going to do it fast because there's nothing to think about here. You have already lost the case. So I think that the second amendment rights claimants are going to lose these cases very quickly and go to the fourth circuit and lose them very quickly there as well putting them essentially on the fast track to the US Supreme Court. This is exactly what happened in Bruin by the way where the second circuit court of appeals in New York City had previously already ruled that the New York State May issue permanent regime was constitutional. The second circuit court of appeals had said it was hunky dory. So when the NRPA versus brewin case was commenced in 2018 or so, it was a quick case because it's like, well, we're going to lose cuz we there's already established press in the second circuit. The second circuit said, yeah, that's true. The district court said, yeah, that's true. And then it goes up to the US Supreme Court in 2022. We win the Bruin case. So the reason why I mention all this is because this all this we're talking about here is going to put this case on the fast track to get to the US Supreme Court. And the other thing is because the this is gonna this is a huge difference because the United States Department of Justice, if you believe what Harmony Dylan says, and I 100% do and she's going to do it because you know Barry Arrington, the Second Amendment unit there at the Department at the Department of Justice, they're going to they're going to crack down. They're they're going to attack Virginia 100%. They're going to bring a lawsuit pronto. I don't know if it'll be Friday. Uh I don't know if it'll be over the weekend. I don't know. But it's going to happen in the next few days, I'm sure. And that is going to just elevate the game. And here's why. If you look at statistically speaking, when the United States government through the solicitor general's office asked the US Supreme Court to take a case, their success rate in getting a court grant getting the US Supreme Court to grant cert in a case is some huge number. I don't know exactly what it is, but maybe it's like 80% 85%. It's a massive number. So if the United States government through the solicitor general's office ask Chief Justice John Roberts and Justice Brett Kavanaaugh and the Supreme Court, please take this case. We the federal government think this is important. They're almost always going to grant it, which is how we get the Raheem case, which is no good in the Hmani case. Up there is because the solicitor general's office under Biden and then under Trump asked for those cases to be taken and the Supreme Court took the cases because that's generally what they do. Chief Justice John Roberts really likes the Department of Justice.

[00:10:24]And if the SG asks specifically for this case to be heard, then Chief Justice John Roberts is almost certainly going to agree that it should be heard. So that is very, very good from our perspective. Now, here's the other thing to keep in mind about this lawsuit. This lawsuit in Virginia is also going to get the attention just naturally of all the Supreme Court justices that live in that Maryland, Virginia, DC area. And they all do. There's no way that the US Supreme Court is not going to be aware that the DOJ and everyone else is bringing this massive lawsuit and these lawsuits against uh the Virginia law.

[00:11:00]They definitely are attuned to this and that's very good. But we're going to break this down in a little bit more detail in just a second. In the meantime, I just want to go over some critical allegations made by the NRA, by the Second Amendment Foundation, by the Fires Policy Coalition, who brought this lawsuit together. Collectively, they're working together, which is great to see the Second Amendment women coming together to fight like hell for our rights. But here are some of the things in this complaint that was literally filed just hours after uh Governor Spamberger signed this law into effect.

[00:11:28]Let's turn it. Let's take a look at it.

[00:11:29]The second amendment to the US Constitution guarantees the right of the people to keep and bear arms. Under this constitutional provision, plaintiffs here and other all other and all other law by Virginiaians have a fundamental constitutionally guaranteed right to keep and bear common firearms for defense of self, family, and community and for all other lawful pursuits. It goes on to say, "But the Commonwealth of Virginia has enacted and defendants are charged with enforcing a flat prohibition on the importation, manufacturing, sale, purchase, and transfer of many common firearms, which are wrongly labeled assault firearms, make it in a crime for law-abiding citizens to exercise their fundamental right to keep and bear such arms. The defendants here have enacted and are charged with enforcing a flat prohibition in addition to the to the other ban uh a flat prohibition on the importation, manufacturing, sale, purchase and transfer of common ammunition, common ammunition feeding devices arbitrarily deemed to have large capacity because capable of holding more than 15 rounds of ammunition, making it a crime for law-abiding citizens to exercise their fundamental right to keep and bear such arms. That's right. That's a good summary of the law. And guess what they go on to point out? This is clearly illegal under the Second Amendment and Supreme Court precedence.

[00:12:41]Here's what they go on to say in their complaint. The Supreme Court decisions of Heler and Brun have already established the only historical practice that allows a particular type of arm to be banned. Historical restrictions on dangerous and unusual weapons. But to be banned under this historical practice, an arm must be both both dangerous and unusual. citing to Katano and the illegal concurrence there. Arms that are in common use as the firearms and magazines Virginia has banned unquestionably are cannot be dangerous or unusual. Cannot be unusual or dangerous. That's right. Neither.

[00:13:16]Therefore, they cannot be banned. And the Virginia laws challenged here and must be declared unconstitutional by a court competent to do so. And then the complaint goes on and lays out in detail why legally speaking these arms under this law are protected and this law is unconstitutional. Check it out.

[00:13:34]Virginia's unconstitutional semi-automatic firearm ban. On May 14th, 2026, Virginia enacted a ban on so-called assault firearms, which are in fact common semi-automatic firearms, declaring that any person who imports, sells, manufactures, purchases, or transfers an assault firearm is guilty of a class one misdemeanor. Exactly right. And then he goes on to point out there's 0% chance 0% chance that AR-15s, AK-47s, and these semi-automatic rifles could ever be conceived could conceivably ever be considered anything other than income use by law-abiding Americans for lawful purposes. Here's the data that's put forth in this complaint by the NRA, the Fire Policy Coalition, and the Second Amendment Foundation, all together pending in the Eastern District of New York. And by the way, as you listen to this next part of the complaint, you'll see that every single case that they reference in support of the Second Amendment is a case that we've talked about extensively here on the four box of diner, showing you that when we talk about what's important to federal courts and ultimately to the Supreme Court and to the Second Amendment. We talk about here on the four box of diner, it's important. Check it out. Here's what they have to say and tell me if some of the cases ring familiar to you.

[00:14:43]Semi-automatic firearms traditionally have been widely accepted as lawful possessions. See the Staples case by the Supreme Court, which we've talked about before. And they are in common use. See the Heler versus DC case in the DC Court of Appeals in 2011, which we've talked about before. Indeed, the US Supreme Court recently and unanimously noted that AR-15 rifles, AK-47 rifles, and 50 caliber sniper rifles are both widely legal and bought by many ordinary consumers, citing to the 2025 Supreme Court case of Smith and Wesson versus the government of Mexico. And then it goes on to say that AR-15s are among the most popular firearms in the nation and they are owned by millions of Americans.

[00:15:20]The most comprehensive survey of American gun owners indicates that about 24.6 6 million Americans have owned AR-15 or similar modern or similar modern semi-automatic rifles with a median owner identified as owning a single rifle. Goes on to say that an independent survey by the Washington Post found that 20% of a random sample of 2,000 plus gun owners own AR-15 style rifles. As a result, that would indicate of about 16 that would indicate of about 16 million Americans on an AR-15. And then it goes on from there. So, it's a very powerful complaint. It's going to lose because of the Bianke Snoke president, but it should lose fast. And by the way, here's the interesting thing. I just did a video and you guys have watched it that I suspect we're going to bid a big win out of the US Court of Appeals for the Third Circuit in the Cheeseman Association of New Jersey Rifle and Pistol Club case in the Third Circuit Court of Appeals out of Philadelphia, knocking out the New Jersey ban on A15s. That is going to create a circuit split. So, here's the interesting thing. Once you have that circuit split and now you've got these pending cases in Virginia that the Supreme Court's aware of and the DOJ is involved directly suing Virginia, this is going to create kind of a gestalt or an environment where the Supreme Court is going to realize they need to resolve this. And if if John Sauer, the solicister general of the of the United States, is told or or works with Todd Blanch, the acting attorney general, and Harmy Dylan, and they all agree, we need to seek cert out of Cheeseman or some other related case or some other case like this in Virginia. There's a bunch of different ways this can go down, the Supreme Court is going to grant cert.

[00:16:53]And this goes consistent with what Justice Brett Kavanaaugh said last year that in the next term or two, we probably should be taking an AR-15 case.

[00:17:02]So, this is all coming together as kind of a a a a perfect environment for us to get what we ultimately, which is a decision by the US Supreme Court that bans on AR-15s violate the Second Amendment. And if the Supreme Court takes one of these cases, we're 100% going to win it. 100% going to win it.

[00:17:18]We just need them to take one of these cases. And as you can see, everything, all the momentum is now starting to build up. and Governor Abigail Spamberger may have done something that she feels like is short-term politically good for her future by making the anti-gunners happy. But I'm telling you, this is a strategic mistake. She's brought all this attention upon Virginia having just lost that terrible redistricting case. Everyone is aware of this. The US Supreme Court is aware of this. Everyone is going to be focused on this. And now you've got all the heavy hitters in the Second Amendment community. All the big organizations including Harmy Dylan, Todd Blanch, and the Department of Justice are all going to come down like a ton of bricks on the head of Virginia over this law. And this is going to mean that the trend is our friend. And you guys have been waiting for this big win, as have I for a long time. And I think this is going to set it up for us to get this big win in the next 12 to 18 months or something like that. But I mean, it's coming. It's happening, folks. And we do have to thank the Department of Justice and Harmony dealer for all their great work because you know any other government um in the past would never do anything like this in favor of the Second Amendment.

[00:18:18]So uh they are the best uh Department of Justice we've ever seen. Period. Full stop. Maybe they're not perfect. No one is perfect. Uh but basically overall they're fantastic and uh I stand by that opinion which I've articulated since they took office in January 2025.

[00:18:33]Anyway, there you have it folks. So we will keep you apprised of all this exciting news out of Virginia. a lot of good stuff, bad stuff in the short run, but I think it's going to give rise to some long-term gains for the Second Amendment. And if we knock out AR-15 bans, that is going to mess up big time the billions of dollars that I suspect has been spent trying to ban these guns all across the country with the anti-gun movement. It will be a terrible setback for the anti-guners and a great win for freedom, the constitution, and the American way of life. All right, there you have it, folks. Hope you enjoyed today's episode. Make sure you follow me on Xhaturbox and Don. Don't forget to subscribe both to YouTube and Rumble.

[00:19:07]I'll talk to you real soon here at the four boxes Diner.

[00:19:10]>> Orders up. Table 2 A.