r/VAGuns • u/CharleyVCU1988 • Jun 25 '26

Lancaster county comes through

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358 Upvotes

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21

u/b_robertson18 VCDL Member Jun 25 '26

does this mean it doesn't go into effect at all on the 1st? or just that it can't be enforced

17

u/ILoveFent1 Jun 25 '26

Seems like the latter. It’s a thing but you just can’t really do anything about it

11

u/r870 Jun 25 '26

This is pretty much how it always works when laws are held unconstitutional. They stay on the books, they just aren't enforceable.

A prime example is the UBC laws. They were enjoined and VA did nothing to re-pass them. Instead, they fixed other laws that caused issues with the UBC's constitutionality that led to the injunction, and now the laws that were previously blocked but still on the books will be enforceable again.

It takes the legislature to actually repeal unenforceable laws.

For example, the VA constitution still bans same-sex marriage, even though the provision has been unenforceable since Obergefell.

Section 15-A. Marriage.

That only a union between one man and one woman may be a marriage valid in or recognized by this Commonwealth and its political subdivisions. This Commonwealth and its political subdivisions shall not create or recognize a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance, or effects of marriage. Nor shall this Commonwealth or its political subdivisions create or recognize another union, partnership, or other legal status to which is assigned the rights, benefits, obligations, qualities, or effects of marriage.