Three judges heard Richmond out — and said no.
In late May, Attorney General Jay Jones and a group of allied commonwealth’s attorneys asked the Supreme Court of Virginia to invoke the Multiple Claimant Litigation Act — a request to sweep Crump, Santolla, Curtis, and Black out of the four county courthouses where they were filed and merge them into one consolidated proceeding, in one venue, before one bench.
On June 3, Chief Justice Cleo E. Powell appointed three circuit judges — Richard S. Wallerstein Jr., J. William Watson Jr., and Helivi L. Holland — to decide whether the state’s request met the Act’s standard. Argument came the morning of July 6.
Gun Owners of America — a party in Crump — announced the result within about an hour: consolidation denied. In GOA’s words, the cases “can now proceed in their own courts.”
A mass-tort tool, aimed at the Constitution
The Multiple Claimant Litigation Act is Virginia’s mass-tort machinery. It exists so that when hundreds of people sue over the same defective product or the same asbestos exposure, the Commonwealth doesn’t run hundreds of identical trials. That is the tool the Attorney General picked up and pointed at four constitutional challenges — brought by different plaintiffs, on different legal theories, in four different counties.
A statute is not an asbestos pile. The plaintiffs’ opposition said the quiet part plainly: these cases share a target, not a transaction — one pleads only the Virginia Constitution, one is a militia-clause fight, one raises the right to hunt, and the plaintiffs range from a single gun owner to Paul Clement’s industry clients. And they told the court what the request was really for. Here is what consolidation would have bought the state:
One judge instead of four
Three separate courts were handing the state losses. Consolidation replaces all of them with a single bench — one ruling to rule them all, and only one bench to persuade.
A fresh forum for both injunctions
Preliminary injunctions are interlocutory orders. Hand the cases to a new court for “coordinated or consolidated pretrial proceedings” and the state gets to ask a brand-new judge to revisit the orders it already lost.
Months back on the clock
The Crump plaintiffs warned in their opposition that the panel process “may take several months.” Every one of those months is a month the ban’s challengers spend re-briefing instead of winning.
The map, redrawn
Plaintiffs chose Lancaster, Washington, Spotsylvania, and Fauquier. The application would have erased all four choices with one filing — which is why the fight was never really about efficiency.
The state’s counter, in its application: without a transfer, rulings in four courts “will proceed contemporaneously and lead to confusion and chaos.” Understand what that means. Losing in three courtrooms at once is not chaos. It is due process, working. On July 6, three judges declined to make it stop.
Four cases. Four courts. All proceed.
Article I, Section 13 of the Virginia Constitution only — the complaint pleads no federal claim at all, so the Fourth Circuit’s Bianchi precedent can never reach it.
This is the case that saved July 1. Judge John S. Martin granted a statewide preliminary injunction on June 25 barring the Virginia State Police from enforcing the SB 749 sale ban, the 15-round magazine ban, and the SB 727 carry expansion — and refused to narrow it to Lancaster County, and refused to stay it. It runs through December 31, 2026 or a final order. It stays exactly where it was won.
State constitutional challenge tried in the far southwest — about as far from Richmond as a Virginia courtroom gets.
The second injunction. On June 29, Judge Jeffrey L. Campbell enjoined the State Police and six named commonwealth’s attorneys — Washington, Chesterfield, Frederick, York, Giles, and Chesapeake — from enforcing the ban, with relief running all the way to July 1, 2027 or a final order. It stays with the judge who granted it.
The militia-clause case — a head-on fight over what Article I, Section 13 means, in front of the one judge who read it Richmond’s way.
The state’s only win so far lives here: Judge William Glover denied a preliminary injunction on June 18, reading Section 13 as a collective militia right. The merits fight continues on the plaintiffs’ chosen docket — and that June 18 loss is now one data point among four courts instead of the template for all of them.
The kitchen-sink industry case: Second Amendment, Article I § 13, and — alone among the six fronts — Article XI, Section 4, Virginia’s constitutional right to hunt.
Paul Clement’s firm stamped its injunction papers on May 19 and asked for a hearing by June 19. It never got one — the consolidation application hung over the docket for seven weeks while gun shops and manufacturers bled. That cloud is gone. Fauquier can now set the hearing.
The freeze that saved July 1 stays frozen
Remember what is actually being protected here. Crump is the statewide injunction — the order that barred the State Police from enforcing the sale ban, the magazine ban, and the carry expansion before any of it ever switched on, running through December 31, 2026 or a final order. Santolla is the second shield, reaching to July 1, 2027. Both were won in front of judges the state was trying to leave behind.
A preliminary injunction is an interlocutory order. Move the case, and the new court handling “coordinated or consolidated pretrial proceedings” can be asked to revisit it. The state already tried the direct route — it asked Judge Martin to shrink his injunction to Lancaster County and to stay it pending appeal, and he refused both. Consolidation was the do-over: a brand-new bench, a fresh motion, the same ask.
There is no do-over. The injunctions stay with the judges who granted them — welded to the dockets where they were won.
Venue is the whole ballgame — and Virginia just proved it
You do not have to take my word for what a courtroom is worth. Virginia ran the experiment in one week, on the same statute and the same constitutional clause.
Article I, Section 13 read as a collective, militia-tethered right — conferring “no individual right” to the banned rifles. The ban survives the motion.
The same clause, read through text and history — and the ban is frozen across all of Virginia before its start date, over the state’s objection.
Same statute. Same clause. Seven days apart. Opposite outcomes. That gap is what Richmond was trying to buy with one motion — and the panel just took it off the table.
Four shots on goal stay four
Every state case, in every courtroom — plus the two federal cases, plus whatever the Supreme Court says about the AR-15 next June.
One final judgment striking the ban — from any one of these courts — and make it stick on appeal. That’s it.
The spread of legal theories is not an accident — it is strategy. Crump pleads only the Virginia Constitution, so the Fourth Circuit’s Bianchi precedent can never touch it. McDonald is the clean federal cert vehicle. Black brings the industry and the right-to-hunt clause. Curtis forces the militia-clause question head-on. Consolidation would have collapsed four independent chances into one roll of the dice, decided by one judge. The panel kept all four alive — four records, four rulings, four paths up.
The stall is dead
Here is the part most coverage will miss: the consolidation application was doing damage while nobody ruled on it. The moment the panel existed, Lancaster stayed Crump and cancelled the June 12 injunction hearing — 19 days before the ban’s start date. It took an emergency motion and a mandamus petition to the Supreme Court of Virginia to get that hearing back. Black never got one at all: injunction papers stamped May 19, and seven weeks of silence while the transfer request hung over the docket.
And the plaintiffs’ opposition warned exactly where this was headed: the panel process “may take several months.” Months of re-briefing, months of frozen dockets, months of a ban defended by delay instead of argument.
That clock got torn up on the morning of July 6.
Twelve days that buried the ban
Put July 6 where it belongs — at the end of the worst two-week stretch any gun-control law has ever had in this state. Since June 25, every court, every vote, and every filing has gone against SB 749.
Crump v. Katz — statewide preliminary injunction. The State Police are barred from enforcing the ban six days before its start date.
Santolla v. Katz — a second court enjoins the ban, this time through July 1, 2027.
Richmond delays its own carry ban. The General Assembly adopts the Governor’s budget amendment pushing the § 18.2-287.4 carry ban to July 1, 2027.
The Supreme Court of the United States agrees to decide whether the Second Amendment protects the AR-15 — Viramontes and Grant, consolidated for October Term 2026.
The United States sues Virginia. DOJ’s Second Amendment Section files United States v. Commonwealth of Virginia, No. 3:26-cv-00610, the day the ban was supposed to take effect.
The three-judge panel refuses to consolidate. Every case stays in the court where gun owners filed it.
Every track is green
Fauquier sets the hearing
Black v. Hook has had injunction papers on file since May 19 with no hearing — The Reload reported the NSSF-backed suit was held up by the Attorney General’s transfer request. The obstacle is gone.
Lancaster drives toward a final order
The Crump injunction runs through December 31, 2026 or a final order — so the merits fight is on. The Attorney General’s separate appeal of the injunction continues at the Court of Appeals of Virginia. That fight was always coming; today killed the shortcut around it.
Washington County holds the long shield
Santolla’s injunction already reaches to July 1, 2027 — past the delayed carry ban’s new start date. It proceeds at home.
Spotsylvania fights the merits
Curtis lost its injunction motion on June 18, but the case itself is alive — and the collective-right reading Judge Glover adopted now has to survive contact with three courts that read the clause the other way.
The federal track runs regardless
McDonald v. Katz (the NRA/FPC/SAF cert vehicle in Alexandria) and United States v. Virginia (the DOJ’s § 12601 suit in Richmond) were never subject to this panel. And the Supreme Court hears the AR-15 question itself this fall.
Richmond wanted one courtroom for a reason: it cannot defend this law in six. As of July 6, it has to.
What this ruling is, and is not
The written order is not public yet
The denial was announced by Gun Owners of America on the morning of July 6, within about an hour of the panel convening — GOA is a party, through Crump. The panel’s written order and its reasoning had not been posted when this page was built. Details like partial coordination of discovery, if any, will come from the order itself.
This ruling strikes down nothing
It is procedural. SB 749 is still an enacted statute, and no court has yet issued a final merits judgment against it. What this ruling decides is where and before whom those merits get decided — which is exactly why both sides fought so hard over it.
The injunction appeals continue
Attorney General Jones is still appealing the Crump injunction, and the state can contest Santolla too. A preliminary injunction is a freeze, not a verdict. What died on July 6 is the do-over — the chance to move the whole war in front of a different judge before those appeals play out.
One court did rule for the state
Spotsylvania denied an injunction on June 18 and read Article I, Section 13 as a collective right. Honest scoreboard: gun owners are up 2–1 on injunctions in the state courts, not undefeated. The split is real — and it is headed to the Supreme Court of Virginia on full records from four courts, not one.