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Bruen vs. Helmer: Why Virginia’s Gun Control Bills Are on Life Support
- Mom At Arms
- a few seconds ago
- 4 min read
Virginia's Gun Grabbers are at it again! YAAAAAY!!
If you've not read our previous articles on the slew of Gun Control bills proposed and projected with the incoming "Spanberger" reign, go take a gander. For the sake of this article, I'm going to do my best to answer the question many Pro 2A advocates have been asking: "How does the Bruen Decision affect these bills?" Delegate Dan Helmer- apparently inspired by New York’s failed experiment, has introduced HB24 and HB21, two bills that scream “modern solution” in a constitutional world that just slammed the door on such ideas.
Spoiler alert: thanks to the Supreme Court’s Bruen decision, these bills are walking into a legal buzzsaw.
If you’re wondering how to fight back, keep reading. If you've been following Mom-At-Arms for a while now, you'll know this isn’t just a snark laced analysis... it’s a full battle plan.
What Bruen Changed
In New York State Rifle & Pistol Association v. Bruen (2022), the Court didn’t just tweak the rules, it nuked the old “balancing test” and replaced it with a history lesson:
If the Second Amendment’s text covers the regulated conduct, the law is presumptively unconstitutional.
The government must prove the law aligns with the Nation’s historical tradition of firearm regulation.
Translation: “Public safety” talking points won’t save you. If Thomas Jefferson didn’t sign off on it, good luck defending it in court- which is honestly what Virginia's Anti-Freedom, Anti- Constitution, Gun Grabbing Politicians want to do... and I'm here for it!
HB24: Reciprocity Restrictions
What It Does:
Requires Virginia residents to obtain a Virginia-issued permit.
Denies recognition of out-of-state permits for residents.
Why It’s Vulnerable:
Bruen protects the right to carry firearms in public.
There is zero historical precedent for states playing the “my permit or nothing” game.
Courts have already torched similar licensing schemes post-Bruen.
Legal Argument: HB24 is basically a bureaucratic speed bump on a constitutional highway and the speed bumps don’t survive Supreme Court scrutiny. Sorry about your luck, Helmer!
HB21: Industry Standards & Civil Liability
What It Does:
Imposes conduct standards and civil liability on firearm manufacturers.
Why It’s Vulnerable:
While indirect, this law chills lawful commerce in arms, burdening access to firearms.
There is no Founding-era analogue for suing gun makers because someone misused a musket.
Courts have rejected modern regulatory gimmicks that lack historical roots.
Legal Argument: HB21 is a Trojan horse, dress it up as “responsibility,” but it’s still an infringement on the right to keep and bear arms.
It's only right that I share this information since I work for the state org that's going to be taking these cases head-on. Don't worry! I'm not giving away any secrets. Considering these proposed bills, it's apparent the anti's want to live in the courts, so let's prep ourselves for it!
Expanded Legal Strategies
If you want to challenge these bills, here’s how to make your case bulletproof:
Historical Research:
Dig deep into Founding-era laws to show there’s no precedent for reciprocity restrictions or industry liability.
Prepare expert affidavits from historians and constitutional scholars.
Civil Litigation:
File suits immediately upon enactment! Civil cases succeed more often post-Bruen (32% success rate vs. 4% in criminal cases).
Federal court is the preferred venue for consistent application of Bruen.
Seek Preliminary Injunctions:
Argue irreparable harm (loss of constitutional rights) and likelihood of success on the merits. Fact of the matter... IT IS A LOSS OF CONSTITUTIONAL RIGHTS!
Courts love clear constitutional violations. They... hate... waiting... games.
Use Precedents:
Cite recent rulings striking down age limits, sensitive place bans, and assault weapon prohibitions.
Show that courts are applying Bruen aggressively.
Economic Impact Studies:
For HB21, demonstrate how liability provisions choke lawful commerce and reduce access to firearms.
Amicus Support:
Bring in national gun rights organizations (GOA, SAF) to flood the docket with briefs.
Public Pressure:
Frame the fight as defending constitutional rights, not playing Helmer’s political games. That's what HE wants. He, like others pushing similar bills, are trying to make a name for themselves in politics. They want them Bloombucks BAD!
Just in case you're like me a need a schedule of how things will go upon the listed info above challenging these efforts... so you can plan it all out in your noggin... here ya go:
Litigation Roadmap
Here’s the playbook for the legal fight:
Phase 1: Pre-Enactment
Gather historical evidence proving these bills have no Founding-era cousins.
Line up expert affidavits and advocacy groups for amicus support.
Phase 2: Immediate Filing
Sue in federal court within 30 days of enactment.
Request preliminary injunctions—because losing constitutional rights isn’t something you “wait and see” on.
Phase 3: Discovery
Drop historical expert reports like they’re hot.
For HB21, show how liability provisions choke lawful commerce.
Phase 4: Motion Practice
Move for summary judgment based on Bruen’s text-history-tradition test.
Flood the docket with amicus briefs from national gun rights organizations.
Phase 5: Appeals
Be ready for the Fourth Circuit.
Position the case for SCOTUS if Helmer’s handiwork somehow survives.
Phase 6: Public Pressure
Use litigation to discourage copycat bills in future sessions.
Keep the narrative strong: “Helmer vs. History” is a losing battle.
Timeline:
30 days: File complaints and injunction motions.
90 days: Complete discovery and expert reports.
6–12 months: Summary judgment and appeals.
What are the Implications for Future Gun Laws
In a post-Bruen world, lawmakers can’t just dream up gun control. They need Founding-era receipts, and SPOILER: those receipts don’t exist.
Sooooo... Cue the lawsuits, injunctions, and migraine-level headaches for anyone pushing these bills.
Here's a Mom-At-Arms message to all...
HB24 and HB21 aren’t just bad policy... they’re constitutionally doomed. Bruen turned the Second Amendment into a legal sledgehammer, and these bills are the nails. Delegate Helmer might want to brush up on history before drafting the next round. I teach a class!!
Call to Action
Want to stay updated on the legal fight against HB24 and HB21? Subscribe to Mom-At-Arms, and/or become a member of VCDL, GOA, SAF, & WGR.