Does the Jensen v. ATF injunction satisfy Virginia’s “compliance with federal law” requirement for SBRs/SBSs?
I’m trying to understand how the recent final judgment in Silencer Shop Foundation v. ATF / Jensen v. ATF interacts with Virginia law.
The federal court permanently enjoined ATF and DOJ from enforcing the challenged NFA making, transfer, registration, and possession provisions for untaxed suppressors, SBRs, and SBSs against the plaintiffs and, where applicable, their current and future members and customers. For purposes of this question, assume the Virginia resident is unquestionably covered by the injunction.
Virginia Code § 18.2-300 generally makes possession of a state-defined “sawed-off” rifle or shotgun a Class 4 felony. However, § 18.2-303.1 says the article does not prohibit possession of one when it is “possessed in compliance with federal law.”
So, if a person protected by the federal injunction makes or possesses an SBR or SBS without an approved Form 1 or 4 for NFA registration, would that firearm be considered “possessed in compliance with federal law” because the federal government is permanently enjoined from applying those NFA requirements to that person?
Or would Virginia courts interpret “compliance with federal law” as independently requiring NFA registration, even when those federal requirements cannot lawfully be enforced against the particular possessor? In other words, could Virginia effectively incorporate and enforce the enjoined federal requirements through a state prosecution?
I’m not looking to become a test case, and I’m not asking whether the federal injunction directly binds Virginia officials. It presumably does not. I’m specifically asking how the phrase “possessed in compliance with federal law” would be interpreted under these circumstances.
Has VCDL, a Virginia firearms attorney, the Attorney General, or any Virginia court addressed this issue or an analogous situation? Looking primarily for actual legal authority rather than guesses.