“How do you expect to get a federal court to rule on the Constitutionality of the Virginia Statute when you have an active State case proceeding in the courts of the Commonwealth?”
Excellent question.
The short answer is by adding more plaintiffs
However, this lead plaintiff was found NOT GUILTY of “assault by intimidation” under 18.2-57 so those charges are over.
So the plaintiff in the civil lawsuit intends to continue exercising his second amendment rights, and is entitled to declaratory judgment.
But I also expect the Virginia state criminal case to be concluded before the civil case gets very far
Contact the VCDL they have been targeting the brandishing statute for a while, they might have people who would join the lawsuit.