Justice Department Sues Virginia, California Over Gun Laws
The Justice Department sued Virginia and California on Wednesday, arguing that new state restrictions on assault weapons and easily convertible pistols violate the Second Amendment rights of millions of gun owners.
The twin lawsuits, filed in federal courts in both states, target laws that Democratic-led legislatures passed this year. The Virginia complaint challenges Senate Bill 749, signed by Gov. Abigail Spanberger in May, which makes it a crime to sell, buy, import or manufacture "assault firearms," including AR-15-style rifles, and restricts magazines holding more than 15 rounds, according to JURIST.
The California suit targets Assembly Bill 1127, signed by Gov. Gavin Newsom in October, which bars licensed dealers from selling "semiautomatic machinegun-convertible" pistols — handguns with a cruciform trigger bar, a design common to Glock and similar models that officials say makes them easy to convert into automatic weapons. The suit also seeks to halt California's handgun "roster," which limits retail sales to approved models.
'Not a second-class right'
Acting Attorney General Todd Blanche framed the filings as a defense of constitutional rights. "The Constitution is not a suggestion, and the Second Amendment is not a second-class right," he said, per The Center Square. He called California's restrictions a "blatant trampling" of American rights.
Assistant Attorney General Harmeet Dhillon, who leads the department's Civil Rights Division, had telegraphed the Virginia suit for weeks. "On April 10, I promised Governor Spanberger that we would sue Virginia if she signed this unconstitutional weapons ban into law," Dhillon said in a statement.
Both suits were brought under 34 U.S.C. § 12601, which lets the federal government seek relief against a "pattern or practice" of official conduct that deprives people of constitutional rights, CBS News reported. The department argues the covered firearms are in common use and cannot be banned under the Supreme Court's 2022 Bruen framework.
A novel use of civil rights law
The lawsuits were filed by the Civil Rights Division's Second Amendment Section, a Trump administration office that has now brought seven gun-related suits since last September, according to The Trace. The California case is its first to target firearms that can be converted into machine guns. Federal law and more than two dozen states already ban conversion devices such as "Glock switches," but only a handful of states restrict the guns most susceptible to conversion.
The states signaled they will fight. A spokesperson for Virginia Attorney General Jay Jones said the commonwealth would defend a law meant to "keep Virginians safe, protect law enforcement, and safeguard communities." A spokesperson for Newsom accused the administration of "trying to dismantle California's commonsense gun safety laws."
Courts already split
The legal terrain is unsettled. Virginia's ban was already blocked by a state-court injunction days before it was to take effect, and the 4th Circuit — which includes Virginia — upheld Maryland's assault weapons ban in 2024. The filings landed one day after the Supreme Court agreed to hear challenges to assault weapons bans in Illinois and Connecticut, a case that could ultimately decide the question. The actions also follow recent rulings in which the justices struck down a Hawaii gun-carry law and affirmed the gun rights of some marijuana users.
Frequently Asked Questions
Which laws is the Justice Department challenging?
Virginia's Senate Bill 749, which bans the sale of AR-15-style "assault firearms" and magazines over 15 rounds, and California's Assembly Bill 1127, which restricts convertible pistols and the state's handgun roster.
What is the legal basis for the suits?
Both were filed under 34 U.S.C. § 12601, which allows the federal government to sue over a "pattern or practice" of official conduct that violates constitutional rights. The department argues the firearms are protected by the Second Amendment.
Are the state laws currently in effect?
California's law took effect July 1. Virginia's ban was blocked by a state-court injunction before its effective date, and gun rights groups had already sued to stop it.
How does this connect to the Supreme Court?
The suits came a day after the justices agreed to hear challenges to assault weapons bans in Connecticut and Cook County, Illinois — a case expected to settle whether such bans are constitutional.
Sources
Reporting compiled from court records and the cited source outlets.