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The Justice Department filed lawsuits Wednesday against Virginia and California, challenging state firearm laws that the department argues violate the Second Amendment by restricting Americans’ right to keep and bear arms.
The lawsuits target a Virginia law banning the sale of certain semiautomatic rifles and a recently enacted California law restricting the sale of some pistols that can be modified into fully automatic weapons, marking the latest effort by the Trump administration to challenge state gun control measures.
“The Second Amendment is a sacred right belonging to all Americans, even those in California,” Acting Attorney General Todd Blanche said in a statement. “We will work to stop this blatant trampling of our rights by the California government to protect the rights of lawful gun owners.”
The Justice Department’s lawsuit against Virginia, filed against the commonwealth and the Virginia State Police, argues that the state’s law unlawfully prohibits the purchase and sale of commonly owned semiautomatic rifles, including AR-15-style firearms.
“The Virginia law makes the commercial purchase of AR-15-style rifles a crime,” the department said in a news release. “The AR-15 rifle is the most popular rifle in America.”
According to the department, Virginia’s enforcement of the law represents “a pattern or practice” that deprives residents of their constitutional right to buy and sell firearms protected by the Second Amendment.
In a separate lawsuit, the Justice Department challenged California’s new restrictions on so-called machinegun-convertible pistols, including certain Glock handguns, as well as the state’s long-standing Handgun Roster, which limits which handguns may be sold legally within the state. The California law took effect Tuesday.
The department is seeking to block enforcement of both the Glock restrictions and the Handgun Roster, arguing they unlawfully restrict the sale of firearms protected under the Second Amendment.
The lawsuits come as the Supreme Court of the United States prepares to hear another major Second Amendment case. On Tuesday, the justices agreed to consider two cases during the upcoming term addressing whether the Constitution protects the right to own AR-15-style rifles. The cases challenge assault weapon bans enacted in Cook County and Connecticut.
