The Justice Department on Wednesday filed lawsuits against Virginia and California, challenging state firearm restrictions it claims violate the Second Amendment and unlawfully limit Americans’ constitutional right to keep and bear arms.
The suits target a Virginia law banning the sale of certain semiautomatic rifles and a newly enacted California law restricting the sale of some pistols that can be modified into fully automatic weapons.
Acting Attorney General Todd Blanche stated in a statement: “The Second Amendment is a sacred right belonging to all Americans, even those in California. 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 argues that the state’s law unlawfully prohibits the purchase and sale of commonly owned semiautomatic rifles, including AR-15-style firearms. In a news release, the Justice Department noted: “The Virginia law makes the commercial purchase of AR-15-style rifles a crime. The AR-15 rifle is the most popular rifle in America.”
According to the Justice Department, enforcement of the law by Virginia authorities constitutes “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 the handguns that may be sold legally within the state.
The California law took effect Tuesday.
The Justice Department said the lawsuit seeks to block enforcement of both the Glock restrictions and the Handgun Roster, arguing that they unlawfully restrict the sale of constitutionally protected firearms.
The legal challenges come as the Supreme Court prepares to take up another major Second Amendment dispute. On Tuesday, the high court agreed to hear two cases during its next term that will address whether the Second Amendment protects the right to own AR-15-style rifles. The cases challenge bans enacted in Cook County, Illinois, and Connecticut.
The Supreme Court has continued to expand Second Amendment protections in recent decisions. Last month, the justices struck down a Hawaii law restricting firearms on private property open to the public and ruled in favor of a Texas man challenging a federal law prohibiting certain drug users from possessing firearms.
