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DOJ Sues Two States Over Gun Laws

DOJ Sues Two States Over Gun Laws
AP Photo/Michael Conroy

The Justice Department has sued California over its new Glock ban and the Commonwealth of Virginia over a law banning a common semi-automatic rifle. 

The first lawsuit also seeks to prevent enforcement of the state’s “Handgun Roster” — a list limiting legal firearms that individuals may purchase. 

The United States challenges both as unlawful under the Second Amendment.

“The Second Amendment is a sacred right belonging to all Americans, even those in California. California cannot ban the most popular type of handgun in America,” said Acting Attorney General Todd Blanche. “We will work to stop this blatant trampling of our rights by the California government to protect the rights of lawful gun owners.”

 Complaint - United States v California and Robert Bonta  by  scott.mcclallen 


California’s new law would ban the retail purchase of common handguns manufactured by Glock and guns with similar firing mechanisms. The state’s existing “Handgun Roster” further limits the types of handguns citizens can lawfully purchase in California. The United States Supreme Court recently reaffirmed that the Second and Fourteenth Amendments protect the right to carry handguns outside the home for self-defense in Wolford v. Lopez. The Court reiterated that states cannot prevent citizens from using commonly used firearms for self-defense.

“The Civil Rights Division will defend law-abiding citizens from states that seek to disarm them illegally,” said Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division. “This lawsuit is yet another example of this Justice Department enforcing the Second Amendment by protecting citizens against unconstitutional state regulation of firearms.”

The DOJ’s lawsuit is fulfilling a promised lawsuit against Virginia over a law that makes the commercial purchase of AR-15-style rifles a crime. 

 Complaint for Relief - United States v Virginia Department of State Police  by  scott.mcclallen 


The Constitution is not a suggestion, and the Second Amendment is not a second-class right,” said Acting Attorney General Todd Blanche. “This Justice Department has done more to protect the Second Amendment than any administration in our nation’s history, and we will continue to do so whenever necessary.”

The AR-15 rifle is the most popular rifle in America. Virginia’s enforcement of the new ban is a pattern and practice of conduct by the commonwealth’s law enforcement officers that deprives the citizens of Virginia of their constitutional right to buy and sell arms protected by the Second Amendment. 

“On April 10, I promised Governor Spanberger that we would sue Virginia if she signed this unconstitutional weapons ban into law. I keep my promises,” said Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division. “Law-abiding Americans should not have to live under threat of criminal sanction for simply exercising their Second Amendment right to possess arms owned by millions of their fellow citizens.”

The Civil Rights Division’s Second Amendment Section enforces the Second Amendment. If you believe your right to keep and bear arms is being infringed, please submit a complaint through www.justice.gov/crt/second-amendment-section

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