(Shirleen Guerra, The Center Square) The U.S. Department of Justice sued the Commonwealth of Virginia and the Virginia Department of State Police Wednesday, saying the state’s new law restricting the future sale and purchase of certain semiautomatic firearms violates the Second Amendment.
The lawsuit, filed in the U.S. District Court for the Eastern District of Virginia, asks the court to declare portions of Senate Bill 749 unconstitutional and issue preliminary and permanent injunctions blocking enforcement of those provisions.
“The Constitution is not a suggestion, and the Second Amendment is not a second-class right,” Todd Blanche, the interim attorney general, said in a statement. “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.”
Assistant Attorney General Harmeet K. Dhillon said she warned Gov. Abigail Spanberger before she signed the legislation that the department would challenge it in court.
“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,” Dhillon said. “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 law prohibits the future manufacture, importation, sale, purchase and transfer of certain semiautomatic firearms defined under Virginia law as assault firearms, as well as large-capacity ammunition feeding devices capable of holding more than 15 rounds. Virginians who already legally own affected firearms and magazines generally may continue possessing them.
According to the complaint, the Justice Department argues the law restricts firearms that are commonly owned for lawful purposes and violates the constitutional standard established by the U.S. Supreme Court in New York State Rifle & Pistol Association v. Bruen. The complaint also alleges enforcement of the law by the Virginia State Police deprives Virginians of rights protected by the Second Amendment.
The lawsuit follows several legal challenges filed in Virginia state courts before the law took effect. Two circuit court judges issued preliminary injunctions blocking enforcement of the law in separate cases, while another judge declined to issue similar relief in a third challenge.
“The OAG will review the complaint and defend Virginia’s assault weapons ban against the Trump DOJ’s misuse of the Civil Rights Division,” Rae Pickett, speaking for Blanche’s office, said in a statement to The Center Square. “This commonsense law keeps Virginians safe, protects law enforcement, and safeguards communities across the commonwealth.”
The Center Square was unsuccessful prior to publication getting comment from Spanberger.
