Justice Department sues California and Virginia for weapons bans

The Justice Department has filed lawsuits targeting assault weapons bans in Virginia and California, both of which were set to take effect Wednesday.

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The government is seeking permanent injunctions in both cases to block the laws from being enforced, arguing they violate gun owners’ Second Amendment rights. The legal challenges come as the latest example of the Trump administration pushing to strike down gun control measures.

“The Constitution is not a suggestion, and the Second Amendment is not a second-class right,” Acting Attorney General Todd Blanche said in a statement announcing the Virginia lawsuit.

That lawsuit, which names the commonwealth and the Virginia State Police as defendants, challenges a law banning the sale and purchase of assault weapons and magazines capable of holding more than 15 rounds. Gov. Abigail Spanberger, D-Va., signed the law in May, but two court injunctions have blocked it from taking effect until next year as legal challenges from gun rights’ groups unfold.

Meanwhile, gun safety organizations, including Everytown for Gun Safety and Brady, applauded the measure when it was signed into law, making Virginia the 11th state to ban assault weapons nationwide, according to Everytown. Amongst Virginians, the law appears popular: Roanoke College conducted a poll of more than 800 voters in February and found that nearly 60% supported banning assault rifles.

According to a Washington Post report published in 2023, AR-15s are the best-selling rifles in the U.S., with roughly 15 million people owning at least one, per polling data from the Post and Ipsos. Those who do not own the rifles may be most familiar with them based on their use in several of the country’s deadliest mass shootings.

The government’s 13-page complaint makes no mention of the rifles’ historic use in school shootings. The complaint states: “AR-15 type rifles are not commonly used by criminals,” instead citing survey data showing their use for self-defense and hunting.

A spokesperson for Spanberger’s office told MS NOW on Wednesday that the governor “firmly believes that firearms designed to inflict maximum casualties do not belong in our communities, near our kids and schools, or on Virginia’s streets.”

The Virginia State Police directed MS NOW’s questions to the state attorney general’s office, which said in a statement it would “defend Virginia’s assault weapons ban against the Trump DOJ’s misuse of the Civil Rights Division.”

“This commonsense law keeps Virginians safe, protects law enforcement, and safeguards communities across the Commonwealth,” the statement said.