The Trump administration has sued Virginia over its newly enacted assault weapons ban, arguing the law violates the Second Amendment and accusing the state of “besmirching” the Constitution and abandoning its historic commitment to constitutional liberty. The lawsuit, filed by the Department of Justice (DOJ) in the U.S. District Court for the Eastern District of Virginia, seeks to block enforcement of Senate Bill 749 (SB749), which took effect Wednesday, July 1, following local legal challenges. The lawsuit came just one day after the Supreme Court agreed to hear challenges to similar gun control laws in Illinois and Connecticut.
DOJ says Virginia ‘besmirched’ the Constitution, abandoned constitutional heritage
In its 15-page complaint, the DOJ argues that Virginia’s new law infringes on the rights of law-abiding gun owners while invoking the state’s role in the nation’s founding. “Virginians can be justly proud of their centuries-long tradition of leadership in the cause of liberty,” the complaint states. “Sadly, however, that tradition was recently besmirched by the Virginia legislature’s enactment of SB749, a statute that infringes law-abiding Virginians’ fundamental right to keep and bear arms and thus violates the Second Amendment.”
SB749 generally prohibits importing, manufacturing, selling, purchasing or transferring firearms classified by the state as “assault firearms,” including AR-15-style rifles. Violations can be prosecuted as Class 1 misdemeanors. The Trump administration argues that the law conflicts with the Supreme Court’s decisions in District of Columbia v. Heller and New York State Rifle & Pistol Association v. Bruen, which it says protect not only firearm ownership but also the lawful purchase and sale of firearms. According to the complaint, AR-15-style rifles are “in common use” by millions of Americans, meaning Virginia cannot prohibit their sale without demonstrating a comparable historical tradition of firearm regulation dating back to the nation’s founding.
DOJ lawsuit fulfills a pledge made before the law was signed
Assistant Attorney General Harmeet K. Dhillon said the lawsuit fulfills a pledge made before the law was signed. “On April 10, I promised [Virginia Gov. Abigail 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.”
While the lawsuit acknowledges that the Fourth Circuit’s decision in Bianchi v. Brown upholding Maryland’s assault weapons ban currently cuts against the Trump administration’s position, the DOJ argued that the ruling was wrongly decided. The department pointed to statements by Justices Clarence Thomas and Brett Kavanaugh, suggesting that the Supreme Court will eventually have to address the constitutionality of AR-15 bans. Furthermore, in an unusual move, the Trump administration also invoked a federal civil rights statute commonly associated with police misconduct investigations, arguing that enforcing an unconstitutional law constitutes a “pattern or practice” of violating constitutional rights.
Virginia defends new gun control law
Virginia officials rejected the Trump administration’s claims and vowed to defend the statute. A spokesperson for Attorney General Jay Jones said his office would review the complaint and “defend Virginia’s assault weapons ban against the Trump DOJ’s misuse of the Civil Rights Division.”
Spanberger’s office also defended the measure, saying, “Gov. Spanberger 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 governor signed this commonsense legislation to save lives and protect law enforcement officers, kids and families from gun violence — and the governor remains committed to making the commonwealth a safer home for every family.”
Supreme Court ruling could reshape gun laws nationwide
The Virginia lawsuit comes as the Supreme Court prepares to hear Viramontes v. Cook County and Grant v. Higgins, two cases challenging assault weapons restrictions in Illinois and Connecticut. Those cases are expected to determine whether states can ban semiautomatic rifles owned by millions of Americans for lawful purposes. The DOJ argues there “cannot be the slightest question” that AR-15-style rifles are commonly possessed for home defense, hunting, recreation and competitive shooting. It also cites Kavanaugh’s statement in Snope v. Brown that the Court “should and presumably will address the AR-15 issue soon.” A future Supreme Court ruling could determine not only the fate of Virginia’s law but also similar gun restrictions in other states including Maryland, California, New York, New Jersey and Illinois.
