The Department of Justice isn’t waiting around for someone else to defend the Second Amendment.
On Wednesday, the DOJ filed two separate lawsuits against California and Virginia, arguing both states crossed the constitutional line by banning firearms that millions of Americans lawfully own.
Taken together, the lawsuits send a clear message: the Trump administration intends to use the federal government not just to defend federal gun laws. But to challenge state gun restrictions it believes violate the Constitution.
California: DOJ Targets Glock Ban
The first lawsuit takes aim at California’s newly enacted “Glock Ban,” along with the state’s long-running Handgun Roster.
According to the DOJ, California’s new law effectively prevents residents from purchasing Glock pistols and other handguns that use similar firing mechanisms, while the Handgun Roster continues restricting which handguns dealers may legally sell.
The Second Amendment is a sacred right belonging to all Americans, even those in California,” Acting Attorney General Todd Blanche said.
California cannot ban the most popular type of handgun in America.
The lawsuit also points to the Supreme Court’s recent decision in Wolford v. Lopez, arguing that states cannot prohibit law-abiding citizens from acquiring commonly used firearms for self-defense.
Assistant Attorney General Harmeet Dhillon said the Civil Rights Division intends to continue defending gun owners against unconstitutional state firearm regulations.
“The Civil Rights Division will defend law-abiding citizens from states that seek to disarm them illegally,” Dhillon said.
Virginia: AR-15 Ban Faces Federal Challenge
Just hours later, the Justice Department announced another lawsuit. This time against Virginia.
The DOJ argues the Commonwealth’s newly enacted law banning the commercial sale of AR-15-style rifles violates the Second Amendment because it prohibits firearms owned by millions of Americans.
“The Constitution is not a suggestion, and the Second Amendment is not a second-class right,” Blanche said.
This Justice Department has done more to protect the Second Amendment than any administration in our nation’s history.
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Dhillon noted she had previously warned Virginia officials that litigation would follow if the legislation became law.
“On April 10, I promised Governor Spanberger that we would sue Virginia if she signed this unconstitutional weapons ban into law,” Dhillon said. “I keep my promises.”
The DOJ contends AR-15-style rifles are among the most commonly owned firearms in the country and argues Virginia cannot criminalize their sale consistent with Supreme Court precedent.
A Different DOJ Strategy
Regardless of where someone stands on gun policy, these lawsuits represent a notable shift in how the federal government is approaching the Second Amendment.
For years, gun-rights organizations typically carried the burden of challenging state firearm restrictions. Now, the Justice Department itself is bringing those fights.
That could significantly raise the stakes for states pursuing aggressive firearm regulations.
Both lawsuits are being handled through the Justice Department’s Civil Rights Division and its newly established Second Amendment Section, which was created specifically to investigate and litigate alleged violations of Americans’ right to keep and bear arms.
Whether these challenges ultimately succeed will be decided in federal court. But what we do know now is the DOJ isn’t sitting on the sidelines anymore.
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