SouthernWorldwide.com – The Justice Department has intensified its efforts against state-level firearm restrictions by filing lawsuits in California and Virginia. This action follows closely on the heels of the Supreme Court’s affirmation that Second Amendment rights are not secondary in the case of Wolford v. Lopez.
These synchronized legal challenges are directed at firearm laws enacted with support from Democratic lawmakers in both states. The department aims to invalidate California’s regulations on the sale of new Glock-style semi-automatic pistols and Virginia’s prohibition of the manufacture, sale, transfer, and purchase of specific semi-automatic firearms classified as assault weapons.
The lawsuit against California was filed mere hours after the state’s new handgun restrictions went into effect. This move came after Attorney General Rob Bonta declined to negotiate with the Justice Department, which had asserted that the state’s limits on gun rights were unconstitutional. Harmeet Dhillon, Assistant Attorney General for Civil Rights, stated that the administration is taking alleged violations of the Second Amendment seriously.
Dhillon elaborated in a press release, stating, “This lawsuit is yet another example of this Justice Department enforcing the Second Amendment by protecting citizens against unconstitutional state regulation of firearms.”
Bonta had previously announced on Tuesday that the Justice Department had issued a notice of intent to sue California, arguing that the law infringed upon the Second Amendment. In a response letter, Bonta rejected the department’s legal stance and refused to engage in negotiations.
“The Unsafe Handgun Act and Penal Code section 27595 are commonsense handgun design safety laws that help to prevent accidental discharges by experienced and non-experienced firearm users as well as the conversion of semiautomatic pistols into deadly automatic firing weapons,” Bonta wrote.
“If the U.S. Department of Justice decides to file the lawsuit described in your letter, it will not be breaking any new ground.”
Dhillon responded on X with a concise message: “See you in court.”
Shortly thereafter, the Justice Department announced its lawsuit against California, with Dhillon and Deputy Assistant Attorney General Jesus Osete listed as counsel.
Governor Gavin Newsom’s office criticized the Trump administration, accusing it of attempting to dismantle California’s gun safety laws. Newsom’s spokeswoman, Diana Crofts-Pelayo, stated, “Our response is simple — these laws save lives. California has proven that strong, evidence-based gun safety measures can reduce gun violence while respecting the rights of responsible gun owners.”
Crofts-Pelayo added that California would not be “intimidated” by what she described as politically motivated litigation and would continue to enforce laws designed to keep dangerous weapons off the streets.
California is known for having some of the nation’s most stringent firearm regulations, which state officials attribute to one of the country’s lowest rates of gun deaths.
However, the leading Republican in the Golden State appeared to concur with the DOJ’s assessment that the law curtails the rights of Californians. Senate Minority Leader Brian Jones, R-San Diego, commented, “The Second Amendment applies to every American, even those living in California. Unfortunately, California Democrats find that fact inconvenient, so they ignore it in their efforts to erode and ultimately eliminate Californians’ lawful access to firearms.”
“That’s why action like this is needed and I’m grateful that the DOJ has decided to join the fight and help preserve our constitutionally guaranteed freedoms in California.”
The lawsuit against California was filed shortly after the Justice Department initiated legal action against Virginia concerning a recently enacted ban on so-called assault firearms.
This lawsuit challenges Senate Bill 749, which was sponsored by state Sen. Saddam Salim, D-Dunn Loring, and signed into law by Gov. Abigail Spanberger in May. The ban, which took effect on Wednesday, makes it a misdemeanor to import, sell, manufacture, purchase, or transfer certain semi-automatic firearms defined as assault weapons under state law.
Acting Attorney General Todd Blanche emphasized that the Constitution “is not a suggestion” and that the Second Amendment is not a “second-class right.”
Dhillon stated that she had warned Spanberger in April that the Justice Department would file a lawsuit if the legislation was signed. She confirmed on Wednesday that the administration was upholding that pledge.
A spokesperson for Spanberger defended the law, asserting 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 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,” the spokesperson said.
Virginia House Minority Leader Terry Kilgore, R-Gate City, welcomed the lawsuit, noting that the state is now expending taxpayer funds to defend “an unconstitutional gun ban against the United States itself.”
“House Republicans said this law could not stand. A Virginia court has already blocked it, and now the Justice Department agrees. It should be repealed.”
The National Association for Gun Rights also commended the department’s actions.
“Thank God a small number of committed individuals in DC realize we only have a few years of opportunity to make moves like this, and they’re seizing it,” the group stated.
Hannah Hill, executive director of the National Foundation for Gun Rights, suggested that the Supreme Court’s ruling in Wolford v. Lopez, which she believes strengthened Second Amendment protections, provided the Justice Department with additional legal grounds for its recent lawsuits against California and Virginia.
These lawsuits were announced on the same day that the Supreme Court agreed to hear two Second Amendment cases in the upcoming term, both of which challenge state and local bans on certain semi-automatic rifles.
