DOJ files lawsuit against Virginia over ‘assault weapon’ ban
The Department of Justice (DOJ) has filed a lawsuit against Virginia over its recent “assault weapons” ban, signed into law by Governor Abigail Spanberger.The lawsuit, led by Assistant Attorney General Harmeet Dhillon, claims that the legislation violates the Second Amendment by infringing on law-abiding Virginians’ right to keep and bear arms. The law, part of broader gun control measures enacted in april, bans the sale, import, manufacture, and transfer of semi-automatic center-fire rifles and pistols capable of holding more than 20 rounds, as well as high-capacity magazines over 15 rounds. Critics argue that the term “assault weapons” is politically motivated and not a technical firearm classification. The lawsuit highlights that many responsible Americans use these rifles lawfully for purposes such as self-defense. Virginia Republicans have welcomed the federal challenge, stating that Virginians shouldn’t have to rely on federal intervention to protect their gun rights.meanwhile, a Virginia judge issued a preliminary injunction blocking the enforcement of the ban, citing violation of the state constitution, which temporarily halts its implementation. The case is part of ongoing legal battles over “assault weapons,” wiht the Supreme Court set to hear a related case next term to determine if the Second and Fourteenth amendments guarantee the right to possess AR-15-style firearms.
The Department of Justice filed a lawsuit against Virginia on Wednesday over a proposed “assault weapons” ban signed by Gov. Abigail Spanberger (D-VA) that was previously meant to take effect the same day.
Assistant Attorney General Harmeet Dhillon filed the lawsuit against the commonwealth and the Virginia State Police, alleging Virginia “besmirched” the Second Amendment by passing such legislation.
Recommended Stories
“Virginians can be justly proud of their centuries-long tradition of leadership in the cause of liberty,” the filing said. “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.”
The ban was signed by Spanberger as part of sweeping gun control legislation in April that banned the sale, purchase, import, manufacture, and transfer of semiautomatic center-fire rifles or pistols that can hold more than 20 rounds, which she referred to as “assault weapons.” The gun control legislation also includes a ban on high-capacity magazines that can hold more than 15 rounds.
In the lawsuit, Dhillon also takes issue with the term “assault weapons,” framing it as politically charged.
“The law thus uses politically charged rhetoric to describe the arms to which it applies. The term ‘assault firearm’ is not a technical term used in the firearms industry,” the filing said. “Rather, the term ‘assault weapon’ (and derivatives of that term) is a rhetorically charged political term developed by anti-gun publicists.”
Additionally, the lawsuit argues that because millions of “law-abiding Americans” own AR-style rifles and use them for a lawful purpose, the ban would bar citizens from using “ordinary semiautomatic rifles for a variety of lawful purposes, including but not limited to self-defense.”
Virginia Republicans responded to the DOJ’s lawsuit, calling it “welcome news.”
“This is welcome news, but Virginians shouldn’t have to rely on federal intervention to protect their Second Amendment freedoms. Democrats are targeting law-abiding, responsible gun owners – and now they’re using YOUR tax dollars to defend their unconstitutional gun grab,” a statement Wednesday read.
The filing comes less than a week after a Virginia judge issued a preliminary injunction barring state police from enforcing the ban. In that case, a Lancaster County judge handed down the ruling based on the plaintiff’s argument that the ban violated the Virginia Constitution.
JUDGE BLOCKS VIRGINIA ASSAULT WEAPONS BAN DAYS BEFORE IT TAKES EFFECT
The judge’s ruling means Spanberger’s ban will no longer take effect on July 1 as planned, and the preliminary injunction will last until the end of the year.
In response to the Lancaster County ruling, Spanberger’s office said the governor “firmly believes” such weapons don’t belong on the streets.
Elsewhere, the Supreme Court agreed to take up an “assault weapons” ban case next term, related to challenges to Illinois and Connecticut laws. The court will rule on the argument over “whether the Second and 14th Amendments guarantee the right to possess AR-15 platform and similar semiautomatic rifles.”
The Washington Examiner reached out to Spanberger’s office for comment on the DOJ lawsuit.
" Conservative News Daily does not always share or support the views and opinions expressed here; they are just those of the writer."
*As an Amazon Associate I earn from qualifying purchases
