Justice Department sues Virginia, California on guns

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1–2 minutes

Summary

The Justice Department sued Virginia and California over state gun laws it said violate the Second Amendment.

Why this matters

The cases add to a widening legal fight over state gun restrictions as the Supreme Court prepares to weigh whether the Second Amendment protects AR-15-style rifles. The outcome could affect how far states can go in regulating firearm sales.

The Justice Department said Wednesday that it sued Virginia and California over state gun laws it argued violate the Constitution.

In Virginia, the department challenged a law that it said bars the sale of certain semi-automatic rifles, including AR-15-style weapons. The suit, filed against the state and Virginia State Police, alleges the law “unconstitutionally bans the purchase and sale of ordinary semi-automatic rifles owned by millions of Americans.”

“The Virginia law makes the commercial purchase of AR-15-style rifles a crime,” the department said in a news release. “The AR-15 rifle is the most popular rifle in America. Virginia’s enforcement of the new ban is a pattern or practice of conduct by the commonwealth’s law enforcement officers that deprives the citizens of Virginia of their constitutional right to buy and sell arms protected by the Second Amendment.”

In California, the department sued over a law that took effect July 1 and restricts sales of some firearms with triggers that could be modified into a “machinegun-convertible pistol.” The department said the lawsuit seeks to stop enforcement of the state’s Glock ban and its “Handgun Roster,” which limits which firearms can be purchased legally.

The department said both California policies are unlawful.

In a statement, Acting Attorney General Todd Blanche said, “the Constitution is not a suggestion” and “the Second Amendment is a sacred right belonging to all Americans, even those in California.”

The Supreme Court will hear two challenges to state and local bans on AR-15s and similar semi-automatic rifles, one involving an ordinance in Cook County, Illinois, and the other a Connecticut law.

In two rulings last month, the court struck down a Hawaii law restricting guns on private property open to the public and ruled for a Texas man challenging a federal ban on gun possession by some drug users.

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