Particle.news
Download on the App Store

Justice Department Sues California and Virginia Over New Gun Restrictions

The federal suits seek injunctions under a pattern-or-practice statute and press Bruen-era Second Amendment tests that could change how states enforce bans on popular firearms.

Overview

  • The Department of Justice filed federal complaints in early July asking courts to block enforcement of California’s AB1127 and Virginia’s SB749, which restrict certain semiautomatic pistols and AR-15-style rifles and magazines.
  • The DOJ brought both cases under 34 U.S.C. §12601, a law that lets the United States seek equitable relief against government practices that deprive people of constitutional rights, and asked for injunctions to stop state enforcement.
  • The complaints invoke the Supreme Court’s Bruen framework, arguing the covered guns are ‘‘in common use’’ for lawful purposes and saying the laws cannot meet the historical-tradition test judges now apply.
  • Virginia faces mixed enforcement: its ban was set to take effect July 1 but some state-court injunctions already block parts of it, while California’s dealer sales ban and challenge to the Handgun Roster took effect July 1 and are now the target of the federal suit.
  • The cases are led by the DOJ Civil Rights Division and come as the Supreme Court prepares to review major assault-weapons cases, a development that could decide whether state bans of this kind survive nationwide.