Virginia’s Democratic governor just signed one of the most sweeping assault weapons bans in the country — and the Trump Department of Justice is promising to see her in court.
Story Highlights
- Virginia Gov. Abigail Spanberger signed a gun-control package banning the future sale, transfer, manufacture, and importation of AR-15-style rifles and magazines over 15 rounds.
- The Department of Justice (DOJ) Civil Rights Division issued a formal warning letter threatening litigation if the bill became law, citing Second Amendment violations.
- Assistant Attorney General Harmeet Dhillon argued the ban unconstitutionally restricts firearms “in common use” by law-abiding Americans, a key standard under Supreme Court precedent.
- The National Rifle Association (NRA) has already filed a state lawsuit challenging the new bans, with the Gun Owners of America and Virginia Citizens Defense League also signaling legal action.
Spanberger Signs — Then Makes the Ban Worse
Virginia Gov. Abigail Spanberger signed a sweeping gun-control package into law and, in a move that stunned Second Amendment advocates, sent an assault-firearms ban back to lawmakers with amendments that made it even more restrictive. The final package bans the future sale, transfer, manufacture, and importation of covered semi-automatic firearms and magazines holding more than 15 rounds, creating misdemeanor penalties for violations. A companion bill also removes pistols from the state’s definition of “assault weapons,” signaling just how broadly the original legislation had been drawn. [2]
The governor’s decision to toughen the bill rather than moderate it drew immediate fire from gun-rights groups and put Virginia squarely in the crosshairs of the Trump administration’s Department of Justice (DOJ). For the millions of law-abiding Virginians who legally own AR-15-style rifles for home defense, sport shooting, and hunting, the new law represents a direct government assault on rights they believed were settled by the Supreme Court. [3]
DOJ Issues Formal Warning — Then Follows Through
Before Spanberger even signed the bills, the DOJ’s Civil Rights Division fired a formal warning shot. Assistant Attorney General Harmeet Dhillon sent a letter to Virginia officials stating, “This letter provides formal notice that the Civil Rights Division will commence litigation in the event the Commonwealth of Virginia enacts certain bills that unconstitutionally limit law-abiding Americans’ individual right to bear arms.” The warning was not a bluff — the DOJ followed through with a lawsuit after the governor’s signature. [3]
Dhillon’s letter specifically cited House Bill 749, arguing it “would require Virginia law enforcement agencies to engage in a practice of unconstitutionally restricting the making, buying, or selling of AR-15s and many other semi-automatic firearms in common use.” She further noted that “The Second Amendment protects the rights of law-abiding citizens to own and use AR-15 style semiautomatic rifles for lawful purposes,” citing Supreme Court recognition that such rifles are both widely legal and purchased by millions of ordinary consumers. [3]
The Legal Battleground: Bruen and Common Use
The DOJ’s constitutional theory rests on the Supreme Court’s landmark 2022 ruling in New York State Rifle and Pistol Association v. Bruen, which replaced judicial balancing tests with a history-and-tradition framework. Under that standard, the government must show a new firearms restriction is consistent with the nation’s historical tradition of firearm regulation. The DOJ argues a categorical ban on semi-automatic rifles fails that test because such weapons are in common use for lawful purposes — a threshold the Supreme Court has repeatedly recognized as constitutionally protected. [2]
'See You in Court:' DOJ Sues Virginia Over Assault Weapons Banhttps://t.co/hvyjsxm8HV
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Virginia is not fighting alone in court. The National Rifle Association (NRA) announced the filing of a state lawsuit challenging Virginia’s assault firearm and magazine bans, and the Gun Owners of America, Virginia Citizens Defense League, and other organizations have signaled they are prepared to join the legal fight. [6] Opponents of the ban point to the fact that six federal appellate circuits have upheld similar bans since Bruen, meaning the legal outcome is far from certain. But with the Trump DOJ now actively litigating the issue — and having already filed suit against Washington, D.C.’s assault weapons ban as well — the constitutional pressure on states pushing these restrictions is mounting fast. [4] The message from Washington is clear: the era of unchallenged gun grabs by state governments is over.
Sources:
[2] Web – Virginia Bans AR-15s, DOJ Threatens Suit – Boise Gun Club
[3] Web – Spanberger signs gun bills, makes a proposed gun ban even harsher
[4] YouTube – DOJ Doubles Its Lawsuit Against D.C.
[6] Web – NRA Announces State Lawsuit Challenging Virginia’s “Assault …
