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DOJ sued Virginia and California seeking to overturn state assault-weapons and pistol restrictions

On July 1, 2026, the U.S. Department of Justice filed lawsuits against Virginia and California, alleging that firearm restrictions newly enacted in both states violate the Second Amendment. The Virginia suit challenges Senate Bill 749's ban on AR-15-style rifles and magazines over 15 rounds and asks the court to overturn contrary Fourth Circuit precedent, while the California suit targets Assembly Bill 1127's convertible-pistol ban and the state's handgun Roster.

Jurisdiction
Federal
Location
Washington, D.C.

Abuses documented

Actors

On July 1, 2026, the U.S. Department of Justice filed lawsuits against Virginia and California, alleging that firearm restrictions newly enacted in both states violate the Second Amendment. The complaint against Virginia, filed in the U.S. District Court for the Eastern District of Virginia, challenges Senate Bill 749 — signed by Governor Abigail Spanberger in May — which makes it a misdemeanor to sell, purchase, or transfer AR-15-style "assault firearms" and separately restricts magazines holding more than 15 rounds. The Department argues the ban fails the test set in New York State Rifle & Pistol Association v. Bruen and asks the court to overturn the Fourth Circuit's contrary decision in Bianchi v. Brown, which it contends was wrongly decided.

The California complaint, filed in the U.S. District Court for the Central District of California, targets Assembly Bill 1127 — signed by Governor Gavin Newsom in October — which bars licensed dealers from selling convertible pistols, and it seeks to halt enforcement of the state's handgun "Roster" of approved models. Acting Attorney General Todd Blanche said "the Second Amendment is not a second-class right" and called the California restrictions a "blatant trampling of our rights." Spokespeople for Virginia Attorney General Jay Jones and Governor Newsom said their states would defend the laws as commonsense measures to keep residents safe.

Why we recorded this

Federalism reserves to the states primary authority to regulate firearms within constitutional limits, and constitutional disputes are meant to be settled in court on their merits rather than used to pressure states over their policy choices. The Justice Department sued Virginia and California to overturn their democratically enacted gun-safety laws, asking a federal court to reverse settled appellate precedent that upheld a comparable ban. This archive records when the federal government's litigation power is directed at duly enacted state laws, consistent with a broader pattern of the Justice Department suing states over their policy choices.

Sources

  1. US Justice Department sues Virginia, California over firearm restrictions — JURIST primary accessed July 3, 2026
  2. Justice Department sues Virginia, California over gun laws — CBS News primary accessed July 3, 2026

See also