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By Dan Gooding
Associate News Editor
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The Department of Justice (DOJ) on Wednesday accused Virginia of turning against its long tradition as an upholder of liberty under the U.S. Constitution, as it sued the state over new gun control measures.
In a filing in the U.S. District Court for the Eastern District of Virginia, the Trump administration criticized the state's new assault weapons ban, set to go into effect Wednesday after local legal challenges. The lawsuit came a day after the U.S. Supreme Court agreed to take up cases from Illinois and Connecticut over similar restrictions.
The 15-page complaint focused, in part, on Virginia's historic role in the country's founding, including the Constitution.
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"Virginians can be justly proud of their centuries-long tradition of leadership in the cause of liberty," the complaint read. "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."
A spokesperson for state Attorney General Jay Jones told Newsweek that the office would review the complaint and "defend Virginia’s assault weapons ban against the Trump DOJ’s misuse of the Civil Rights Division."
"This commonsense law keeps Virginians safe, protects law enforcement and safeguards communities across the Commonwealth," the spokesperson said.
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What Is SB749?
SB749 is Virginia's newly enacted assault weapons law. The measure generally makes it illegal to import, manufacture, sell, purchase or transfer what the state defines as an "assault firearm." The DOJ filing specifically notes that the statutory definition includes AR-15-style rifles. Violations can be prosecuted as Class 1 misdemeanors.
The DOJ argues that the practical effect of the law is to ban the commercial sale and purchase of AR-15 rifles in Virginia and that the complaint repeatedly emphasizes that AR-15s are among the most commonly owned rifles in the United States and are used for lawful purposes including home defense, recreation, hunting and competitive shooting. The government cites estimates that tens of millions of such rifles are in circulation nationwide.
As of now, the law remains in effect, although local challenges have made its enforcement unclear as of Wednesday. The federal government has asked the court for preliminary and permanent injunctions barring enforcement, but no such order has yet been issued.
“Governor Spanberger firmly believes that firearms designed to inflict maximum casualties do not belong in our communities, near our kids and schools, or on Virginia’s streets," a spokesperson for Governor Abigail Spanberger told Newsweek. "The governor signed this commonsense legislation to save lives and protect law enforcement officers, kids and families from gun violence—and the governor remains committed to making the commonwealth a safer home for every family.”
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Why Is DOJ Suing Virginia Over Assault Weapons Ban?
The DOJ argues that SB749 violates the constitutional framework established by the U.S. Supreme Court's decisions in District of Columbia v. Heller and New York State Rifle & Pistol Association v. Bruen. According to the complaint, the Second Amendment protects not only the possession of firearms but also the ability to acquire them through lawful purchase and sale.
The filing contends that because AR-15-style rifles are "in common use" by law-abiding Americans, Virginia cannot prohibit their sale and purchase unless it can point to a comparable historical tradition of firearm regulation dating to the nation's founding. The DOJ argues that no such tradition exists.
“On April 10, I promised Governor Spanberger that we would sue Virginia if she signed this unconstitutional weapons ban into law. I keep my promises,” Assistant Attorney General Harmeet K. Dhillon, of the Justice Department’s Civil Rights Division, said in a press release. “Law-abiding Americans should not have to live under threat of criminal sanction for simply exercising their Second Amendment right to possess arms owned by millions of their fellow citizens.”
Notably, the lawsuit acknowledges that current Fourth Circuit precedent cuts against the government's position. The complaint specifically attacks the Fourth Circuit's decision in Bianchi v. Brown, which upheld Maryland's assault weapons ban, arguing that the ruling was wrongly decided and should ultimately be overturned.
The filing points to statements from U.S. Supreme Court Justices Clarence Thomas and Brett Kavanaugh suggesting that the Court will eventually need to resolve whether AR-15 bans are constitutional.
The administration is also using an unusual legal vehicle. Rather than bringing a straightforward constitutional challenge, the DOJ invokes a federal civil-rights statute typically associated with police misconduct investigations, arguing that enforcement of an unconstitutional law by Virginia State Police constitutes a "pattern or practice" of conduct that deprives people of constitutional rights.
"Time and time again, the Trump administration has stood strong and delivered on its promise: the Second Amendment will never again be treated as a second-class right," John Commerford, NRA-ILA Executive Director, told Newsweek in a statement. "The NRA and our members are deeply grateful that the Department of Justice is working hand-in-hand with us to protect the fundamental, God-given rights of law-abiding citizens in the Commonwealth and across America."
Supreme Court to Weigh AR-15 Rifle Bans
The Virginia lawsuit arrives at a pivotal moment for Second Amendment litigation.
The U.S. Supreme Court recently agreed to hear Viramontes v. Cook County and Grant v. Higgins, two closely watched cases involving assault weapons restrictions in Illinoi and Connecticut. The cases are expected to provide the justices with their first direct opportunity since Bruen to address whether governments may ban AR-15-style rifles and similar semiautomatic firearms.
At the heart of those cases—and now the Virginia lawsuit—is a fundamental constitutional question: Can states prohibit firearms that are owned by millions of Americans for lawful purposes?
Supporters of assault weapons bans argue that such firearms are especially dangerous and can be regulated consistent with historical firearms restrictions. Gun-rights advocates counter that the decisions in Heller and Bruen protect firearms that are commonly possessed by law-abiding citizens, making bans on AR-15s unconstitutional.
The DOJ's complaint directly aligns with the latter position. The government cites extensive statistics intended to show that AR-15 rifles are among the most popular firearms in America and argues that "there cannot be the slightest question" that millions of Americans possess them for lawful uses.
The filing also references Kavanaugh's statement in Snope v. Brown last year, when he wrote that the Court "should and presumably will address the AR-15 issue soon." The Virginia case therefore lands as the justices prepare to consider the same core constitutional question in the next term.
Should the Court ultimately strike down assault weapons bans in Viramontes or Grant, the ruling could have implications not only for Virginia's newly enacted law but for similar restrictions in states including Maryland, Illinois, California, New York, New Jersey and others. Conversely, if the Court upholds such bans, it would significantly strengthen the legal position of states defending assault weapons restrictions across the country.
For now, however, Virginia's law remains on the books and the DOJ lawsuit opens a new front in what is shaping up to be one of the most consequential Second Amendment battles in years.
Update 7/1/26, 4:10 p.m. ET: This article was updated with comments from Assistant Attorney General Harmeet K. Dhillon and John Commerford.
Contact Newsweek editors on this story: Gabe Whisnant and Dave Siminoff.
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