The Trump Administration’s Department of Justice (DOJ) is threatening to sue the state of Virginia if anti-gun Gov. Abigail Spanberger signs the measure recently passed by the state legislature that would ban common semi-automatic firearms owned for a number of lawful purposes.
In an April 10 letter sent to Gov. Spanberger, Assistant Attorney General Harmeet Dhillon, head of the DOJ’s Civil Rights Division, said SB 749, the measure banning manufacturing, selling or purchasing many common models of semi-auto rifles, is unconstitutional.
“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,” Dhillon wrote. “Specifically, SB 749, as written, 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.”
As Dhillon explained, the Civil Rights Division’s Second Amendment Section was created as part of President Donald Trump’s Executive Order 14206, which made it clear that the administration would take affirmative steps to ensure that Second Amendment rights are not infringed.
“Our Second Amendment Section will take necessary action within our legal authority to protect law-abiding citizens’ Second Amendment rights,” Dhillon warned.
Dhillon continued by explaining some recent court cases in which similar semi-auto bans have been ruled unconstitutional.
“The Second Amendment protects the rights of law-abiding citizens to own and use AR-15-style semi-automatic rifles for lawful purposes,” she explained. “Just last year, the Supreme Court made clear in a unanimous opinion that the AR-15 is ‘both widely legal and bought by many ordinary consumers.’ Unfortunately, Virginia seems poised to infringe on the Second Amendment rights of law-abiding citizens to enjoy and use AR-15 rifles for lawful purposes by making it a crime to purchase and sell them. This Civil Rights Division will seek to enjoin any attempt to infringe on the right of law-abiding Virginians to acquire constitutionally protected arms that are possessed by literally tens of millions of Americans.”
Dhillon also wrote that the so-called “assault weapons” ban isn’t the only measure sent to Gov. Spanberger for consideration that the DOJ is likely to challenge if the governor chooses to sign the measures into law.
“In all, the General Assembly has forwarded to you over 20 bills that restrict Second Amendment rights,” she concluded. “I urge you to reconsider allowing any bill that would infringe on the lawful use of protected firearms by law-abiding citizens to become law In an effort to avoid unnecessary litigation, the Second Amendment Section stands ready to meet and confer with attorneys in the Virginia Attorney General Office. … The Second Amendment rights of law-abiding citizens shall not be infringed.”
