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The Justice Department escalated its push against state gun restrictions Wednesday, filing lawsuits against California and Virginia just a week after the Supreme Court reaffirmed that the Second Amendment is not a “second-class right” in its decision in Wolford v. Lopez.
The coordinated legal challenges target Democratic-backed firearm laws in both states, with the department seeking to block California’s restrictions on the sale of new Glock-style semiautomatic pistols and Virginia’s ban on the manufacture, sale, transfer and purchase of certain semiautomatic firearms classified as assault weapons.
The California lawsuit was filed hours after the state’s new handgun restrictions took effect, following Attorney General Rob Bonta’s refusal to negotiate with the Justice Department over what federal officials contend are unconstitutional limits on gun rights. Assistant Attorney General for Civil Rights Harmeet Dhillon said the administration is taking alleged infringements of the Second Amendment seriously.
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“This lawsuit is yet another example of this Justice Department enforcing the Second Amendment by protecting citizens against unconstitutional state regulation of firearms,” Dhillon said in a press release.
Bonta revealed Tuesday that the Justice Department had sent California a notice of intent to sue, arguing the law violates the Second Amendment. In a response letter, Bonta rejected the Department’s legal position and refused to negotiate.
“The Unsafe Handgun Act and Penal Code section 27595 are commonsense handgun design safety laws that help to prevent accidental discharges by experienced and non-experienced firearm users as well as the conversion of semiautomatic pistols into deadly automatic firing weapons,” Bonta wrote.
“If the U.S. Department of Justice decides to file the lawsuit described in your letter, it will not be breaking any new ground.”
Dhillon responded on X with a brief message: “See you in court.”
The Justice Department soon afterward announced its lawsuit against California, naming Dhillon and Deputy Assistant Attorney General Jesus Osete as counsel.
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Gov. Gavin Newsom’s office accused the Trump administration of attempting to dismantle California’s gun safety laws.
“Our response is simple — these laws save lives,” Newsom spokeswoman Diana Crofts-Pelayo said. “California has proven that strong, evidence-based gun safety measures can reduce gun violence while respecting the rights of responsible gun owners.”
Crofts-Pelayo said California would not be “intimidated” by what she called politically motivated litigation and would continue enforcing laws designed to keep dangerous weapons off the streets.
California has some of the nation’s strictest firearm regulations, which state officials credit with helping produce one of the country’s lowest gun death rates.
The Golden State’s top elected Republican, however, appeared to agree with the DOJ that the law erodes Californians’ rights.
“The Second Amendment applies to every American, even those living in California. Unfortunately, California Democrats find that fact inconvenient, so they ignore it in their efforts to erode and ultimately eliminate Californians’ lawful access to firearms,” said Senate Minority Leader Brian Jones, R-San Diego.
“For decades, the Democrats in California have trampled the constitution with complete disregard for the rights of everyday Californians and banning the most popular firearm on the market is just the latest example,” he told Fox News Digital.
“That’s why action like this is needed and I’m grateful that the DOJ has decided to join the fight and help preserve our constitutionally guaranteed freedoms in California.”
The California lawsuit came shortly after the Justice Department sued Virginia over a newly enacted ban on so-called assault firearms.
The lawsuit challenges Senate Bill 749, sponsored by state Sen. Saddam Salim, D-Dunn Loring, and signed by Gov. Abigail Spanberger in May. The ban took effect Wednesday, making it a misdemeanor to import, sell, manufacture, purchase or transfer certain semiautomatic firearms defined as assault weapons under state law.
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Acting Attorney General Todd Blanche said the Constitution “is not a suggestion” and that the Second Amendment is not a “second-class right.”
Dhillon said she warned Spanberger in April that the Justice Department would sue if she signed the legislation and said Wednesday the administration was following through on that pledge.
A spokesperson for Spanberger defended the law, saying the governor “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.”
“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,” the spokesperson said.
Virginia House Minority Leader Terry Kilgore, R-Gate City, welcomed the lawsuit, saying the state is now using taxpayer dollars to defend “an unconstitutional gun ban against the United States itself.”
“That is where the Richmond Democrats’ agenda has led — into court, on the wrong side of the Constitution,” Kilgore told Fox News Digital.
“House Republicans said this law could not stand. A Virginia court has already blocked it, and now the Justice Department agrees. It should be repealed.”
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The National Association for Gun Rights also praised the department’s actions.
“Thank God a small number of committed individuals in DC realize we only have a few years of opportunity to make moves like this, and they’re seizing it,” the group said.
Hannah Hill, executive director of the National Foundation for Gun Rights, said the Supreme Court’s ruling in Wolford v. Lopez, which she said strengthened Second Amendment protections, gave the Justice Department additional legal support for its latest lawsuits against California and Virginia.
“The timing is perfect for the Department of Justice to begin to be filing these lawsuits to strike out gun bans all across the country, it’s a really bad time to be a gun grabber,” Hill told Fox News Digital.
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The lawsuits came the same day the Supreme Court agreed to hear two Second Amendment cases next term challenging state and local bans on certain semiautomatic rifles.
Fox News Digital reached out to Virginia Attorney General Jay Jones for comment.
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