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.
As previously reported by Political Bytes on June 25, the DOJ had threatened legal action over California's pending handgun restrictions. Those threats have now become formal litigation targeting Democratic-backed firearm laws in both states.
What the Right Is Saying
Assistant Attorney General for Civil Rights Harmeet Dhillon said the administration is taking alleged infringements of the Second Amendment seriously.
"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.
Virginia House Minority Leader Terry Kilgore, R-Gate City, welcomed the lawsuits, saying Virginia 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 It should be repealed."
The National Association for Gun Rights also praised the department's actions.
What the Left Is Saying
California Gov. Gavin Newsom's office accused the Trump administration of attempting to dismantle the state's gun safety laws.
"Our response is simple — these laws save lives," said Diana Crofts-Pelayo, a spokesperson for Newsom. "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.
A spokesperson for Virginia Gov. Abigail Spanberger defended that state's 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.
What the Numbers Show
California's Assembly Bill 1127 prohibits licensed firearms dealers from selling or transferring any "machinegun-convertible pistol," which state officials argue includes Glocks because their trigger mechanisms can be modified with illegal aftermarket conversion devices. Existing owners may keep their firearms, and sales to law enforcement agencies and the military are exempt.
Virginia's Senate Bill 749 defines certain semiautomatic firearms as assault weapons under state law, making it a misdemeanor to import, sell, manufacture, purchase or transfer those firearms. The ban took effect Wednesday.
The DOJ's lawsuits cite Wolford v. Lopez, in which the Supreme Court ruled on June 24 that the Second Amendment is not a "second-class right."
The Bottom Line
Both lawsuits are expected to proceed through federal courts, where judges will need to determine whether these state restrictions comply with recent Supreme Court precedent on Second Amendment protections.
California Attorney General Rob Bonta rejected the DOJ's legal position in a letter, writing that the state's handgun design safety laws "help to prevent accidental discharges" and conversion into automatic weapons. He added: "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 single message: "See you in court." The DOJ subsequently filed both lawsuits as promised.