Quick overview
The Justice Department filed coordinated lawsuits against California and Virginia, challenging state firearm restrictions a week after the Supreme Court’s decision in Wolford v. Lopez. The DOJ lawsuits against California and Virginia gun laws ask federal courts to block a new California rule limiting sales of certain Glock-style semiautomatic pistols and Virginia’s recently passed ban on specified semiautomatic firearms.
What the DOJ alleges
The Department of Justice contends both state measures violate the Second Amendment and federal law. DOJ filings name Harmeet Dhillon and Jesús Osete as counsel representing the United States in the challenges, and the department frames the lawsuits as legal enforcement of constitutional protections identified in recent Supreme Court decisions.
California case: handgun rules and Glock-style pistols
In California the DOJ targets amendments tied to the Unsafe Handgun Act and Penal Code section 27595, arguing the state exceeded constitutional limits by restricting sales of new Glock-style semiautomatic pistols. The new rule took effect just hours before the federal complaint was filed, according to DOJ filings.
California officials have defended the changes as “commonsense handgun design safety laws” intended to reduce accidental discharges and discourage illegal modifications. That position came in a letter from the California attorney general rejecting DOJ requests to negotiate before litigation. DOJ responded publicly to the refusal with a brief statement indicating it would litigate the issue in federal court.
“See you in court,” the department said in response to California officials’ refusal to negotiate, according to DOJ messaging tied to the filings.
Virginia case: Senate Bill 749 and the assault weapons ban
The Virginia suit challenges Senate Bill 749, enacted in May, which prohibits the manufacture, sale, transfer, purchase or import of certain semiautomatic firearms defined by the statute as “assault weapons.” DOJ argues the ban goes beyond permissible regulation and infringes constitutional rights, as set out in the department’s complaint filed in federal court.
Supporters of SB 749, including Gov. Abigail Spanberger and the bill sponsors, have said the law removes particularly dangerous weapon designs from circulation to protect communities and law enforcement. A Spanberger spokesperson defended the law as intended to “save lives and protect law enforcement officers, kids, and families from gun violence.”
“The Governor signed this commonsense legislation to save lives and protect law enforcement officers, kids, and families from gun violence,” the governor’s office said.
Legal context and immediate reactions
The lawsuits arrived about a week after the Supreme Court’s ruling in Wolford v. Lopez and as the high court agreed to hear additional Second Amendment cases next term. DOJ officials cited that legal backdrop in framing their challenges, describing the filings as part of the department’s duty to vindicate federal constitutional standards.
State officials pushed back. California civil authorities described the handgun measures as safety-driven; Virginia Republicans and some other state lawmakers welcomed the DOJ challenge as confirmation of constitutional concerns. Advocacy groups and political leaders on both sides issued contrasting statements immediately after the suits were filed.
What comes next
These cases are expected to follow the standard federal-litigations path: complaints filed in U.S. district courts, possible motions for preliminary injunctions, and appeals to federal circuit courts and potentially the Supreme Court. Given the constitutional stakes and recent Supreme Court activity, litigants are likely to seek expedited relief, including temporary or preliminary injunctions to pause enforcement while the cases proceed.
Federal courts could block enforcement of all or parts of the contested laws, allow them to remain in force, or issue narrower remedies. Any district-court ruling is likely to be appealed, which could extend litigation for months or years and shape future lower-court treatment of state firearm regulations.
Source attribution
This report draws from Fox News reporting and the Department of Justice’s public filings and statements. For more details, see Fox News’ coverage and the DOJ press materials linked below.
Source: Fox News; DOJ filings and press statements: U.S. Department of Justice press releases.
