Justice Department files lawsuit against Virginia over new semi-automatic rifle ban
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VIRGINIA - The Justice Department filed a lawsuit Wednesday against Virginia and the Virginia State Police, arguing a newly enacted state gun law violates the Second Amendment.
What we know:
The lawsuit challenges a Virginia law restricting the commercial purchase and sale of certain semi-automatic firearms, including AR-15-style rifles.
The Justice Department claims the law unconstitutionally bans the purchase and sale of firearms that it says are commonly owned by Americans.
Virginia’s legislation, passed as HB217 and SB749, creates a Class 1 misdemeanor for importing, selling, manufacturing, purchasing or transferring covered "assault firearms" and certain ammunition feeding devices, with exceptions.
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The legal status of the law’s enforcement is already complicated. Separate state court litigation has raised questions about enforcement as challenges continue.
What the Justice Department said
The Justice Department said the lawsuit was filed against the Commonwealth of Virginia and the Virginia State Police.
"The Constitution is not a suggestion, and the Second Amendment is not a second-class right," Acting Attorney General Todd Blanche said in the release. "This Justice Department has done more to protect the Second Amendment than any administration in our nation’s history, and we will continue to do so whenever necessary."
Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division said she had warned Virginia officials that the department would sue if the law was signed.
"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," Dhillon said. "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."
What the lawsuit claims
According to the Justice Department, Virginia’s law makes the commercial purchase of AR-15-style rifles a crime.
The department argues Virginia’s enforcement of the ban amounts to a pattern or practice that deprives residents of the constitutional right to buy and sell arms protected by the Second Amendment.
The lawsuit is being handled by the Civil Rights Division’s Second Amendment Section.
What's next:
The lawsuit adds to the legal fight over Virginia’s new gun restrictions.
The Justice Department said people who believe their right to keep and bear arms is being infringed can file a complaint through the Civil Rights Division’s Second Amendment Section.
The Source: This article was written using information from the U.S. Department of Justice, Virginia LIS and Axios.