Virginia is facing another lawsuit over its newly adopted but not-yet-enacted ban on future sales and manufacturing of assault firearms.
The Trump administration sued the Commonwealth of Virginia and Virginia State Police in federal court today (Wednesday), arguing that its planned restrictions on gun sales violate the Second Amendment.
“The Constitution is not a suggestion, and the Second Amendment is not a second-class right,” Acting Attorney General Todd Blanche said in a news release announcing the lawsuit.
Harmeet Dhillon, the assistant attorney general for the Department of Justice’s Civil Rights Division, stated in the release that she had “promised” Virginia Gov. Abigail Spanberger on April 10 that the federal government would sue if she signed the assault weapons ban legislation.
“I keep my promises,” she said.
The Justice Department also filed a separate lawsuit against California, which enacted a new law prohibiting gun shops from selling certain handguns that can easily be made fully automatic. The lawsuit is also challenging additional restrictions on handguns sold in California.
Attorneys general in both states vowed to defend their gun laws.
In a statement, the office of Virginia Attorney General Jay Jones said the ban on selling certain semiautomatic firearms was a “commonsense” measure that “keeps Virginians safe, protects law enforcement, and safeguards communities across the Commonwealth.”
The California attorney general’s office said in a statement the state had “effective and constitutional gun safety laws” that “helped drive firearm death rates to record lows.”
Virginia Gov. Abigail Spanberger, a Democrat, signed legislation sponsored by Fairfax County state Sen. Saddam Azlan Salim (D-37) and Del. Dan Helmer (D-10) on May 14 that classifies the sale, manufacturing, purchase and transfer of assault guns as a Class 1 misdemeanor, which can be punished with up to a year in jail.
Virginia defines an “assault firearm” as a semiautomatic rifle, pistol or shotgun with certain characteristics, such as “a fixed magazine capacity in excess of 15 rounds,” a folding or collapsible stock, and the ability to be outfitted with a detachable magazine or silencer.
The bill included exemptions for inoperable, manually-operated or antique guns, as well as for firearms used in law enforcement and government duty. The ban also wouldn’t apply to guns obtained before the legislation takes effect.
The law was scheduled to take effect today, but a judge in Lancaster County issued an injunction on June 25 that put it on hold amid a pending lawsuit from gun advocacy groups, including Gun Owners of America, Gun Owners Foundation, Virginia Citizens Defense League and Virginia Citizens Defense Foundation, and directed the state police to not enforce the ban.
In response to the injunction, Jones indicated that his office would file an appeal, while Salim and Helmer both expressed confidence that the assault weapons ban will be upheld, though the legislation is now facing at least five lawsuits challenging its constitutionality.
In light of the Trump administration’s lawsuit, Helmer pointed to the 2025 elections, which saw Democrats sweep Virginia’s three statewide offices and expand its majority in the House of Delegates, as a voter “mandate to take action against gun violence.”
“We are going to fight this tooth and nail,” Helmer said in a statement. “We are going to continue to work every single day to deliver a future for Virginia’s children that is free from the specter of gun violence. And we are not going to cave to an authoritarian regime that chooses profits over innocent lives.”
Salim similarly defended the legislation, calling the Justice Department’s lawsuit a “predictable attempt by the national gun industry to freeze progress.” He noted that an appeals court determined in 2024 that a Maryland law regulating “military-style” weapons didn’t violate the Second Amendment because it dealt with guns designed for combat, not self-defense.
“I respect the legal process and welcome judicial review, but the people of Virginia will not accept excuses while families keep paying the price,” the state senator said in a statement. “I thank Attorney General Jones for vigorously defending SB749 because Virginians deserve to live, learn, and worship without the threat of mass violence.”
States controlled by Democrats and those led by Republicans have diverged in recent years over gun legislation, with some Republican states passing laws to relax firearm restrictions.
The U.S. Supreme Court said Tuesday it will take up another major Second Amendment case. The justices will consider whether bans on semiautomatic rifles violate the Constitution. Arguments are expected in the fall.
The court, which has a conservative majority, has expanded gun rights, including in two cases this term. In one of the cases, the court struck down a law in Hawaii that required people to get permission to bring firearms onto privately owned property, while the other related to gun ownership for people who regularly partake in marijuana.
The Virginia General Assembly did pass other gun-related legislation this year that took effect today, including new laws involving gun transfers by people facing protective orders or assault convictions, secure gun storage in unattended vehicles, and universal background checks.
Spanberger also signed Del. Garrett McGuire’s HB 1524, which prohibits the open carry of assault-style weapons in public areas, but a budget amendment accepted by the General Assembly on Monday (June 29) delayed its effective date to July 1, 2027.
