The Department of Justice filed two federal lawsuits on July 1, 2026, targeting newly enacted firearms restrictions in Virginia and California, seeking permanent injunctions in both cases [1][2]. The Virginia suit challenges Senate Bill 749, which bans the sale of assault weapons and high-capacity magazines [2][3]. The California suit challenges Assembly Bill 1127, which prohibits the sale of semiautomatic pistols readily convertible to machine guns, a provision critics have labeled the "Glock Ban" [1][2]. Both complaints allege the laws violate the Second Amendment to the U.S. Constitution.
The lawsuits were filed through the DOJ's newly created Second Amendment Section, housed within the Civil Rights Division and overseen by Assistant Attorney General Harmeet Dhillon [1][3]. Deputy Attorney General Todd Blanche has been identified as a principal actor in the administration's broader firearms enforcement posture [1]. The suits bring the total number of DOJ Second Amendment lawsuits against state governments to seven, marking a sustained campaign by the Trump administration to use federal litigation as a counterweight to state gun-control legislation [1][3]. Prior actions targeted laws in other jurisdictions, though the Virginia and California filings represent the first simultaneous dual-state action by the Section.
In Virginia, Governor Abigail Spanberger signed SB 749 into law earlier this year following the state legislature's passage of the measure [2]. In California, Governor Gavin Newsom and Attorney General Rob Bonta have publicly signaled their intention to defend AB 1127 in court [1][2]. Both states are expected to file responsive pleadings contesting the federal government's standing and the merits of the constitutional claims. California has long maintained that its firearms regulations survive Second Amendment scrutiny under the historical tradition analysis established by the Supreme Court in Bruen [3].
The legal battleground in both cases will center on the Supreme Court's 2022 decision in New York State Rifle and Pistol Association v. Bruen, which requires courts to assess firearms regulations against the historical tradition of gun regulation in the United States [3]. Lower courts have applied Bruen inconsistently across circuits, and both cases are likely to generate appellate rulings that could reach the Supreme Court. The outcomes could reshape the constitutional limits on state authority to restrict specific categories of firearms and accessories [1][3].