RICHMOND, Va. — Today the Department of Justice’s Civil Rights Division filed suit against the state of Virginia over its “assault weapons” ban (AWB), with a complaint that serves as both a history lesson for the nation and, in some ways, a rally cry to Americans to take back rights their governments have stripped them of.
Assistant Attorney General Harmeet Dhillon is the chief signatory in the complaint United States v. Virginia, filed in the United States District Court for the Eastern District of Virginia (Richmond Division). In a case of impeccable timing, the complaint was filed just one day after the Supreme Court agreed to hear the first-ever “assault weapons” ban case, which we covered here.
“The Constitution is not a suggestion, and the Second Amendment is not a second-class right,” said Acting Attorney General Todd Blanche. “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.”
AAG Dhillon put the Virginia governor on notice in April as the AWB was being drafted and considered, warning the state that the Civil Rights Division would commence litigation if the state “…attempt[s] to infringe the right of law-abiding Virginians to acquire constitutionally protected arms…” The measure was signed by Spanberger just weeks later on May 15.
The DOJ complaint opens with a reminder of the unique history of the state, which sits in stark opposition to the governing body that resides in Richmond today:
From before the beginning of this nation’s existence, Virginians have provided indispensable leadership in the cause of constitutional liberty. Indeed, Virginian James Madison is, for good reason, known as the Father of the Constitution. Madison also drafted and proposed the Bill of Rights, which became effective on December 15, 1791, when Virginia became the eleventh state to ratify it.
Further setting the stage for the court, the complaint notes that the Supreme Court has foreseen the need to adjudicate a case addressing the AR-15, observing “Justice Thomas agreed because the right to keep and bear ‘the most popular rifle in America’ is of ‘critical importance to tens of millions of law-abiding’ citizens.”
Another reading of this is that it is of critical importance to check a tyrannical government, such as that in Virginia, which is attempting to disarm law-abiding citizens.
The 15-page complaint is concise and direct in its purpose, stating, “In summary, SB749 infringes the right of law-abiding Virginians to purchase and sell AR-15 style rifles and therefore violates the Second Amendment,” adding, “…there cannot be the slightest question that millions of Americans have chosen to equip themselves with AR-15 style rifles, and they use those ordinary semiautomatic rifles for a variety of lawful purposes, including but not limited to self-defense.”
Applying the Supreme Court’s test in Bruen, the complaint notes “…the Second Amendment’s plain text covers the conduct of those law-abiding Virginians who desire to buy and sell AR-15s. Therefore, the Constitution presumptively protects that conduct.”
The complaint also affirms some interesting statistics that will be useful not only in the trial, but for readers in general:
- There are 28 million AR-style rifles in circulation as of 2021
- Approximately 2.8 million AR-style rifles entered the market in 2020
- Studies show between 16 million to as many as 24.6 million Americans own AR-style rifles
- Approximately 20-30% of gun owners own or have owned an AR-style rifle
- 20 million Americans have performed target shooting with AR-style rifles
For new readers not familiar with the matter, the Department of Justice’s Civil Rights Division established the Second Amendment Section in December of 2025 as a means to deliver on President Trump’s February 2025 executive order to protect the Second Amendment. To date, the Second Amendment Section has a perfect track record of 100% pro-Second Amendment legal actions (affirmative suits, oral arguments, amicus briefs, etc.), all of which we have tracked extensively in our easy-to-navigate timeline.
