All eyes are on the Commonwealth as the Department of Justice challenges the assault weapons ban.
At the heart of their lawsuit is one question: Is Virginia’s assault weapons ban constitutional?
The Justice Department says no. The Commonwealth says yes. Now, a federal judge will decide.
Former U.S. Attorney John Fishwick says this case isn’t about politics but about what the Constitution says.
“Does it violate the Second Amendment or not?” Fishwick said.
The Justice Department argues the law crosses that line, saying states cannot ban entire categories of firearms that are commonly owned for self-defense.
“‘This is a firearm, the AR-15, that’s widely used, very popular, and that, under a historical analysis, you’re interfering with Second Amendment rights.’” Fishwick said.
Fishwick says this is also part of a broader pattern we’re seeing - a clash between state authority and federal power.
“In the Trump administration, we’ve been seeing a lot of these sorts of lawsuits. They’ve been very aggressive in enforcing what they think are constitutional rights against states and against cities,” he said.
Acting Attorney General Todd Blanche echoed that in a statement released with the lawsuit.
“The Constitution is not a suggestion, and the Second Amendment is not a second-class right. 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,” Blanche said.
Fishwick tells 10 News he expects this to go to the nation’s highest court, as they gear up to hear similar cases from other states.
“The Supreme Court is interested in this type of case. They have just this week, they’ve agreed to decide if the possession of an AR-15, whether the prohibition of that is constitutional,” he said.
Jay Jones’ office is responding to the lawsuit, saying, “The OAG will review the complaint and defend Virginia’s assault weapons ban against the Trump DOJ’s misuse of the Civil Rights Division. This commonsense law keeps Virginians safe, protects law enforcement, and safeguards communities across the commonwealth.”
You can view the lawsuit here.