Justice Department sues Virginia over its assault weapons ban

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What we know

The Justice Department has filed a lawsuit against Virginia over the state's assault weapons ban. The challenge targets the legality of the state-level prohibition on certain firearms.

Patriot Watch first flagged this story 1 d ago, when The Truth About Guns reported it. So far this remains a single-source report. The most recent report came 1 d ago from The Truth About Guns. Verification tier: Watching — single-source — not yet independently corroborated.

⚖ The Constitutional Angle

Heller recognized an individual right to keep firearms commonly used for lawful purposes like home self defense, and Caetano held the Second Amendment reaches all bearable arms including modern ones, with unusualness judged by common use rather than founding era vintage. Under Bruen Virginia must defend its ban by pointing to historical tradition. The slices do not settle whether these particular arms fall on the protected side of that line.

District of Columbia v. Heller 554 U.S. 570 (2008)

Vote: 5-4 · Opinion: Scalia

The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia and to use it for traditionally lawful purposes such as self-defense within the home.

Jaime Caetano v. Massachusetts 577 U.S. 411 (2016)

Vote: Unanimous per curiam (8-member Court, post-Scalia); no recorded vote split · Opinion: Per curiam (unsigned)

Summarily vacating the SJC's judgment without briefing on the merits or oral argument, the Court held that each of the SJC's three rationales contradicted Heller: the Second Amendment extends prima facie to all bearable arms, including those not in existence at the founding; 'unusual' cannot be equated with 'not in common use in 1789';…

Precedent facts from the PW Law Library — primary-source verified & independently audited