The Justice Department's civil rights chief warned Virginia this week that the federal government would sue the state if it enacts legislation banning the sale and manufacture of AR-15-style rifles, setting up a direct confrontation with Gov. Abigail Spanberger, as she signed a package of gun control measures and sent the centerpiece assault weapons bill back to the legislature with amendments.
Assistant Attorney General Harmeet Dhillon, head of the DOJ Civil Rights Division, said in an April 10 letter to Virginia officials that semiautomatic rifles such as the AR-15 are constitutionally protected and that her division would seek an injunction if the state enacted certain firearms restrictions.
"This letter provides formal notice that the Civil Rights Division will commence litigation in the event the Commonwealth of Virginia enacts certain bills that unconstitutionally limit law-abiding Americans' individual right to bear arms," Dhillon wrote.
In a video posted to X on Tuesday, Dhillon elaborated on the constitutional basis for that position. Citing the Supreme Court's 2022 decision in New York State Rifle and Pistol Association v. Bruen, she said that Justice Clarence Thomas' historical analysis makes clear that semiautomatic rifles of the AR-15 type are protected under the Second Amendment.
The immediate trigger was SB749, legislation passed by Virginia's Democrat-controlled General Assembly that would ban the future sale, transfer, manufacture, and importation of certain assault-style firearms. The bill would also restrict magazines holding more than 15 rounds and create a Class 1 misdemeanor for violations, while exempting firearms legally owned before July 1, 2026.
Spanberger did not sign or veto the bill outright.
She submitted a substitute for the legislation ahead of the state's amendment deadline, preserving the bill's core prohibition on the sale, manufacture, purchase, and transfer of certain assault-style firearms while making several targeted changes, including removing pistol grips and thumbhole stocks from the list of features that would classify certain semiautomatic shotguns as assault firearms and adjusting some magazine-capacity language.
The legislation now returns to the General Assembly, which must decide whether to accept her amendments.
Spanberger, a former federal agent, framed her actions as an effort to balance Second Amendment rights with public safety, saying she grew up in a family where responsible gun ownership was expected.
The governor did sign other gun-related measures without amendment.
Dhillon said in her video remarks that a bill removing civil immunity from gun manufacturers is "very concerning," arguing it is "designed to put gun manufacturing out of business" and is "inconsistent with federal law."
That measure, House Bill 21, requires firearm manufacturers, dealers, and distributors to adopt reasonable controls aimed at preventing illegal sales and misuse and opens the door for civil action by the attorney general, local governments, and private individuals if a firearm industry member's conduct is alleged to have contributed to public harm.
Dhillon also indicated in her video that a ghost gun ban signed by Spanberger would be analyzed under ATF regulations.
The DOJ's intervention is the first of its kind in the 68-year history of the Civil Rights Division, which established a Second Amendment Section in 2025 following President Donald Trump's February executive order directing the administration to take affirmative steps to protect gun rights.
Jim Thomas ✉
Jim Thomas is a writer based in Indiana. He holds a bachelor's degree in Political Science, a law degree from U.I.C. Law School, and has practiced law for more than 20 years.
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