The Justice Department sued Washington, D.C., in federal court, challenging the city’s bans on many semiautomatic firearms as unconstitutional under the Supreme Court’s 2008 Heller decision. The complaint names the Metropolitan Police Department and outgoing Chief Pamela Smith and argues D.C. prevents residents from registering commonly used guns such as AR-15s, creating criminal exposure for lawful owners. The DOJ also says it has authority to bring the challenge under a broad 1994 federal statute. The case follows a separate recent DOJ suit against the U.S. Virgin Islands.
DOJ Sues Washington, D.C., Over AR-15 and Semiautomatic Ban, Setting Up High-Stakes Second Amendment Clash
FILE - The U.S. Department of Justice building in Washington, Dec. 7, 2024. (AP Photo/Jose Luis Magana, File)
The U.S. Department of Justice filed a federal lawsuit Monday challenging Washington, D.C.'s restrictions on many semiautomatic firearms, arguing the city's rules violate the Second Amendment and the Supreme Court's 2008 Heller decision.
What the Lawsuit Says
The complaint, filed in U.S. District Court for the District of Columbia, names the Metropolitan Police Department and outgoing Chief Pamela Smith as defendants. The Justice Department contends the District imposes unconstitutional prohibitions on a wide range of semiautomatic rifles and pistols — including the Colt AR-15 series — that are "in common use today" and therefore protected under the Heller precedent.
“The United States of America brings this lawsuit to protect the rights that have been guaranteed for 234 years and which the Supreme Court has explicitly reaffirmed several times over the last two decades,” the complaint states.
Key Arguments
DOJ attorneys argue that Washington prevents residents from registering many commonly used semiautomatic firearms, which in turn exposes law-abiding citizens to criminal penalties for possessing unregistered weapons. The suit says D.C.'s ban focuses on cosmetic features or accessory attachments rather than whether a firearm is commonly used for lawful purposes.
The complaint invokes the Heller ruling, which recognized an individual right to keep and bear arms for weapons that are "in common use today," while acknowledging that the Second Amendment is not unlimited. The administration says the District has exceeded those permissible limits.
Context And Related Actions
This is the second recent firearms-related lawsuit the administration has filed; earlier this month the Justice Department sued the U.S. Virgin Islands over alleged obstruction of citizens' rights to possess and carry firearms. The new suit also comes amid broader federal engagement with public safety in the capital, including a recent federal law-enforcement intervention that Washington officials have disputed in court.
The Metropolitan Police Department did not immediately respond to requests for comment from news outlets. Unlike the original Heller case, the Justice Department's complaint does not include individual D.C. residents as plaintiffs; instead, it brings the challenge on the federal government's behalf and says it has authority to act under a broad federal statute enacted in 1994.
What Happens Next
The case will proceed in federal court, and a judge will decide whether the District's semiautomatic firearms restrictions are consistent with the Constitution as interpreted in Heller and subsequent decisions. A ruling could have wide implications for local gun laws and how courts treat claims about commonly used firearms.
