Virginia Governor Abigail Spanberger and a gun shop. Fox News/Getty.
The Department of Justice has launched two lawsuits against California and Virginia for unconstitutional gun laws. Fox News. California passed the Unsafe Handgun Act to ban Glock pistols, an extremely popular brand of firearms. Virginia passed Senate Bill 749 that made it a misdemeanor to possess, manufacture or sell a so-called "assault weapon". Both laws came into effect recently and could be overturned by the Supreme Court, which granted certiorari to two other similar cases from Chicago and Connecticut
My Comment:
More good news for the gun rights community. Both of these laws are plainly unconstitutional and do not reach the standards set by NYSRPA v Bruen and DC vs Heller. These are firearms in common use, AR-15's are the most popular rifles in the country while Glocks are among the most popular handguns and there isn't a historical precedence for banning these weapons under the Bruen test.
The Glock law in California is probably the more impactful and dangerous one. The ban isn't because the Glocks are dangerous due to malfunctions or because they are a threat, it's because they can be modified to fire in full auto. Glock "switches" are commonly used to do so by criminals, but almost all semi-auto firearms can be modified this way. Indeed, all you need to do so with a lot of AR-15's is a small piece of metal, called a full auto sear.
The same argument could be used to ban most firearms. Short barrel shotguns and rifles are illegal federally but the argument for the California law would apply here too. Because you can easily use a hacksaw to saw off a barrel on a shotgun or rifle, they could be banned as well. It doesn't matter in either case that would be committing a serious felony by modifying your weapon this way. Simply being modifiable can't be the standard because almost all firearms can be modified in some way. Of course, I don't think full auto or short barreled weapons should be illegal in the first place, but that's neither here nor there.
I'd also argue that a modified Glock with a Glock switch is actually dramatically less dangerous than a normal Glock. Full auto is for suppression and isn't useful for much else. A full auto pistol, especially one that isn't designed to be one, is hard to control and the vast majority of bullets will not hit there targets. A semi skilled shooter with a semi-auto handgun will always beat out a guy spraying and praying with a Glock switch.
Regardless, it's clear what the play is here by the DOJ. The general prediction is that SCOTUS will rule in favor or removing these bans and once that happens next year it will be useful to have these cases spun up already. The laws will be overturned a lot quicker that way and I am guessing that is the whole point of these lawsuits. It's even possible that the DOJ will be able to get an injunction to prevent these laws from being enforced.
It's a pretty good time to be a gun rights supporter. It seems like we are absolutely heading towards a world where gun rights is a settled questions and things like assault weapon bans will be nothing but a memory. A lot can happen, of course, but it really does seem like victory is at hand. For gun control advocates, I would say they are quickly approaching irrelevance.



