DOJ Takes Aim at “Assault Weapon” Bans — Supreme Court Showdown May Be Coming

President Donald Trump (R, Left), appointed Assistant Attorney General Harmeet Dhillon (Right) to the Department of Justice's Civil Rights Division last fall.

If there is one thing gun owners and gun rights organizations have been begging for is Supreme Court rulings against gun bans. This is the fight everyone has been waiting for. It may finally force the question are AR-15s protected under the Second Amendment?

The Department of Justice just stepped in. Assistant Attorney General Harmeet Dhillon been waging a crusade on behalf of gun owners since being appointed by President Trump (R) to the Civil Rights division of DOJ.

The DOJ has filed a lawsuit against the city of Denver over its long-standing “assault weapons” ban. This is a massive reversal of longstanding Federal Policy to either back these bans or stand by and let them take effect. Not only are they suing on our behalf, they are not being subtle about it.

Finally, they are calling these bans what they are, unconstitutional. The lawsuit argues that Denver’s restrictions on commonly owned semi-automatic rifles, like the AR-15, violate the rights of law-abiding Americans.

Assistant Attorney General Harmeet Dhillon didn’t hold back on this issue either. She made a bold prediction, that the Supreme Court is going to legalize AR-15 ownership across the country. This is what us gun owners especially in states like Minnesota have been begging for.

This case matters to almost half of the country. We here at 2 If By Sea Tactical find ourselves, like many of you, in danger of losing our rights because of anti-gun politicians in our state. Nearly half the country finds themselves under magazine and semi-auto rifle bans or restrictions. The truth about these bans is that they are not just a small matter.

This particular case has implications far beyond Denver. It is a massive shift in DOJ policy. We do need to put pressure on the courts to fast tract this because this could change with a different administration. The hope here is if this case moves through the courts the way many expect.

It would finally create the federal circuit split we need to force the Supreme Court to do its job and review. If they will do that, it will settle the “assault weapon” debate once and for all and allow over 100 million Americans the ability to freely exercise their rights. Many of these Americans will be able to exercise them fir the first time in nearly two generations.

The Legal Argument

The DOJ’s position is rooted in two major Supreme Court cases, District of Columbia v. Heller and New York State Rifle & Pistol Association v. Bruen. Both of these cases reinforce a key principle of firearms “in common use” are protected by the Second Amendment. It is indisputable that the AR-15 is America’s rifle and is in “common use” with millions in circulation.

The Reality of “Common Use”

The AR-15 is one of the most popular rifles in America where tens of millions are owned by civilians. The vast majority of these are used for lawful purposes and for self defense by millions of Americans. In fact, we see the AR-15 rifle used for a variety of purposes like self-defense, hunting, training, and competition shooting. Since that is the case, the DOJ is finally arguing that it is commonly owned, which means they are protected.

The “Assault Weapon” Label

One of the best pieces of this lawsuit is that it also takes aim at the term ”assault weapon” itself. This term is not a technical classification. It is a political one that was created in an attempt to paint certain types of firearms in a bad light based on cosmetics.

It has been used to describe a broad category of firearms based on features, not function. This has been a major issue in court challenges where this political term has crept into arguments.

Denver’s Response

Denever Mayor Mike Johnston (D) has been anti-gun for hsi entire career.

Unsurprisingly, Denver officials aren’t backing down. Mayor Mike Johnston (D) has made it clear that they plan to fight the DOJ on this issue. Their argument is laughably that the ban is necessary for public safety. This is despite it having next to no impact on crime.

This is an exciting case to fight the trend we see where states and cities pass bans and the courts issue conflicting rulings. We have seen a list of legal challenges stack up on this issue but we have never had the power of the Federal Government on our side.  

This is an issue that even the court itself has acknowledged that it has to resolve at some point. Justice Kavanaugh wrote just last turn in a denial on a case to address this issue that the court has to take this up in the “the next term or two”. That time is now.

What Happens Next

For now, this case progresses through the lower courts. Once they rule expect appeals to follow until it reaches the Supreme Court. The hope here is that the DOJ will also solicite the Supreme Court to take up one of the cases already before them on this issue and help press this through. For now, we are stuck waiting.

For once, this isn’t just another lawsuit. It is our own Federal Government doing something that constitutionally they are required to do but in fact rarely follow through on. That is  protecting the rights of it’s citizens. This could finally be the case that removes these unconstitutional bans once and for all.

It would come just in time for those of us in states like Minnesota where our government is trying to ban these weapons as we speak. While the fight for the Second Amendment will never end, this would land a decisive blow in our favor for the first time in a generation.

We need to make sure we keep the pressure on the DOJ to follow through on this. They just put a spotlight on one of the biggest constitutional questions in the country. We may finally have this heading toward a showdown. Lets keep fighting for our birthright.

Here at 2 If By Sea Tactical we strive to bring you the best experience in the firearms world.  As we continue to grow the media arm of 2 If By Sea, make sure you keep tuning in to our Youtube and Rumble channels and right here at “The Patriot’s Almanac” to stay informed on the latest happenings in the firearm world! But we are not lawyers, so this isn't legal guidance. We are proud to be Southern Minnesota source for all things 2A.

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