DOJ Steps In To Stop Assault Weapon Bans

The fight over so-called “assault weapon” bans just took a major turn. The U.S. Department of Justice (DOJ) has filed amicus briefs in federal cases challenging the constitutionality of gun bans in both Illinois and New Jersey. For gun owners across the country, this signals that the DOJ is finally weighing in against sweeping restrictions that strip Americans of their Second Amendment rights.

What’s Happening in New Jersey

New Jersey law bans possession of many semi-automatic rifles, including AR-15 style firearms, as well as standard-capacity magazines that hold more than 10 rounds. The NRA and other pro-gun groups have been fighting the law in court for years.

Now, the DOJ has stepped in with an amicus brief supporting the challenge in New Jersey State Rifle & PIstol Club v Platkin, arguing that the bans run afoul of the Supreme Court’s Bruen decision and the clear text of the Second Amendment.

What’s Happening in Illinois

Illinois passed its so-called “Protect Illinois Communities Act” in 2023, banning common firearms and magazines in a similar fashion. Several lawsuits are pending, and now the DOJ is also lending its voice to the challenge brought by Barnett v. Raoul in that state. The DOJ’s filings note that these laws outlaw arms in common use for lawful purposes, a direct violation of the precedent set in Heller and reaffirmed in Bruen.

Why This Matters

For years, anti-gun states have tried to frame bans on semi-automatic rifles and standard-capacity magazines as “reasonable” regulations. But these firearms and magazines are among the most popular in the country for self-defense, hunting, competition, and everyday ownership. The DOJ stepping in reinforces what gun owners have been saying all along: these bans are unconstitutional attempts to disarm law-abiding Americans.

Of course there is no guarantee that the DOJ's briefs will drive the correct decisions from these courts but it is a good sign by my account.

Looking Ahead

Both cases are still moving through the courts, but the DOJ’s involvement could prove pivotal. If the courts side with the plaintiffs — and the DOJ’s arguments carry weight — it could spell the end for “assault weapon” bans not only in Illinois and New Jersey, but across the nation. We've already heard from the US Supreme Court that they intend to “take up” the AR15 question in the future and seeing some victories in these states would support a positive outcome in a future Supreme Court case as well.

Gun owners should be watching closely, because a victory here would reaffirm that the Second Amendment protects the firearms Americans actually own and use.

Stay Informed

We’ll continue to follow these cases and keep you updated as the situation develops. In the meantime, take a look at “An American Must Have: The AR-15” or to take another look at some of the politics read “Assault Rifle Definition Challenges – AR-15s and Why You Can't Ban Them.”