Office of Public Affairs | Justice Department Sues the District of Columbia for the Unconstitutional Ban of Semi-Automatic Firearms
Today, the Justice Department sued the District of Columbia’s Metropolitan Police Department (MPD), alleging that the District government and MPD unconstitutionally ban the AR-15 and many other firearms protected under the Second Amendment. The District’s gun laws require anyone seeking to own a gun to register it with D.C. Metro Police. However, the D.C. Code provides a broad registration ban on numerous firearms — an unconstitutional incursion into the Second Amendment rights of law-abiding citizens seeking to own protected firearms for lawful purposes. MPD’s current pattern and practice of refusing to register protected firearms is forcing residents to sue to protect their rights and to risk facing wrongful arrest for lawfully possessing protected firearms.
“Today’s action from the Department of Justice’s new Second Amendment Section underscores our ironclad commitment to protecting the Second Amendment rights of law-abiding Americans,” said Attorney General Pamela Bondi. “Washington, DC’s ban on some of America’s most popular firearms is an unconstitutional infringement on the Second Amendment — living in our nation’s capital should not preclude law-abiding citizens from exercising their fundamental constitutional right to keep and bear arms.”
“This Civil Rights Division will defend American citizens from unconstitutional restrictions of commonly used firearms, in violation of their Second Amendment rights,” said Assistant Attorney General Harmeet K. Dhillon of the Civil Rights Division. “The newly established Second Amendment Section filed this lawsuit to ensure that the very rights D.C. resident Mr. Heller secured 17 years ago are enforced today — and that all law-abiding citizens seeking to own protected firearms for lawful purposes may do so.”
In 2003, a D.C. special policeman named Richard Heller sued Washington, D.C. because the laws at the time prevented him from owning a handgun and keeping it in his home for self-defense. In 2008, the U.S. Supreme Court, in its landmark decision Heller, held that the Second Amendment does, in fact, protect the rights of law-abiding citizens to own a semi-automatic weapon in their homes for lawful purposes, such as self-defense. Unfortunately, today, the District still prevents ownership of these very same weapons through a pattern and practice of broadly blocking gun registration. Law-abiding citizens throughout our nation’s capital are facing wrongful arrests due to the enforcement of unconstitutional laws.
The Civil Rights Division enforces the Second Amendment, the Police Pattern or Practice Act (34 U.S.C. § 12601), and Executive Order 14206. If you are a current or prospective gun owner and believe you are being prevented from registering or owning a lawful firearm, please submit a complaint through https://www.justice.gov/crt/second-amendment-section.
