By MES Dispatch staff
The Briefing
- Washington, D.C. — The U.S. Department of Justice sued the District, alleging its rules unconstitutionally ban AR-15s and other semiautomatic firearms protected under D.C. v. Heller (2008). Filed in U.S. District Court; MPD and outgoing Chief Pamela Smith named as defendants. Police1
- DOJ argues D.C. bars firearms “in common use”, exposing residents to criminal penalties for unregistrable guns; calls the prohibitions cosmetic/feature-based rather than tied to function. Police1
- The case follows a separate DOJ suit this month against the U.S. Virgin Islands and comes amid a federal law-enforcement intervention in D.C. challenged by city officials. Police1
WASHINGTON — The Justice Department filed suit against the District of Columbia on Monday, arguing the city’s firearm rules unlawfully prohibit residents from owning and registering AR-15–style rifles and other semiautomatic firearms that DOJ says are protected by the Second Amendment under the Supreme Court’s Heller precedent. The complaint, lodged in U.S. District Court for D.C., names the Metropolitan Police Department and outgoing Chief Pamela A. Smith as defendants. Police1
In the filing, DOJ contends D.C. maintains blanket prohibitions on “commonly used” semiautomatic rifles, shotguns and pistols—citing the Colt AR-15 series as an example—despite Heller’s “in common use today” standard for arms presumptively protected by the Second Amendment. The government characterizes the District’s restrictions as appearance/accessory-based (e.g., features or cosmetics) rather than tied to operation, and says residents face criminal penalties because such firearms cannot be registered. Police1
The suit does not include individual D.C. plaintiffs, a contrast with the original Heller case brought by a local resident. DOJ asserts federal authority to challenge D.C.’s scheme under provisions of the 1994 federal crime law. An MPD spokesperson said the department does not comment on pending litigation. Police1
Monday’s action tracks a broader push by the administration: DOJ also sued the U.S. Virgin Islands this month over alleged systemic obstruction of gun rights, and the filing arrives as the federal government’s crime intervention in D.C.—including National Guard deployments—faces legal challenges from District leaders. Police1
What to watch next: The District is expected to move to dismiss or otherwise defend its feature-based prohibitions by arguing they fall within the “not unlimited” caveat acknowledged in Heller. The court will weigh the city’s public-safety rationale against DOJ’s view that the bans reach arms “in common use” and therefore violate the Second Amendment. Police1