The Department of Justice is giving California the chance to avoid a federal lawsuit one week before the state implements a ban on semiautomatic Glock-style handguns.
Assistant Attorney General for Civil Rights Harmeet Dhillon sent a letter to Gov. Gavin Newsom (D-CA) and California Attorney General Rob Bonta on Wednesday, asking them to enter pre-suit settlement negotiations by June 30. Otherwise, a complaint will be filed if the ban takes effect on July 1.
Dhillon argued the ban violates citizens’ right to keep and bear arms for self-defense under the Second Amendment, citing the popularity of handguns in the nation.
“Because handguns are the most popular weapon chosen by Americans for self-defense, a prohibition of their use is invalid,” she wrote.
The regulation prohibits licensed firearms dealers from selling semiautomatic handguns, specifically Glocks and Glock-style pistols, over concerns that such weapons could be easily converted into fully automatic guns with illegal switches. Newsom signed the bill into law last fall after the California legislature passed the measure.
The law, however, does not outlaw current ownership of the pistols or the private resale of such firearms. Still, Dhillon finds the bill troubling.
“The complaint will allege that the Glock Ban and the Handgun Roster statute violate the State’s citizens’ Second amendment rights by making it a crime to acquire constitutionally protected arms from firearms dealers, and that state law enforcement agencies’ implementation of the prohibition and threat of criminal enforcement constitute a pattern or practice of law enforcement misconduct,” Dhillon said.
The civil rights official noted the DOJ is authorized to sue California on the basis that local law enforcement agencies engage in a pattern or practice of conduct infringing on individuals’ constitutional rights.
If the state enters pre-suit negotiations, the DOJ will move to defer the threatened lawsuit, Dhillon said. It remains to be seen how Newsom and Bonta respond to the legal demand.
The federal government is already suing Denver and Washington, D.C., over their respective firearms regulations.
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Illinois lawmakers are considering a similar ban to California’s legislation, but it has effectively stalled in the General Assembly.
Dhillon’s notice of intent to sue California comes one day after President Donald Trump revealed he’s “working on” legislation that would require states to honor concealed-carry permits issued by other states. Trump previously said he would sign such a bill into law, but Congress has not advanced the measure since it was introduced last year.