The Justice Department has formally warned California that its recently enacted ban on certain handguns—including popular Glock pistols—violates the Second Amendment and has signaled it will take the state to court if officials do not halt enforcement.
In a letter sent Wednesday to Governor Gavin Newsom, Assistant Attorney General Harmeet K. Dhillon argued that the law denies Californians access to modern firearms for self-defense. “Californians have the constitutional right to acquire and use state-of-the-art handguns to protect themselves,” Dhillon wrote. “They should not be forced to settle for decade-old models of handguns to ensure that they remain safe inside or outside the home.”
The measure in question, Assembly Bill 1127, is set to take effect July 1. It prohibits licensed firearms dealers from selling or transferring any pistol classified as “machinegun-convertible.” Under the law, Glock pistols—engineered in Austria and widely used by law enforcement and civilians—are redefined as such because their trigger mechanisms can be altered with aftermarket conversion devices that are already illegal under federal and state law.
Critics say the law effectively bans a broad class of handguns that are perfectly legal and widely owned, and that the conversion devices themselves are already prohibited. Supporters argue the law is a necessary public safety measure to prevent the proliferation of weapons that can be easily modified to fire automatically.
The DOJ’s warning sets up a potential high-stakes legal clash between the Biden administration and one of the most populous states in the nation. The department has indicated it will file a federal complaint if California does not cease enforcement. The case could test the limits of state authority over firearms regulation in light of recent Supreme Court rulings that have expanded gun rights.
This is not the first time the Justice Department has taken a hard line on state-level gun laws. In a separate dispute, a federal court recently blocked a Trump-era DOJ effort to obtain Michigan voter data, but the current administration has shown it is willing to use federal power to challenge state measures it sees as infringing on constitutional rights.
The letter also echoes broader tensions between California and the federal government over firearms policy. The state has some of the strictest gun laws in the country, including an assault weapons ban and universal background checks. The new Glock ban is the latest in a series of measures that gun-rights advocates say erode the Second Amendment.
Legal experts expect a protracted court battle if the DOJ follows through on its threat. The case could hinge on whether the definition of “machinegun-convertible” is impermissibly broad and whether the law imposes an undue burden on the right to keep and bear arms.
Governor Newsom’s office has not yet responded publicly to the DOJ letter. The state attorney general’s office is expected to defend the law in court if necessary. Meanwhile, gun-rights groups have applauded the federal government’s intervention, while gun-control advocates argue the law is a reasonable step to keep dangerous modifications off the streets.
