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DOJ Moves to Block Virgin Islands ‘Assault Weapon’ and Magazine Ban After Cheeseman

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The Justice Department’s intervention in the Virgin Islands case is more than a routine filing—it’s a direct rebuke of the territory’s attempt to criminalize the very firearms and magazines the Third Circuit just declared protected in Cheeseman. By arguing that Act 9113 sweeps in standard-capacity AR-15s and magazines already deemed “in common use,” DOJ is essentially telling lower courts that the Cheeseman precedent isn’t optional window dressing; it’s binding law that territories can’t nullify with creative labeling. That matters because the islands’ statute was drafted to look surgical while functioning as a de-facto ban, and the feds are now on record saying the Second Amendment doesn’t stop at the water’s edge.

For the broader 2A community, the move signals that the post-Bruen landscape is shifting from pure litigation defense to active federal push-back against outlier jurisdictions. Gun owners in the lower forty-eight should watch this closely: if DOJ can successfully block an “assault-weapon” law in a territory where constitutional protections are already diluted, the same logic becomes harder to dismiss when states try similar end-runs. The filing also underscores how magazine-capacity restrictions are no longer low-hanging fruit for anti-gun legislators; once a court labels standard magazines “Arms,” every new ban invites not just lawsuits but potentially hostile federal amicus briefs.

Strategically, this development hands the pro-Second-Amendment side both a precedent and a political talking point. It demonstrates that the Cheeseman victory wasn’t symbolic—it’s already shaping enforcement decisions at the highest levels. More importantly, it reminds activists that the next battle isn’t just about passing constitutional-carry laws; it’s about making sure no jurisdiction, state or territorial, can quietly re-impose the very restrictions Bruen and its progeny were meant to dismantle.

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