Calm Down, There's a Reason DOJ Hasn't Sued Your State (Yet)

Published on May 13, 2026
Duration: 8:36

William Kirk of Washington Gun Law TV explains the Department of Justice's strategic approach to Second Amendment litigation. He details how the DOJ is targeting specific circuit courts to create circuit splits, thereby forcing the Supreme Court to address key legal questions. This strategy aims for maximum impact and efficiency within a limited timeframe, prioritizing cases that can establish favorable precedent across multiple jurisdictions.

Quick Summary

The Department of Justice (DOJ) strategically selects lawsuits to create circuit splits, forcing the Supreme Court to address key Second Amendment issues. This approach aims for maximum impact and efficiency, prioritizing cases that can establish favorable legal precedent across multiple jurisdictions within a limited timeframe, rather than suing states with unfavorable existing case law.

Chapters

  1. 00:01Introduction: DOJ's Lawsuit Rampage
  2. 00:24The Strategy Behind DOJ Lawsuits
  3. 00:41Calm Down: Why Your State Isn't Sued Yet
  4. 00:55Frustration of 'What About Us?'
  5. 01:17Washington State's Lack of Lawsuits
  6. 01:31Figuring Out the DOJ's Strategy
  7. 01:44Current Active DOJ Lawsuits
  8. 01:56LA County Concealed Carry Lawsuit
  9. 02:11US v. American Virgin Islands
  10. 02:32US v. District of Columbia (Assault Weapon Ban)
  11. 02:49US v. City of Denver & State of Colorado (Bans)
  12. 03:16Key Circuits for DOJ Litigation
  13. 03:25Why Minnesota Isn't Sued Yet (8th Circuit)
  14. 03:50The Problem of Bad Circuit Precedent
  15. 04:14Common Ground: 1st, 2nd, 4th, 7th, 9th Circuits
  16. 04:23Terrible Case Law on Platform Bans
  17. 04:33Creating a Circuit Split
  18. 04:54Assistant AG Har Dylan Interview Insight
  19. 05:08Understaffed DOJ Division
  20. 05:17Finite Time Period for Litigation
  21. 05:33The Time to Strike
  22. 05:48Efficiency in Lawsuits
  23. 05:55Long Game vs. Maximum Impact
  24. 06:06Miller and Duncan Cases
  25. 06:13Creating Maximum Impact Fast
  26. 06:22The Power of a Circuit Split
  27. 06:31Picking the Right Fights
  28. 06:40Virginia: Calm Down
  29. 06:49Success of Future Lawsuits
  30. 06:56Immediate Relief vs. Bad Precedent
  31. 07:05Minnesota: A Plea to Act
  32. 07:15Cheeseman v. Platkin Ruling Needed
  33. 07:37Reason for DOJ's Strategic Picks
  34. 07:49Questions and Contact Information
  35. 08:17Final Reminder: Lawful Gun Ownership

Frequently Asked Questions

Why is the Department of Justice (DOJ) strategically choosing which states to sue regarding gun laws?

The DOJ is strategically selecting lawsuits to create circuit splits, which forces the Supreme Court to address key Second Amendment issues. This approach aims for maximum impact and efficiency, prioritizing cases that can establish favorable legal precedent across multiple jurisdictions within a limited timeframe.

What is a 'circuit split' and why is it important for the DOJ's litigation strategy?

A circuit split occurs when different federal appellate courts (circuits) issue conflicting rulings on the same legal issue. The Supreme Court typically takes cases to resolve these splits, allowing the DOJ to push for definitive national rulings on Second Amendment matters.

Which federal circuit courts are currently important for Second Amendment litigation according to Washington Gun Law TV?

The video highlights the First, Second, Fourth, Seventh, and Ninth Circuits as having historically weaker case law for Second Amendment challenges. Conversely, the Tenth Circuit is mentioned in relation to the Denver and Colorado lawsuits, and the Third Circuit for the American Virgin Islands case.

What is the DOJ's strategy regarding states with unfavorable gun law precedents?

The DOJ avoids suing states in circuits with strong, unfavorable precedents (like the Ninth Circuit for California or Washington) because it's inefficient. Instead, they focus on cases that can create new precedent or resolve existing conflicts in more favorable circuits.

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