DOJ Sues Denver and Colorado Over Gun Bans, Citing Second Amendment Violations

The U.S. Department of Justice (DOJ) has filed two Second Amendment lawsuits in the U.S. District Court for the District of Colorado, challenging state and local gun restrictions.

Assistant Attorney General Harmeet Dhillon, leading the Civil Rights Division, argues that both Colorado’s ban on "large capacity" magazines and Denver’s ban on "assault weapons" are unconstitutional. She asserts these laws violate the Second Amendment by banning firearms and accessories in common use for lawful purposes, a position the Supreme Court has repeatedly upheld. The DOJ cites the Court’s 2022 Bruen decision, which requires such restrictions to align with historical tradition—a standard neither law meets.

The Constitution is not a suggestion and the Second Amendment is not a second-class right. Denver's ban on commonly owned semi-automatic rifles directly violates the right to bear arms. This Department of Justice will vigorously defend the liberties of law-abiding citizens nationwide.
— Acting Attorney General Todd Blanche, May 21, 2024

Denver’s Assault Weapon Ban: A Closer Look

Denver’s ordinance, enacted in 1989, prohibits the sale, transfer, or possession of "assault weapons" within city limits. The law defines the term broadly to include any semi-automatic pistol or center-fire rifle with a fixed or detachable magazine holding more than 15 rounds. This definition encompasses many of the most popular firearms in the U.S., including AR-15-style rifles, when paired with standard magazines.

The DOJ’s complaint in United States v. Denver highlights that "assault weapon" is not a technical firearms industry term but a politically charged label. It notes that the banned firearms "include ordinary semiautomatic rifles possessed by millions of law-abiding Americans."

For example, Americans own an estimated 32 million modern sporting rifles—the industry’s term for rifles typically covered by "assault weapon" bans—according to the National Shooting Sports Foundation (NSSF). Survey data suggests between 16 million and 25 million Americans have owned AR-15-style rifles, which are commonly used for self-defense, hunting, and target shooting.

Justice Elena Kagan acknowledged in a 2023 ruling that the AR-15 is the most popular rifle in the country.

Rarity of Criminal Use

Despite their popularity, rifles of any type are rarely used in crimes. FBI data from 2019 shows only 364 homicides involved rifles, compared to 6,368 with handguns, 1,476 with knives, and 397 with blunt objects. The DOJ argues that Denver’s ban targets lawful gun owners rather than addressing criminal misuse.

Colorado’s Magazine Capacity Limit

The DOJ’s second lawsuit challenges Colorado’s ban on magazines capable of holding more than 15 rounds. Such magazines are widely used for lawful purposes, including self-defense and recreational shooting. The DOJ contends the law, like Denver’s, fails the historical tradition test set by Bruen.

The complaints emphasize that both laws impose restrictions on firearms and accessories that are in common use, undermining the Second Amendment rights of law-abiding citizens.