Justice Department Sues Denver Over 37-Year-Old Ban on Semi-Automatic Weapons

WASHINGTON — The Trump administration filed a federal lawsuit against the City of Denver on Tuesday, challenging the constitutionality of its decades-old ban on semi-automatic rifles and arguing that the city ordinance violates the Second Amendment rights of law-abiding citizens .

Acting Attorney General Todd Blanche, in a statement announcing the lawsuit, said the city’s prohibition on what it terms “assault weapons” directly infringes on the right to bear arms.

“The Constitution is not a suggestion and the Second Amendment is not a second-class right,” Blanche said. “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” .

🏛️ The Denver Ordinance at the Center of the Dispute

The law in question, enacted by the Denver City Council in 1989, makes it a crime to possess, sell, or transfer “assault weapons,” a category that includes AR-15-style rifles . The ordinance was passed during a period of heightened concern over gun violence in Colorado’s capital city .

Denver Police Chief Ron Thomas said the ordinance has been effective for nearly 40 years. The department seized 2,100 guns last year, but fewer than 40 were assault-style weapons, he noted . The law also restricts magazines capable of holding more than 15 rounds .

Last week, the DOJ sent letters to city and state officials demanding they repeal their respective bans on assault weapons and large-capacity magazines, threatening legal action if they refused to comply .

⚖️ ‘Hell No’: Denver’s Defiant Response

Denver officials rejected the federal government’s demands Monday, with Mayor Mike Johnston publicly declaring the city would not back down.

“We’re here today to let them know that our answer is ‘hell no,'” Johnston said during a press conference. “No, we will not roll back a common-sense policy that has kept weapons of war off of these city streets for 37 years” .

The mayor also expressed concern for first responders, arguing that repealing the ban would put police at greater risk. “No, we will not put first responders at greater risk every time they respond to a dangerous incident,” he said .

City Attorney Michiko Brown called the DOJ’s legal threat “baseless, irresponsible, and a clear overreach of the federal government’s power” .

🔫 The DOJ’s Legal Argument

The federal government’s case leans heavily on two landmark Supreme Court decisions: District of Columbia v. Heller (2008) and New York State Rifle & Pistol Association v. Bruen (2022) .

In Heller, the Court held that the Second Amendment protects the right of law-abiding citizens to possess weapons that are “in common use for lawful purposes” . The DOJ argues that AR-15-style rifles easily meet this standard.

“The Ordinance bans many weapons, including AR-15 style semiautomatic rifles,” Assistant Attorney General Harmeet K. Dhillon wrote in a letter to Denver officials. “Law-abiding Americans own and use for lawful purposes literally tens of millions of AR-15 style rifles. Indeed, it is the most popular rifle in America” .

According to the gun control organization Brady, there are approximately 20 million AR-style firearms in the United States today, compared to just 100,000 in 2004 .

The Justice Department is using its newly created Second Amendment Section within the Civil Rights Division to bring this challenge . The lawsuit asks the U.S. District Court in Colorado to prevent Denver police from enforcing the ordinance “to the extent it bans the possession of AR-15 style rifles with standard capacity magazines” .

🎯 Broader Implications for Colorado and the Nation

The legal action against Denver comes as the DOJ is also pressuring Colorado officials to end the state’s ban on large-capacity magazines, which was enacted in 2013 in the wake of the Aurora theater shooting that killed 12 people and wounded 70 others . The Colorado Supreme Court upheld the state law in 2020 .

Colorado Attorney General Phil Weiser has vowed to defend the state’s law, noting that six different federal courts have previously upheld bans on assault weapons or large-capacity magazines .

The outcome of the Denver case could have significant implications for the 11 states plus the District of Columbia that have similar “assault weapon” bans, though the exact definition of the term varies by jurisdiction .