Justice Department Sues Colorado Over Large-Capacity Magazine Ban
The Justice Department filed a federal lawsuit against Colorado on May 6, 2026, alleging the state's prohibition on magazines capable of holding more than 15 rounds violates the Second Amendment. The suit follows a similar action against Denver and cites the state's own admission that such magazines are in common use for lawful purposes. Colorado enacted the tightened restrictions in April 2025.
nbcnews.comThe Justice Department filed suit against Colorado on Wednesday, accusing the state of violating residents' Second Amendment rights by banning magazines that hold more than 15 rounds. Court documents filed in the U.S. District Court for the District of Colorado state that officials admitted the magazines are commonly used by law-abiding Americans for self-defense and other lawful purposes.
The lawsuit argues that making it a crime to sell, transfer or possess such magazines therefore violates the constitutional protection for arms in common use. The action follows a separate suit the Justice Department filed against the city of Denver on Tuesday over its ban on certain semiautomatic firearms.
Colorado's statewide measure, which tightened an original 2013 restriction, bars both the sale and possession of the magazines in question.
It notes that Colorado acknowledged the prevalence of the banned magazines while still imposing the prohibition. A 2024 industry report estimated that more than 448 million detachable rifle magazines holding 30 rounds or more were in use or on the market, with an additional 60 million magazines holding between 11 and 29 rounds.
The Justice Department described the state's policy as one that prioritizes political signaling over constitutional rights. Officials said the Civil Rights Division's Second Amendment section would continue to challenge restrictions on arms owned by tens of millions of Americans.
The lawyer told reporters that communities impacted by mass shootings do not need easier access to such equipment and accused the federal action of serving industry interests rather than defending constitutional rights. A representative of the Second Amendment Foundation welcomed the intervention.
The group stated it was pleased that federal authorities were addressing what it called open hostility toward the exercise of enumerated constitutional rights in certain jurisdictions. The original Colorado restrictions date to 2013. State officials expanded them in April 2025, a move the current lawsuit directly challenges as unconstitutional.
This case forms part of a series of federal challenges to state and local gun regulations under the current administration. Legal observers have noted that post-Heller jurisprudence has increasingly turned on empirical questions of whether regulated items qualify as arms in common use.
The Justice Department's filings in both the Colorado and Denver matters emphasize ownership numbers and admitted prevalence by the regulating jurisdictions themselves. The lawsuit does not seek immediate injunctive relief in its initial filing, though such requests often follow in similar Second Amendment cases.
Proceedings will unfold in federal district court in Colorado, where judges have previously handled challenges to the state's magazine restrictions.
Key Facts
Story Timeline
4 events- May 6, 2026
Justice Department files federal lawsuit against Colorado over magazine capacity ban.
5 sourcesDaily Caller · NYT · Washington Post - May 5, 2026
Justice Department sues the city of Denver over its ban on certain semiautomatic firearms.
2 sourcesDaily Caller · NYT - April 2025
Colorado officials tighten original 2013 restrictions on magazines holding more than 15 rounds.
2 sourcesDaily Caller · Just the News - 2008
Supreme Court rules in Heller that Second Amendment protects arms in common use for lawful purposes.
2 sourcesDaily Caller · Washington Post
Potential Impact
- 01
Federal court will review whether Colorado's magazine limit violates the Second Amendment.
- 02
Colorado must prepare legal defense while current ban remains in effect during proceedings.
- 03
Case adds to post-Heller litigation testing empirical common-use standards for firearm components.
- 04
Ruling could affect similar capacity restrictions in multiple other states.
- 05
Second Amendment advocacy groups gain visible federal support in challenging state laws.
Transparency Panel
Related Stories
wwd.comTrump Administration Appeals Trade Court Ruling on 10% Global Tariffs
The Court of International Trade ruled this week that the 10% tariff on most imports exceeded presidential authority under Section 122 of the Trade Act of 1974. The Trump administration appealed the decision on Friday while the duty remains in place.
The GuardianStarmer Appoints Brown and Harman as Advisers
Keir Starmer has appointed former prime minister Gordon Brown as envoy on global finance and Harriet Harman as adviser on women and girls. The part-time unpaid roles come as Labour suffered heavy losses in local and devolved elections, triggering calls from some MPs for Starmer t…
The IndependentRussia Holds Victory Day Parade in Moscow
Russia conducted one of its most limited Victory Day parades in years on Saturday in Red Square, citing threats from Ukraine. A U.S.-brokered three-day ceasefire and prisoner swap between Russia and Ukraine took effect for the commemorations marking the 81st anniversary of victor…