Justice Department Sues Colorado and Denver Over Assault Weapons and Magazine Bans

The Justice Department has sued the state of Colorado over its ban on large-capacity ammunition magazines and separately demanded that Denver repeal its long-standing prohibition on assault weapons. The federal lawsuit against Colorado alleges the state's restriction on magazines capable of holding more than 15 rounds violates the Second Amendment right to keep and bear arms in common use for lawful purposes.

The suit follows a separate action the department filed against Denver on Tuesday targeting the city's ordinance. Denver officials rejected the Justice Department's demand in a letter sent May 4. The city has enforced its assault weapons ban since 1989 and maintains that the measure has withstood legal challenges while helping to keep violent crime rates low.

In response to the April 28 demand letter from the Justice Department's Civil Rights Division, city officials stated that reversing the ban would not align with their duty to protect residents. Denver police leadership echoed this position, saying repeal would place officers and residents at greater risk.

It defines such weapons to include any semiautomatic pistol or centerfire rifle with a fixed or detachable magazine capacity of more than 15 rounds, as well as certain semiautomatic shotguns with folding stocks or magazines exceeding six rounds. Modified firearms that function with these features are also covered.

The demand letter cited the Supreme Court's decision in District of Columbia v. Heller, which affirmed that the Second Amendment protects the right of law-abiding citizens to keep and bear arms for self-defense. It argued that arms in common use cannot be categorically banned and noted that the definition encompasses AR-15-style rifles owned by tens of millions of Americans.

The letter set a May 5 deadline for the city to begin negotiations to repeal the ordinance. To avoid litigation, Denver would have been required to stop enforcing the ban, acknowledge its unconstitutionality and enter a consent decree preventing future enforcement.

Colorado's high-capacity magazine ban was enacted after a mass shooting in Aurora. The Justice Department contends both the state and city measures conflict with Second Amendment protections as interpreted by federal courts. Denver officials have defended their law as a democratically enacted public safety measure that has operated effectively for 37 years.

They indicated they may explore other strategies to reduce violence but will not rescind the existing prohibition. The mayor released a statement reinforcing the city's position that the ordinance saves lives and reflects local values. He added that neither a federal demand nor potential lawsuit would alter the city's commitment to the policy.

The federal actions come amid ongoing national debates over gun restrictions following high-profile shootings. The Justice Department has increasingly challenged state and local limits on firearms and accessories under the current administration. Denver's ordinance has faced prior legal challenges but remained in force.

Officials pointed to sustained low violent crime rates in the city as evidence of its effectiveness, though specific comparative data was not detailed in responses to the federal demand. The demand letter emphasized that the banned weapons and features are in widespread lawful ownership nationwide.

It warned that categorical bans on such arms run afoul of constitutional standards established by the Supreme Court. >"Denver’s law has stood for 37 years because it works, it saves lives, and it reflects the values of our community. " — Denver Mayor, May 4 (ZeroHedge via Epoch Times) The state lawsuit separately targets Colorado's magazine restrictions, which the Justice Department described as an unconstitutional burden on lawful self-defense.

Court proceedings in both matters are expected to examine how lower courts have applied recent Second Amendment precedents. At present, the city continues to enforce its ordinance while the federal cases move forward. No immediate changes to gun laws in Denver or Colorado have resulted from the latest actions.