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Justice Department Sues Colorado Over Denver Assault Weapons Ban and Magazine Limit
The Justice Department filed a lawsuit against Colorado over its ban on high-capacity magazines and issued a demand that Denver repeal its 37-year-old assault weapons ordinance. Denver officials rejected the demand, stating the law has reduced violent crime and reflects community values.
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The Justice Department has filed a lawsuit against the state of Colorado alleging that its ban on magazines capable of holding more than 15 rounds violates the Second Amendment. Separately, the department sent a demand letter to Denver on April 28 requiring the city to repeal its ordinance prohibiting assault weapons, which has been in effect since 1989.
Denver officials responded in a letter sent May 4 rejecting the demand.
The city's ordinance defines such weapons to include any semiautomatic pistol or centerfire rifle that has 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. According to the demand letter, the Supreme Court's decision in District of Columbia v. Heller affirmed that the Second Amendment protects the right of law-abiding citizens to keep and bear arms for self-defense.
The letter 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. It 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.
Denver leaders stated in their May 4 response that reversing the ban would not align with their duty to protect residents. Denver police leadership said repeal would place officers and residents at greater risk. 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.
