DOJ Files Separate Lawsuits Challenging Denver Assault Weapon Ordinance and Colorado Magazine Capacity Law
The DOJ filed separate lawsuits this week challenging Denver's 1989 assault weapons ordinance and the state's 2013 large-capacity magazine limit. Acting Attorney General Todd Blanche said the bans violate the Second Amendment by restricting arms in common use. The complaints cite ownership of more than 32 million modern sporting rifles and hundreds of millions of high-capacity magazines.
americanrifleman.orgThe Justice Department filed suit Tuesday in U.S. District Court for the District of Colorado challenging Denver’s ban on assault weapons. A day later it filed a second complaint against the state’s prohibition on magazines capable of holding more than 15 rounds.
Both complaints seek permanent injunctions against enforcement of the restrictions. Acting Attorney General Todd Blanche said in a statement, “The Constitution is not a suggestion and the Second Amendment is not a second-class right.” Harmeet Dhillon, assistant attorney general for the Civil Rights Division, is overseeing the litigation.
Denver’s ordinance, enacted in 1989, prohibits the sale, transfer or possession of assault weapons within city limits. The ordinance defines an assault weapon to include any semi-automatic pistol or center-fire rifle that has a fixed or detachable magazine holding more than 15 rounds.
The complaint in United States v. Denver states that the term “assault weapon” is not a technical term used in the firearms industry.
The state law at issue was passed after the 2012 Aurora movie theater shooting. Colorado has banned the sale, transfer or possession of magazines that can hold more than 15 rounds since 2013. Colorado Attorney General Phil Weiser said the state would vigorously defend the large-capacity magazine law.
He described the suits as an attack by the Trump Justice Department on responsible policies that satisfy Second Amendment protections, decrease the deadly impacts of mass shootings and save lives.
