The federal government has officially taken the City of Denver to court, filing a lawsuit on Tuesday that seeks to dismantle the city’s local ban on semi-automatic rifles and high-capacity magazines.
In a significant legal challenge filed in the U.S. District Court for the District of Colorado, the United States Department of Justice argues that Denver’s decades-old ordinance directly violates the Second Amendment rights of its residents.
The lawsuit specifically targets Denver Revised Municipal Code Section 38-121(c), which makes it a crime to carry, store, sell, or possess what the city defines as “assault weapons.” This includes many popular semi-automatic firearms, such as AR-15 style rifles, and magazines that hold more than 15 rounds.
Federal prosecutors argue that these firearms are not “weapons of war” but are instead “arms in common use” for lawful purposes like home defense and hunting. According to the complaint, AR-15 style rifles are the most popular firearms in the country, with estimates suggesting that at least 28 million are currently in circulation across the United States.
“When the City banned AR-15 style rifles with standard capacity magazines, it banned an arm in common use for lawful purposes by law-abiding citizens,” the government stated in the filing.
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The legal backbone of the case relies heavily on recent Supreme Court precedents, including the 2022 Bruen decision. That ruling established a strict test for gun laws: if a regulation affects conduct protected by the Second Amendment, the government must prove the law aligns with the “historical tradition” of firearm regulation in the U.S. The Department of Justice claims Denver cannot meet this burden because there is no historical precedent for banning firearms that are widely owned by the general public.
The complaint also takes aim at the terminology used by city officials. It describes the phrase “assault weapon” as a “politically charged” and “rhetorically charged political term” rather than a technical classification used by the firearms industry.
The U.S. government is bringing the suit under the Violent Crime Control and Law Enforcement Act of 1994, alleging that the Denver Police Department is engaging in a “pattern or practice” of conduct that deprives citizens of their constitutional rights by enforcing the local ban.
Denver police officers are currently required by the city charter to enforce all local ordinances, including the firearms ban. The federal government is asking a judge to issue a permanent injunction that would stop Denver police from making arrests or seizing property based on the possession of these semi-automatic rifles and standard-capacity magazines.
This case marks a major escalation in the conflict between local municipal gun controls and the federal interpretation of the Second Amendment. If the court sides with the Department of Justice, it could effectively nullify similar bans in other Colorado municipalities and set a powerful precedent for the rest of the country.
The City and County of Denver and the Denver Police Department are named as defendants. They have not yet filed a formal response to the complaint.
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