The U.S. Department of Justice filed a federal lawsuit against the State of Colorado today, aiming to strike down a state law that bans ammunition magazines capable of holding more than 15 rounds. In a legal challenge filed in the U.S. District Court for the District of Colorado, federal prosecutors argue the restriction violates the Second Amendment rights of law-abiding citizens.
The lawsuit targets a Colorado statute that labels magazines holding more than 15 rounds as “large-capacity” and makes their sale or possession a misdemeanor.
The Justice Department contends this label is a misnomer, asserting that these magazines are actually “standard capacity” for many of the most popular firearms in the country, including AR-15 style rifles.
“Colorado’s ban on certain magazines is political virtue signaling at the expense of Americans’ constitutional right to keep and bear arms,” said Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division. “Under my direction, the Division’s Second Amendment Section will continue to defend law-abiding Americans’ rights against unconstitutional restrictions on their right to possess arms which are owned by tens of millions of their fellow citizens.”
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The federal government’s complaint relies heavily on the “common use” test established by the Supreme Court. According to the filing, the State of Colorado has previously admitted in other legal proceedings that the banned magazines are owned by millions of people and are standard for firearms used for self-defense and hunting.
The DOJ notes that there are an estimated 448 million magazines with a capacity over 15 rounds in the United States.
Under the Supreme Court’s recent Bruen decision, the government must prove that any firearm regulation aligns with the nation’s historical tradition. The Justice Department argues that because these magazines are integral to the function of modern semi-automatic pistols and rifles, they qualify as “arms” protected by the Constitution.
The suit names the State of Colorado and the Colorado Department of Public Safety as defendants. It seeks a permanent injunction to stop state troopers and investigators from enforcing the ban.
“The State has already admitted that magazines like those it has banned are in common use by law-abiding Americans for lawful purposes,” the complaint states. “Therefore, the Magazine Ban—which makes it a crime to sell, transfer, or possess such a magazine—violates the Second Amendment.”
The Civil Rights Division has encouraged individuals who believe their rights are being infringed to submit complaints through the official DOJ website as they continue to monitor state-level firearm restrictions across the country.
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